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2021-07-08 Minutes_ _� : ��; �`:� `�� v � I�EWS1ViEDIA INC. USA �l gia ► ccaqc n�ee-� "9 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 Olceechobee Count}; '-�lorzda, thzt the a�tached copy of .an advertisement being a ; " � � , � �. x � � , ' ati : 4 � - in the matter of -4-`� �.e "�t:' �;, �r�a�'_ .�. �_ a �k ? '�� ' � �r�, ?-"-'+�'i, 9.. � 9." .i' _. � �; s;1� .i . .__� �� i�. c '.. in the 19th Judicial District of the Circuit Court of (��Ceechobee County, Florida, was published in said newspaper in the issues of f � � ( { �� j, & f� y:',. �. � � � u; 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 ihis advertisement for publication in the said newspaper. �; _ � p---- -.--_ � r,� �.1,. � ..�--C�-_ ✓ c-a„' ��' �� > �r✓ =Z�----� r Katrina Elsken Muros Sworn to and subscribed before me by means of _ physical presence or � online notarization, this � �: ' -�� ' day of �' � AD Notary Public, State of Florida at Large , ., ,,, a '�:`_. ,i� .: �i ,� , G � ,.. . > . L a . . . �� .i�h�� s��: r,ti �,�r�nv 3iQ��^v Pu'�o t. MY COMMIS:>ION # }�H 1 �9146 "; '�- EXPI�tES:;:�ay12,2025 ��+.�?' r*,� ; Nc!ar. °cblic Undererlters � •.Eovf�°,• E3CnAr;d . �. �: vuw`mn'�'s'rr�rv�+ cn,roFo�c�oeEe rusucrvoncE (]1ARTER REVItW OOMNIITIEE MEEfiNG NpfTI� LS HEREBY GNEN: 1he GtY oF Ok�d�iob�� G�� Oiart2r Re�iEw Pdvi�rY Comm�e �0.� w�l mndud a meding on 7ulv 8. 2021, 6 PM, or as �oon thea3f�r as poscble, at Gry Flall, 55 sE 3rd AVE, Rm 200, Okee�iobee, FL The pubfc is nvi[czl h� atlznd and be heard on all «t�th�s. C�pies of tlie a9eld� wnll be arailable at n,e rr�tirg or rrer be vie�.�/� P�Of m ti,e rt�g rrom �.//y,�,.�,+.�ol�.mrt�/�arhr-�.v.htrnl. BE ADVLSED that sha�ld Yw in�sd tD st�o.v arry doaui�enk P�re, video, or � m the OCRAC in a�pportor oppc�ai h� arry �n m the agerda, a mpy ofthe doomia� Pic�re, vdeo, or �n rr�st be prwd- ed �n Uie C�/ 4aic ftx tlie Gh/s remtds. ANY PERSON DE�ING 70 APPEAL arry deavon rrtixie W the OQtAC w� r�qxd to arry matlr� mrmdaed at this mceting wBl nea�] m erv�re a�batim iemd of the pro�eding 's ttade ard tlie temrd inducks tlie �stirtxxry and e�idel� upon wtudi the appeal wal be based. In a�rdar� wdh tlie Art�iors with Lcadlities Pd', Pasxs wilh deab�l� needrt�9 spe�a� a�rtur�odabon tn parti�a� in th's qo�eJm9 �a�ld ax�ctlhe Ga'' eral Servi� Offiae in p�n or o� 6637639820, Fla3ring Impaired: Fbrida ReJav �-1-1 no la�r u,an ra,� l�r� daYs Prior m a��9• ONE OR MORE C1TY OF OKEEQIOBEE OOUPlCR MEMBQLS ►rlp,y BE IN ATiENDANCE AT THLS MEEfING. 7H7S NOTiGE LS pOSiED TiD MEEf STATE PUBLIC NOTI� REQUIREMENTS AND SUNS�IINE LAWS. By: Gty ask lare Garnio�, Q�9G 482519 0N 6/73/2071 ..� - ,,� ��.� / ,�' �/ � `t � � " e�t� ...� ^�; �� .�i'S � � �02� .-�, '�",� �-p ✓ '4,�''�/� 1 r r `N 1'► ��/ S � ��//Iiiiy � � • �� , � , • ` • • � �� .� _ . '',,� 1� �•��":"„`�I � � � � � / ADVISORY COMMITTEE MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Citizens Charter Review Advisory Committee (CCRAC) will conduct a meeting on Thursday, July 8, 2021, 6:00 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The purpose of the CCRAC is to gather facts and information based on deliberations and public input to make a recommendation to the City Council for possible amendments to the City's Charter. The Charter is essentially the City's constitution and outlines what authority is given to elected officials and staff as well as what services are to be provided to the residents. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting, or prior to the meeting, may be viewed/downloaded from: https://www.cityofokeechobee.com/charter -review.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 General Services Office in person or call 863-763-9820, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. ONE O�R MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO IVIEET STATE PUBLI� NOTICE REQUIREMEiVTS AND SUNSHINE LAWS. By: City Clerk Lane Gamiotea POSTED: 6/21/2021-LG � .. �,�-� `! .. � ? ' ' � Q_ , �- i� '�U IL�YI 'S dY'ELk.� � ` i.C�'l1� ' :'-� �'� /,4_ �_ ` p � /`� �: CITY OF OKEECHOBEE CITIZENS CHARTER REVIEW ADVISORY COMMITTEE JULY 8, 2021 HANDWRITTEN MINUTES BY PATTY BURNETTE I. CALL,TO ORDER ��►�� called the regular meeting of the Citizens Charter Review Advisory Committee (CCRAC) for the City of Okeechobee to order on Thursday, July 8, 2021, at 6: �:�I P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The invocation was given by �� , followed by the Pledge of Allegiance. II. ATTENDANCE �d� Chairperson Myranda Whirls ✓IVlember Wes Abney ,. Member Suzanne Bowen �Member Jamie Gamiotea 1�'IVlember Jeremy LaRue �fVlember Sandy Perry ..�Member Cary Pigman .�Member Hoot Worley ✓City Attorney John Fumero �Ex-Officio Member Gary Ritter �-General Services Coordinator Patty Burnette �,Executive Assistant Robin Brock P �SENT ABSENT �� d° � � ✓ 1/ I l�� l'- L� U Y'�''t ✓ ✓ III. AGENDA AND PUBLIC COMMENTS A. Motion by i� �� , seconded by `�:`' p�" �" to adopt the agenda as presented. '� �.. V-iee- Chairperson Whirls , Members Abney , Bowen , Gamiotea , " LaRue , Perry , Pigman , Worley . Motion Carried/Denied. B. There were no comment cards submitted for public participation for any issues not on the agenda. ��;�_ , IV. MINUTES - A. Motion by �-��'�`' � , seconded by ��'�; to dispense with the reading and approve the May 13, 2021, minutes. �, � ;�.� �Fiee- Chairperson Whirls , Members Abney , Bowen , Gamiotea , ` LaRue , Perry , Pigman , Worley . Motion Carried/Denied. V. NEW BUSINESS A. Appoint a new Chair and Vice Chair of the Citizens Charter Review Advisory Committee. �� ::�'�� ` � `� ,,�� '�� .,�.;�� .. � Q; r°.� A �ir�� `��'s� (�,��,�.� �ca-� x �. � cv_ I P �' �$e� ��t�`: � � (�D`�- i� C..Q° ��_� � � ' i" . ' � '� ;"'� �.. a d ; • , � P. Burnette Handwritten Minutes, July 8, 2021, Page 1 of 14 , � B. Continue review of City Clerk responsibilities. � ;, . , +$� �� , � � � _. � �� , �,- �� ..� C�� `' ��,r . ) ✓l� �.r' 7 �,�: �s(� Yil'� °`J3' 't } �� Q.� ,� �r��,L�f� �$,j�,��'' � t�s t, � l� � � v � �_ �t;,�,�:€C� �.,� /�'� J,,,, 1 . �e ✓�`� ��.�� . 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Burnette Handwritten Minutes, July 8, 2021, Page 6 of 14 ,��- � rc�r�mA.t�c� t � rrvr� '�'l7.�f�,.S' f'J�'; �� 'Eq�t�:. '�d � 1�� ;ry�� tty�-t . '�I u �rS `-�-� 9��%v��2 � �,' lo u � � �� l,J�' ,� �/C_,a�, �-c� - � .�.,.__.. .. -- -- - - -_ _ _._._.._ _.-- - _. ._._._ _ .._. _ � r,-� L.e��'tJ � �-� (�' � — � `��-'n� a-�'� � , � ' � �i i � � + <, r ,7 �^' �, f � �� ` _�:,.._�.._....�.:.�--e.-.--,-,-"" �. �I� �� . � � �� a<,�..� �,,. �.: � � �Ud'liFrE � <,,�;�;�' �r��T. p - 4 ,. �; �- � �- �r��,��y=�_.� -� � � �" �- � ��. � ._ �`�-� u� �a,��. : C I Q %� .� D�� e �,�- �� .��'� � . ��e✓�� -F��-p � G��; � � ,�, - � � � a�� F � �� U��r� �.��'.`� --_____ _ �„� � :: �-�.��;� � � --------___ �i�"�� ,,�.�{"�° �` �S � � @ � I I -R �-�t c�� ' �.� as �, �-� ��; �r � + ( � �� -� � �_� — ,� C�� _� �, '��. Ra }� �� cf',� � _ 3, �, �� e�e��E � le�� S�-�� Q� .� ��_. � �.� �� .fim€.� �� :�;?, � � � �'�,�, � , ��--�.. f IYl(�'��"v� � i�:;�, ,�> a �-C�" � ��'� - , �� -�� . �� p�' (��/ , ,,,r, �,~ � �GD,..:_ � � � f��-� � �� r.� °� 06.�.�3 r r 4 f� Q.a a ,,<<_ �,�� -,, � �� ..�_ + �< � l� .. . �� t„�� VJ �� t��, ,J F � . ,' �-7; ^ y� ,r,� r J , ,J r. . _ _ __ �✓`�"lC � � �(�i,fa�"► p ��-.' '; , ��, :�.� . . �;�� M. �� .� �� C 5 , a V� � � � 0 �' CL� �� `f� vv✓ 1�}-�-RC �.Q � � „� _,F �,� 9""t �" :� � I�vr�c�. � E ;�.,... �� .��:�" .�:��r, C��^��:�-� t r' y��. `• (-(vv.t' a ✓� ' '�� e �''�-6 ��. t �1 �4�VU � �/� � '�[ �' �( ' �.J('�.iti'Lt-i, ! ;,� ! ��.$ �..��t %1 ��'��` �a � �,l e J�,r�.�-. a �� , �� `..� �.-'.��, ��-�� ✓� c ��f €�a � �Tlj I �,a uv�. , . `^ ��y_ ��?" �l t4.) . `�JU�Je.� �. r c�.c°-r }�- �b b� 1 t'� � . :''f G� l,� � � �i,�£�-.a' L<., C,I�F�b+?l�.l ��.P'�?�e`k11.f.�Ctl�.�7L`�� P. Burnette Handwritten Minutes, July 8, 2021, Page 7 of 14 � �° �� "�� `�-- �i,�� „ �-. �� , ., . �� `� . �, P. Burnette Handwritten Minutes, July 8, 2021, Page 8 of 14 P. Burnette Handwritten Minutes, July 8, 2021, Page 9 of 14 P. Burnette Handwritten Minutes, July 8, 2021, Page 10 of 14 c D. Final Steps — consider when/how to present proposed Charter to City Council. , ,,�I'' . ` � : . . R : �� ; � �j" ,, • :: : l.� e , . � .. . . r J �. �' ` r �. � �� 'rF` >.' � } � .. " t.,%. � . � : �� Q � u °; �" ;'' F.�� r � �I �'�� '. I � � r �i , ,•- ,.� . t �� .�� i. ��4 �. r-� c� !� .�.; +�'� �° . ---.� � - ,� �-t� c,��c�� l,f� � r� �;��, �. �� -�� kh.t. � � ��; � .-�.�� _ e � �� ..� C�., C c� ��-- � -�- SL�.��r��t�;� � (� . lJ-� � �;;�� c� _, , �p �p� i n -- �t�:_r��^. r � � �` °; �� r�� ,� � �'� �.,i, ►�,�.�-�- � � . �.� y��e �; �,�-�,� o�-f cts C�� o��.�� s � I �' � � - 1 �. - 7 . r' �,�, R.�r^ `�-Q,�''Y'bqr Cf� � i r1 Gt_�4t t� y'�,y u'a�V"''ts� �`� e.�� "_�. , � �,�;,;_�,;::, � � �� d �� +.�-� � (� �� ,�. � }}- D� � 5 rc�-`�' � � �1 .R /' � �i lr(.��"�i.. q P1. . .rU,Wl.e,,v+? � � � 6 ,, (nce � ��: . . � ; ti,., I;,;Ut,c� `F`�"�`'{ �`'J'.`� � � � ` t :� � _ �y�, U+_ (,ti,��.R� �..�. ' ��n ,� � �;��' � ��. � �._ , . �, ;, � ,� ' � , �� 4 ��,� ��; � t 't t�,/��, � ' � i ,%,,_g U � `�' i fj i, l� � � �� " _'i' �,'�f1C�+ �"�-� I 3��F �'� �,� , � �. ��.�-� �: . �' �,t L �� 1�1�-.ct e� .�,,,�,5 � t�,;� � j;. p ;3�. f %�'^�/�, ). � � �n,A � ` - ._� l VY 7 C�'��:. D w%.�. �-v �-�_,�,::s Cvrn n��.�.��.�-�.- �Q Gi l Y 1 � �. ; ^ ` 2 � c� �-� �L �-^�- t�:��.� ` . -� � � � � �=,,�'' �,.. � i� . � �.... ��' • � iB,�� , _ � 4! - C� A' � �,v'� � �� Vv�� e' � r � � . �.h;,. .�. �,�,. r�, ��{_ � ` 1 �,t��'. �-�� _ �i� c � <�: � �� . a �1.� �� C�s�- cc� � �; .. ;!''A,f� ��,y' y°�� b,.� �,{}G�'�E-� �"� � P. Burnette Handwritten Minutes, July 8, 2021, Page 13 of 14 VI. Vice Chairperson Whirls adjourned the meeting at �'��`� ___ P.M. P. Burnette Handwritten Minutes, July 8, 2021, Page 14 of 14 i�otes -�� m.�-� � ,-, ,,-;c � J --�- .-. —��._ _ . _ Exh ibit 1 July 8, 2021 �ITIZEN�� LL �F RIGHiS CITlZENS' BIL! OF itiGHTS The City of OI<eechobee (the City) recognizes that Democracy is a iorrn of government in which peaple's participation is of prim�ry impoi�ance. Citizens must have a voice in decision-rnal<ing. Decision-mal<ers in government are accountable to the �ublic. The orderly, eTfiicient and equitable governance and operaiion ofithe Ciiy is enhanced when there is informed par�icipation of residenis ex2rcising their rights and i�esponsibiliiies, and for residents to respect the dignity oi` public office. In order to provide the public with full and accurate information, to promote efficient governance, to ensure accountability, and to provide all persons fair and equitable treatment, the following Citizens' eill of Rights are established: 1. Truth in Government. No City official or employee shall I<nowingly furnish fialse information on any pi�blic matter, nor I<nowingly omii significant fiacts when giving requested information to members oi the public. 2. Public Records. RII audits, reporfs, minutes, dacuments and other public records or` the City and its boards, agencies, departments and authoriiies shall be open for inspection at reasonable times and places convenient fo the public. 3. Accessibility. Every person should have the abiiity to transact City business with accessibility and convenience. The City Council, the City Administrator and ali City emp(oyees shaH provide reasonably convenient times for requirec! inspections, for transacting business with the City, and for registration and voti ng. 4. Minutes and Ordinance Register. The City Clerl< shal( maintain ancl mal<e available for public inspection an ordinance register separate from the minuies showing the votes oi each mernber on all ordinances and resolutions listed by descriptive title. As a general rule, written minutes of all meetings, including any advisory bodies, and the lil<e, and the ordinance register shall be available for public inspection not later than 30 days after the conclusion of the meeting. 5. Right to be Heard. While rnaintaining orderly conduct of public business, any interested person has the opportunity to appear before the City Council or Ciiy board or department for the presentation, adjustment or determination of an issue, request, or controversy within ihe jurisdiction of the City. The City Council shall adopt agenda procedure and schedule hearings in a manner� that will enhance the opportunity for public participation. Nothing herein shall prohibit the City from im�osing reasonable time limits and procedures for the presentation of a matter and to ensure ord2rly meetings and proper decorum. 6. Right to Notice. Persons entitled by law, ordinance or resolution to notice of a City hearing shall be timely infiormed as co the time, place and nature of the hearing and the legal authority pursuant to which the hearing is to {�e held. Copies of proposed ordinances or resolutions shall ue made availahle at a reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution. 7. Administrators' and Attorneys' Reports. The City Administrator and City Attorney shall periodically make a public status report on all major matters pending or concluded within their respective areas of concern. 8. Budgeting. In addition to any budget required by state statute, the City Administrator at the direction of the Mayor shall prepare a budget showing the cost of each department for each budget year. Prior to the City Council's first public hearing on the proposed budget required by state law, the City Administrator 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, and the amount of any contingency and carryover funds for each department. 9. Representation of City and Public. The Mayor shall endeavor to designate one or more individuals, if and when resources are available, to represent the City at all proceedings before County, regional, State and Federal regulatory bodies when actions may, significantly affect the City and its residents. 10. 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. Nothing herein is intended to create any legally enforceable rights or causes of action in a court of law. The City Council, the City Administrator and the City staff shall, to the extent reasonable, carry out these responsibilities and strive to achieve them whenever possible and when provided by law. Table of conten�ts [TBD] � � � � , _: � � � We, the people of �he City ofi Olceechobee (the City), in order to preserve and protect our hometown way of life, to secure ihe beneiiis and responsibilities of home rule, and to praVir�e a municipai governmen�l which serves the neecis of our community and our citizens, do hereby a�opt this Charter. ARTICLE 1. - CORPORATE EXISTENCE, FORM OF GOVERIVMENT, BOUN�ARY ANi� POWERS § C-1.1. - Corporate Existence. A municipal cor��oration I<nown as City of OI<eecl�obee (the "City") is hereby created pursuani to the Constitution of the State of Florida (the "State") and the Home Rule Charfier ofi ihe City. § C-1.2. - Form of Government. The City shall have a"Mayor-City Council-Administrator" form of government. § C-1.3. - Corporate Bo�mdary. The corporate boundary ofthe City shall be as fiollows: THAT A MUNICfPALITY to be called the City of OI<eechobee is hereby estabfished in the County of Of<eechobee, ihe territorial boundaries of which shall be as follows: Beginning at the Northeast corner of the Northwest c�uarter of the Northeast quarter of . :�. in Townshi�.: . South, Range _;= East, and ther. run South to the Southeast corner of the Southwest quarter of the 5outheasi quarter of; =,;':" ; _:., Tawnship ":: _ South, Range :::� East, then run W�st along ihe seci:ion line dividing Sections 22 and ": and ':._and_,., to the Southwest corner of ';, ,";:, Township South, Range.. _:;.East, then run North along the section line dividing Sections__:::_;:, and_ �_, and_,. and 17 fio ihe Northwest corner of_ _ in Township_:= , South, Range__ _ East, then run East along section lii�e dividing S�ction 9 and :, ' and �0 and 15 to Point of Beginning; AND IN ADDITIOtV T� TNE BOUNDARIES SET OUT ABOVE THE �URTNER AND ADDITlONAL TERRITORY [30UNDED AS FOLLOWS: Beginning at the fUartheast corn�r of the Northzast quarier of _-:,;."_;. �. Township :: ' South of Range :':', East and then run South to the Southeast corner of the Northeast quarter of :;;; Township , South of Range._:'.m; East, then run West to the Southwest corner of the Northeast quarier of ;': Township "'. 5outh of Range ".:� East and then run North to the Northwest �orner of the Northeast quarter of.. ',.;, Township..: South of Range_"'.:,. East, and then run East to I�oint of l3eginning; AND IN ADDITION T� THE BOUNDARIES SET OU i AB�VE TNE FURTHER AND A�DITI�N,4� TERRITORY GOUNDE� AS FOLLOWS: Beginnin� at th2 Southeast rorner of Secti�n 9. Township South, Range .. . East and �aear North along the East iine of said Section 9 a disiance of 325.12 ieet to the South boundary of that property described in Ofricial Records Boolc 207, P��e 177, Fublic Records of Okeechobee Couniy, Florida; thence bear Souti� 89�59'S3" Wesi alang the South boundary of said property describeci in Official Recor�s 600!< 207, Page 177, a distance of 351.57 reet io a poir�t on ihe East righi-of-way lin2 ofiState Road 15 (a/k/a P�rrott Avenue); thence bear Souch 00°00'07" Westalong said righr-ofi-way line a dist�nce ofi301.12 feet; the��ce bear North 89°52`43" E�st alaiig said road right- ofi-way iine a distance of 20.00 fieei; thence l�ear South 00'00'07" East along s�id road right-ofi-way line a distance of 24.69 Feet to a point on the South fine of said Section 9; ihence bear iVorth 89°52'43" Last along the Souih line of said Section 9 a distance ofi 331.66 feet to the Point oF Beginning. AlSO: Beginning at the Southwest corner of Section 10, Township._ _ South, Ran�e __._: East and bear North aiong che West line oi s�id Section 10 a distance of 325.12 feet to a point on th� South baundary of that property described in affiicial Records Bool< 20�, Page 177; thence bea�- North 89°59'S3" East a distance oi 448.33 feet along the SouTh boundary of said property described in Officiaf Records Bool< 2�1, Page 177; thence bear South 00°00'07" East along ihe extension of the East boundary of said proNerty described in Official Re�ords of Book 207, Page 177, a distance of 3?1.60 feet to a point on the South line of said Seciion 10; thence bear South 89°32'S4" lhlest a disfance of 44836 feet to the �'oint of Beginning. All lying ancl �aeing in Sections 9 and 10, Township :;. __ South, Range :, ._ tasfi ado�ted on June 6, 1983 by Ordinance No. 486 �-ecorded in OR Sook 284 Pages 372-373, Publie Records of Ol:eech�bee County, Florida; AND IN ADDITfON 70 TNE a�UNDARIES SET OUT ABOVE THE FURTHER AND ADDITIO(U�1L TEI�RITORY BOUNDED AS FOLLOWS: Lot 6 and the South half ofi Lot 5 of Blocf< ,-; Lots 14 through ., inclusive of Blocl< :,; Lots 11 through. ._ :, inclusive of Blod< 52; Lots 1 through 6, inclusive of Blocl< 53; Lots 1 through 6, inclusive of Blocl< 68; Lots 11 through .'.:, indusive of Blocic 69; Lots 11 through.:.: , inclusive of Glock 76 and Lois 1 through 6, inclusive of Block 77 all located in Conner's Highlands, as recorded in Plat Eoolc 1, Page. "._, Offiicial Records of Okeechobee County; adopted on Augusi 1, 1983 by Ordinance No. 489 recorded in OR Book 256 Page 991, (�ublic Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 17 through 26, inclusive of Blocl< 52 and Lots 1 through 10, i��clusive of Block 69 all located in Conner's Ni�hlands, as recorded in Plat Boolc 1, Page :._;:. df#icial Records of Okeechobee County; adopted on December 10, 1984 by Ordinance No. 526 recorded in OR 6001< 275 Page 1231, Pub(ic Records of Olceechobee County, Florida; AIVD IN ADDITION TQ THE BOUNDARIES SET C7UT ABOVE THE fURTNER AND ADDfTIONAL T[RRITORY �OUNDED AS FOLLOWS: Lois 1 fihrough 6, inclusive and 8 through 10, inclusive of Blocl< 75; Lots 17 ihrough 26, incl�+sive of Block 69 al! located in Conner's I-lighlands, as recorded in Plat BooE{ 1, Page _.; Official Records of Okeechof�ee Cour�ty; adopted on November 19, 1985 hy Ordinance No. 563 recorc3ed in OR Boak 280 Page 921, Public Records ofi Olceechobe� County, Florida; AND IN ADDIT{ON TO THE BOUNDARIES SET OUT A60VE THE FURTNER AND ADDITIONAL TERRITORY 60UNDED AS FOLLOWS: Lois 1 through 10, inclusive of Blocl< 52; and Lats 17 through 26, inclusive of Biod< all located in Conner's Highlands, as re�orded in Plat Sool< 1, Page ., Official Records of OI<eechobee Caunty; adoptec! on D�cember 2, 19�36 by Ordinance No. 583 ��ecorcled in OR 8001< 283 Page 790, Pubiic ftecords of Olceechobee County, Flor�ida; AND IN ADDITION T� THE [30UNDARlES SET OUT A80VE THE FURTHER AND �1DDITIONAL TERRITORY 6�UNDED aS FOLLOWS: Pai�cel "C": South one-half of Souti�west one-quarter of IVorthwesi one-quarter of Northwest one-quarter. Lying in _.:_ -_ ,; Township : 5outh, Range East, 01<eechobee County, Floricla; adoptecl on January 20, 1987 by Ordinance No. �87 recorded in OR 8001< 284 Page 374, Pu�alic Records of Okeech�bee County, Florida; AND 1N RDDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUND[D AS FOLLOWS: Lofi 7 ofi Block 7� located in Conner's Highlands, as recorded in Plat Boo!< 1, Page Official Records of Olceechobee County; adopted on September 5, 1989 by Ordinance No. 613 recorded in OR Book 307 Pages 220-221, Public Records of Olceechobee County, Florida; AN� 1N ADDiTION TO THE 60UNDARIES SET OUT ABOVE THE FURTHER A(VD ADDITIONAL TERRITORY BOUNDED AS F�JLLOWS: PARCEL I The Northwest one-quarter of the Northwest one-quarter of the Northeast one-quarter; iogether with the Northeast one-quarter oT the Narthwest one-quarfier lying North ancl East of Taylor Cd•eeEc; also the West 176 feet of the Northeast one-quarter of the Noi�thw�st one-quarter of ihe Northeasi: one-qu3rter, less Piat of ihe 2nd Addition of Okeechob2e Estates, also iess and except the following described parcei: Beginning at the Southeast corner of Lot No. 14, Okeechobee Estates, according to i�eplat of Lots 1 to 14 of OI<eechobee Estates, as recorded in Plat Qool< 3, Page 55, Pul�lic Records of OI<eechobee County, Florida, thence run South 00°22'24" East for a distance of S5 feet, thence North 89�37'36" West a distance ofi 55 feet more ar less to Taylor Creek, thence Northwesterly alon� the boundaries of Taylor Creek to a point of an extended line parallel to the South line of herein described tract then South 89°37'36" East for a distance of 100 feet, more or less, ta Point of C�eginning. All heing in :.. ;, Township ; South, Range ;_ �ast, �Ic�echouee County, Florida. Parcel V Northeast quarter of Northeast quarter; East haff of Northwesi quarter of Northeast quarter less and excepi; the West 176.00 feet of the Northeast quarter of che Northwest quarter of the Northeast quarter all being in. :.:. �. , Township "_ South, Range_ �, . East; adopted on Ocfiober 3, 1989 by Ordinance No. 616 recorded in OR Book 307 Pages 1405-14Q6. Public Records of OI<eechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUND[D AS FOLLOWS: PARCEL VI That part of the Southwest quarter oT Northwest quarter of Northeast quarter (ying North and East of Taylor Creelr, that part of the Sauth half of Northeast quarter lyii-�g �lo��th and East of Taylor• Cree�<; that part or' the North half of Southeast quartei• lying North of Taylor Q-eel<, all being in ._�.;:',. _" , Township, _ South, Range _. '_ East; adopted on lanuary 2, 199Q by Ordinance No. 622 recorded in OR Bool< 31t� Page 480, Fublic Records of Okeechobe� County, Fforid�; AND I(V ADDITION TO THE BOUNDARlES SET OUT AB�VE THE FURTHER AND ADDlTIONAL TERRIT�RY BOUNDED AS FOLLOWS: All that certain piece, parcel or tracfi of fand sifivate, lying and being in Seciior�s .. and _, Township::.:' South, Range;:_� East, Okeechobee County, Florida, as shown on the oi•iginal Governm�nt Land Office (G.L.O.j Township Plat and as approved by rhe Surveyor Genera) on September 29, 1903. All of which is more particularly bounded and described as foliovvs, to-wit: Commencing fior refierence at a found 5/8 " iron rod vvith cap (stamped "PLS 3372") at the East quarter Section corner of said, „ i ownship, __ South, Range, East; Tnence, bearing South 89�30'05" West along �he South line of the Northeast quarter of .' .. -, Township : South, Ran�� East, a distance of 297.04 feet to set r/8 " iron �-�d with aluminum alloy cap (stamaed ECD PLS 5179) and the point anci place ofi beginning of the hereit� described parcel; Thence, continuing along sa�ne, bearit�g South 89�30'05" Wesi a distance ofi 62.29 fieei to a sei P.K. nail and disk (stamped Ib 622� ) on the East right-oi-way line of U.S. 441, (a/{<,r`a State Roaci 15 and Parrot�t Avenue, 100 fieer �vide right-of-way; Thence, leaving the South line of the t�iortheast quart2r ofi _-.. , bearing fVorth 00°10'23" West along said Easi right-of-way iine ofi U.S. 441, a disiance of 242.00 fi�et to the South line af Bl�ck 51 First Addition to South O!<eechobee, as recorded in Plat BooEc 1, Page 17, Olceechobee County, Florida; Thence, leaving #he East right-of-way line of U.S. 441, bearing North 89�30'05" East along said South line of Bloc!< 51, a distance of 359.56 feet to a set 7/8 " iron rad �rvith aluminum alloy cap (stamped ECD PLS 5179) on the East line of said , ;�. .; Thence, leaving the South line o�` Blocl< 51, bearing North 00°07'12" �1/est along said East line of "-_ :. and along the East line of said Biocl< 51, a distance of 295.93 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, leaving the East line of '_�___:: �.. and the East line of Block 51, bearing North 89°18'40" East a distance of 483.36 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); ihence, bearing North 00°10'23" �1Uest a distance of 121,g2 feet, to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179}; Thence, bearing North 39°18'40" Eastalongthe Narth line ofSouth half ofithe Southwest quarter ofi the Northwest quarter of said ._ ,: -__ ., . a distance oi 528.47 feet to a set 7/8 " iron rod �+vith alumi��um alloy cap (siamped ECD PLS 5179); Thence, bearing South 00`10'23" East along a line 1421.61 Teet East of and parallel with the centerline of the aforesaid U.S. 441, a distance of 730.00 feet to a set 7/8 " iron rod with aluminum alloy cap (starnped ECD PLS 5179); Thence, bearing South 89�18'40" West a distance of 285.41 feet to a set 7/8 " i�•on rod with aluminum ailoy cap (stamped ECD PLS 5179j; Thence, bearing SouYh 18�29'43" East a distance of 234.56 Teet to a set 7/8 " iran rod with alumirtum alloy cap (stamped ECD PLS 5179); Thence, bearing South 00°10'23" East a distance of 173.72 feet to � set 4" x 4" concrete monument with aluminum alloy cap (stamped M.F. Lenz Co. LB 6221); Thence, bearing South 89°18'28" West along the North line of lands of City Markets Building, Inc. as recorded in Official Records Bool< (O.R.B.) 205, Page 285 and Official Records Boolt 201, Page '-, a distanc� of 1021J6 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS �179), at the Southeast corner of those lands of Louis R. Demicco as recorded ir Official Records Book 200, Page 893 Ruf�lic Records of Olceechobee Caunty, Flor�ida; Thence, leaving the North line of lands of City Marl<ets Building, lnc., bearing North 00�07'12" West along ihe Easterly line of those lands of Louis R. Demicco, a distance of 424.40 feet to a sEt 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179j; Thence, continuing along the lands oi Louis R. Demicco, bearing South 89�30'C35" Vllest a distance of 35.�0 feet to a set 7/8 " iron rod with aluminum alioy cap (stamped ECD PLS 5179); Thence, continuing along the lands of Louis R. Demicco, bearing North �-3°44'23" West a distance of 59.98 feet to the point and �lace of beginning; The above described pretnises contain an area of 1,182,248.90 square feet or 27.14 acres. Subject to all Easements, Conditions and Restrictions as coniained withii� the Chain of Title; adopted on March 17, 1998 by Ordinance No. 710 recorded in OR Boolc 403 Pages 1627-1631, Public Records of OI<ee�hobee CoGnty, f-forida. CONSISTING OF APPROXIMATELY 2651.649 ACRES, MORE OR LESS. (TOTAL AREA IN ACREAGE OF THE CITY OF OKEECHOBEE AS HEREIN DESCRIBED AS OF THE DATE OF THE LAST ANNEXATION ON MARCH 17, 1998 SET DUT ABOVE). § C-1.4. - Powers. The City shall have and may exercise all available governmental, corporate and proprietary powers, allowable under law and the Constitution. 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 of Florida, as fully and completely as though they were specifically enumerated and incorporated in this Charter. § C-1.5 Construction. This Charter and the powers of the City shall be construed liberally in favor of the City and its authority to conduct municipal business. CiRAF 7 l�+�1�3�2021 ARTICLE 2 ARTICLE 2. - CI`tY Ci�UI�ClL; MAYOR § C-2.1. - City Council. Th2re shall be a City Counci( (or ihe Council). Except as otherwise prescribed herein providecl by law, all legislative and police powers of thz City shall be vested in ihe Council, including but nct limited to the setting of policy, approval ofi budget, deterrnination of tax rates, hiring and fiiring of the charter o�ficers� police chief, City Attorney, City Administrator, and the development of community land use policies and �v::___...�._........., _.W:__r._.._ _ e._ regulations. The Council may create and appoint committees including any advisory bodies. The Council shali consist offour (4) rnembers ("Counci( Members") in �ddition to the Mayor. References in 'this Charter to the City Council or Council shall include the Mayor unless the context dictates otherwise. Special ir�eetings may be held at the call of the Mayor or a majority of the Council. Emergency matters may be acted upon without notice when authorized by a majority vote of the entire Council. Unless otherwise specified, all other action of the Council shail be by affirmative vote of fihe majority of a quorum presert. The Council shall establish rules and order of business. A majority ofthe Councif shall constiiute a quorum. Meetings. The Council shall meet regulariy at such times and places as the Council may prescribe. The � ' �,, Councii shall hoid ai least 11 re�ular monthly_meeiin�s in each calendaryear, at such times and places as � �' _ (�'� k�` f the Council snall set by resolution. Special meetings may be held on the call oT the Mayor or upon the cail ��' of three members of the Council upon no less than 24 hours' notice to each Member and the public, or such shorier time as four Council Mem�ers sf�all deem necessary in case of an emergency affecting the �ublic heaith, sarety, welfare orthe public peace. § C-2.Z. - Mayor and Vice �ayor. (a) Powers of the Mayor. The Mayor shall be recognized as head of Ciiy Government for ali ceremoniai purposes and for p�!i�poses of law, for service of process, execution of ciuly authorized contracts, deeds and other documents, and as tI�E City ofr`icial designated to represent the City in all dealings with other governmental entities. The Mayor shall preside at meetings of the Council, be a voting member of the Council, ard may create and appoint committees in consultaiion with the Council. In addition, the Mayor shall ensure Council meetings are canducted in an orderly and efficient manner in accordance with Roberts Rules ofi Order, as may be amended from time to time, and other pertinent procedures and policies. (b) In addition to ihe regular powers invested in any other Council member, the Mayor shall have the powei- to declare an emergency situation, and other related emergency declarations. (c) The M�yor shall have no other powers and duties beyond those conferred by this charter or by the Council in accordance with the provisions of this charter. (d) �tt the first Council meeting after- fihe 30th day following the day c�f the general or run-off election oithe Council, o�-in any calendaryear in which there is no regularCityelection, atthe first Council meeting in the month of IVovemh�r of such year, the Council shall elect one of its members as M ayo r. ART�CLE 2 (e) Vice-Mayor. During the absence or incapacity of the Mayor, the Vice-Mayor shall have all the powers, authority, cluties and responsibilities of fhe Mayor. At tne Tirst Council meeting after the 30th day following the day of the general or run-off election of the City Council, or in any calendar year in which there is no regular Cit�i election, at the f�rst Councif ineeting in the moni� of Rlovember of such year, the Council shall elect one of its members as \�ice-Mayor. (� In the absence or disability of both the Mayor and Vice-Mayor, the Couricil designate one oftheir number to act temporarily in the capzcity ofithe Mayor. § C-2.3. - Elecrion and Term of Office. (a) Election and Term of Office. Each Council Member and the Mayor shall be elected at-large for foui• year terms by the elec�tors of the City in ihe manner provided in Article 5 of this Charter. § C-2.4. - Qualifications. Candidates for Council shall qualify for election by the filing of a written notice of candidacy with the City Clerl< at such tim2 and in such manner as may be prescribed by ordinance and paymeni to the City Clerl<. By ordinance, the Council may establish In lieu of a fez option Tor candida'tes to qualify. Only electors oT the City who have residecl continuously in the Ciiy for ar least one year preceding the date of such filing shall be eligible to hold the Oifice of Council Member. Candidates for Council shall be required to submit proof of residency at the time of qualifying by producing a valid voter's registration cai-d and any other document which establishes compliance with the residency requirements �`or rhe Office of Council member. The Council may establish additional specific residency requirements by Ordinance, § C-2.5. - Vacancies; Forfeiture of OfFice; Filling of Vacancies. (a) Vacancies. The office oz a Council shall become vacant upon their death, resignation, disahifity which in this case shail mean incapacity to perform the duties ofi office, sus�ension or removal from oifice in any manner authorized by law, or by forfieiture of their office. (b) Forfeiiure of Office. i) Forfeiture by disGualification. A Council Member shall forfeit their office if at any time during their €erm (1) they fail to maintain permanent residence in the City, or (2} otherwise ceases to be a qualified elector of the Council. ii) Forfeiture by absence. A Council Member shall be subject to forfeifure of their office, in the discretion of the remaining Council Members, if s/he is absent with good cause �`rom any (6) regular meetings of the Council during any calendar year, or if s/he absent without good cause from any rour (4), or three (3) as to the Mayor, consecutive regular meetings o; the Council during the same calendar year. iii) Procedures. The Council shall be the sole judge ofithe qualifications of its memhers and shall hear all questions relaiing to forfeiture of 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 Council. A Council Member whose qualifications are in question, aRT�c�E 2 or, who is otherwise subject to forfeiture or his/her office, shall not vote on any such matters. The Council Niember in question shafl be entiiled to a public hearing(s) on request regarding an alleged forreiture of ofi(ice. If a public hearing is requested, notice thereof shall be published in one or more newspapers of g�neral circulation, or other means deemed acceptable by resolution, in the City at least one weef< in advance of the hearing. Any fiinal determination by the Council in this regard shall be made by resolution. All votes and oiher acts of the Council Member in quesiion prior to the eifective date of such resolution shall be valid regardtess oF the grounds of forfieiture. (c) Filling of vacancies. A vacancy on the Council shall be filled as follows: i) If the Mayor's positian becomes vacant, and no more than six (6j months rernain in the unexpired term ofithe Mayor, rhe Vice-Mayor shalf complete the term of Mayor. If rrore than six (6) monihs remain in the unexpired term of the Mayor, the vacancy shall be filled by Council. ii) If the vacancy occurs on the Council, and no more than six (6) months remain in the unexpired term, the vacancy shall be filled by a nominee of the Council, wiihin r`orty-five (�-5) days following the occurrence of tne vacancy subject to confirmation of the Council. If more than twenty-fiour (24) months remains in the unexpired term of a Council Member, the vacancy shall be filled by a special election to he held not sooner than forty- fiive (45) c'ays or more than one nundred twenty (120) days following the occurrencc of the vacancy, unless there is a City, County, State or national election scheduled to fial<e place not sooner than forty-five {45) days or more than one hundred twenty (120) days following tl�e occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The vacancy occurring on �he Council sliall be Tilled by a Council Member within forYy-five (45) days following the occurrence of the vacancy, subject to the confirmation of the Council. The nomin�e shall fill the vacancy until the special election or scheduled election. iv) Persons filling vacancies shall meet the qualifications specified in Section 2.4 of this Charter. Council may prescribe by ordinance addition requirements to qualify. ivj If no candidaie for a vacancy meets the qualifications uncler this Article for that vacancy, the Council shall appoint a person qualified under this Article to fill ihe vacancy, who shal( serve until the next regularly scheduled election for the balance of the original term, but only after a hearing and in addition fio regular notice requii-ements, v) Notwithstanding any quorum requirements esiablished herein, if at any time the full membership of the Council is reduced to less than a quorum, the remaining memb�rs may, by unanimous vote, appoint additional members to the extent otherwise permitted or required under this subsection (c). vi) In th� event th�t ai! members of the Council are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor ofthe State of Florida shall appoint �' i! -- � � interim Councii Members who shall call a special election within not less than 30 days or more than c0 days after such appointment. Such election shall be held in the sa�ne manner as the first elections under this Charter; provided, however, i�at if there are less than six months remaining in any of the unexpired terms, such i�terim Council Member appointee(s) by the Governor shall serve out the unexpired terms. Appoint�es must meet all requirements for candidates provided for in Article 2. § C-2.6. - Compensation; reimbursernent for expenses. Council Members (including the Mayar) shail receive compensation on a monthly basis. Compensation, as established by Ordinance, shall be increased in accordance with the U.S. Consumer Price Index. Further, the Councif Members shall receive reimbursement for business expenses in accordance with applicaole law, or as may b� otherwise provided by ordinance. § C-2.7. - Recall. The �lectors of the City shall have the power to recall and to remove from ofifice �ny elected ofr'icial of the City to the extent permitted by ihe Florida Constitution and the faws ofthe State of Florida. The minimum number of electors ofthe City �hich shall be required to initiate a recall petition shall be ien (10%) perceni of the total numher ofi electors of the City as of the preceding City election and shall be accom�lishe� in accordance with the procedures set forth in Section 5.2 herein below. ARTICLE 3 ARTICi.E 3. - �l�MifVlSTRATIVE § C-3.1. - City Administrator. There shall be a City Administrator (the "Administrator") who shall b2 nominated by any Council Member and confiirmed at a duly noticed Council meeting by a majority of the Councif. The Administrator shal! be retair�ed for an employment contract with specifiied conditions and terms, including but noi limited to compensation and benefits, as set by the Council. The Administrator shall be the chiefi administrative officer of the City and shall be appointed on the basis of his/her education, experience, executive and administr�ative qualifications. The Administrator shalf be responsible to the Mayor and the Council fior the adminisiraiion of all City a�Ffiairs, as outlinec! herein ancl in ordinances. The Administrator shall be responsible for the adminisfiraiion of all departments and divisions of the City government, and for carrying out policies adopted by the Council. (a) No Council Member shall be �ligible for appoiniment as City Administrator cluring the ierm for which s/he has been elected and until two (2) years after its expiration. The Administrator need not be a resident of the City. (b) Removal. The Administrator may be suspended or removed from ofFice upon the vote of the majority of the total membership of the Council, which shall set forth the reasons for suspension or removal. The Administrator shall continue to receive full compensation until the effective date of a final resolution o� removal, unless otherwise determined by the Council. Notwithstanding anything herein, the Administrator may be removed from ofFice with oi� without cause. Upon removal from office, the Council may appoint an Interim or Acting Administrator until such time as a permanent replacement is appointec! by Council. § C-3.2. - Powers and Duties of the City Adminisirator. The Administrator shail: (i) Be responsibie for management and oversight of afl City departments, and ofiices therein, as s��cified by ordinance, except for the City Attorney, the Police Chief, police department staff, and CityClerk; L�i�� ":rC��✓(C U��,i� `=,$r,�•�{ (2) Direct and supervise the administration of all cle�artments and offices, but r�ot Council appointed committees, boards or agencies, uniess as ma�'directed by the Counci[ from time to time; (3) /�ttend all Council meetings and have the right to tal<e �art in discussion but not the right to vote; (�) Ensure rhat all laws, provisions of this Charter, ordinances, and acts of the Council, subject to enforcement and/or administration by the Adininistrator, or by City personnel subjeci io his/her supervision, are faithfuliy executed; (5) Pr�pare and submit to the Council a pro�osed annual budget and capital improvement projects - � �s �,�; , program; 1.�� ;,4 : AaRTlCLE 3 (6) Submit to the Council, and �nal<e available to rhe public, an annual report on the finances, I�udget and administrative activities of the City as of the end of each fiscal year, or as may otherwise be directed by ihe Council. (7) Prepare such oiher reports as the Council may require concerning the operations of City departments, offices, boards, and agencies; (8) I<eep the Council fully advised as to ihe financial conditions and future needs of the City and rnalce such recomn�enda�tions to the Council coneerning the affairs of the City as s/he deems to be in the best interest ofi the City; (9) Perform such other duties as are specified in this Charter or as may be required by the Council or ordinance, § C-3.3. - Acting City Administrator. To perform his/her duties during his/her temporary absence, disability, the Administrator may designate by letter filed with the Council, a qualified City officer to exercise ihe powers and perform the duYies of Administraior cluring hisJher absence or disability. During such absence or disabiliiy, the Mayor, with tne approval ofi the Council, may revolcz such designation at any time and appoint another officer of the City io serve until the Administrator shall return, or when his/her disability shall cease. The Acting City Administrator may be paid or otherwise compensated at the discretion of the Council. § C-3.4. — Bond of City Administrator. The Administrator shall furnish a fidelity bond or such other insurance instrument of comparable protection to be approved by the Council, and in such amount as the Council may fi>c, with either instrument io be condirioned on the faithful performance of his/her duties. The prerr�ium of the bond shal! f�e paid by ihe City. § C-3.5. - City Clerl<. The Clerl< shall give notice of Counci( rneetings to its members and the public, shall I<e�p the minutes of ihe City's proceedings which shall be a public record, and is authorized to administer oaths, attest to the Mayor's or Administrator's signafures, and shall perform such other duties as the Co�incil may prescribe from time to time. The City Cler!< shal( be the official records custodian of fihe City for all purposes. The City Clerl< may serve as the City Supervisor oi� Elections as may be determined by the Council. The City Clerl< shall mainrain a City Code of Ordinances and administraiive policies and regulations. § C-3.6. - City Attorney. The Council shall nominate and confiirm an individual atfiorney, or a law fiirm, to act as the City Attorney under such contract terms and conditions as may be established by the Council, firom time to time, consistent with this Charter. The City Attorney shall report to the Council and, after full consideration, may onlv be removed by a majority vote of the Yotal membership oT the Councif. The City Attorney shall attend all Council meetings and have the right to tzl<e part in discussion but not the right to vote, and shall ARTICLE 3 perTorm such other d�ities as are specified in this Charter or as may be required by ihe Council. The City � Attorney shall i<eep the Council fully advised as to ihe legal affairs as wel( as related fuiur� neecis ofi ine City, ancl mal<e such recommenclations to the Council concerning the affairs of the City as s/he dzems to be in th2 best interesi of the City. The City Attorney shall be the chiefi lega! ofFicer ofi the City and is 4 : responsible for providing or supervising all 12ga1 counsel to City boards, advisory committees �nd the lilce. (`�-�� ' � �_�,= , C_ �, ��d' � § G3J. - City Code of Administrative �egulations. pp �[�'4" `�' .� ` The City Clerl< shall maintain a City Code of Ordinances and administrative policies and regulations. The Council shall, by ordinance, es�ablish appropriate procedures of reasonable natice and pubtic comment on proposed administrative policies or regulations affecting #he general public prior to ial<ing final action on tlie same. § C-3.8. - Expenditure of City Funds. No funds of the City sha(1 be 2xpended except pursuant to duly approved appropriations. § C-3.9. - City Boar�ds and Agencies. The Council shall establish or terminate advisory committees, boards and agencies, as iz may deer� advisable from time to time. The advisory committees, boards and agencies shall repori directly to the Councii; however ihe Cifiy Administrator or City Cleri<, as appropriate, shall �rovide the adrninistrazive support to such Council-appoinfied committees, boards and agencies, as determined by the Council. § C-3.10. - Competitive Bid Requirements/Purchasing. (a) Fxcept as otherwise provided by law, contracts fior public improvements and purchases of supplies, materials or services shall be awarded or made on ihe basis of cleariy drawn specifications and competitive bids, as may be required hy ordinance. The City Council shall have zhe power, in its sole and absolute discretion, to reject all bids and advertise again. Notwithstanding anything herein, in those circumsrances, based on the wrifiten reccmmendation of the City Administrator- or City Attorney, and determined by a majority vote of the Council, that expedited actions are needed for the protection of the �ublic health, safiety or welfare, or which are impracticable or otherwise nat advantageous to the Ciiy to do so, contracts for purchases of supplies, materials or services may be awarded without competitive bids, or as may otherwise 6e authorized by law or executive order. (b) The Administrator, by ordinance, may be granted purchasing power without competitive bidding ut�aer specified dollar thresholds. (c) No contract or order shall be issued to any vendor unless or until the Finance Director or ii�e Aclministrator certifies fhat there is to the credit of such office, department or agency � suiticient un�ncurr�bered budget appropri�tion to pay for the supplies, materials, ec�uipment or contractual services fior which the contractor order is to be issued. DRAFT �fif03'�02'i ARTlCLE 4 ARTICLE 4. - L[�ISLATIVE � C-4.1. — Council Meeting Procedures. a> (a) Meetings. The Council shall hold at leastter (10) regular monthly meetings in each calendaryear, at such times and places as the Coui�cil may prescribe. (b) Rules of Procedur� and Order. The Mayor, with the advice and consent of the Council Members, shall determine rules of procedure and orcler of business for any and all �ublic rneetings, worl<shops, or other such proceedings. (c) Quorum and Voting. Voting on ordinances shai( be by roll call on final reading and shall be recorded. All other matters shall be by voice vote unless a Council Member or the City Cler!< requests otherwise. No ordinance, except as otherwise provided in ihe Charter, shal! b2 valid or binding unless a�opt2d by the affirmative votes of at least three (3) Council Member-s. Council Member participation, and/or establishment of a quorum, by "communications media technology" is acceptable if allowable under pertinent State law or emergency order of the Governor. § C-4.2. - Prohibitions. (a) Appointn�ent and Removal. Neither the Council, nor any of its members, shall in any manner dictate the appointmeni or removal of any City ofr'icers or employees whom the Administrator or any of his/her subordinates are empowered to employ or appoint. (b) Interference with Administration. it is the intent of this Charter that recommen�ations for improvei�nent in City government operations by individual Council Memhers be made 'to and through the Cify Administrator, or ai duly noticed Council meetings. (c) Holding Other Office. In addition to that prescribed by law, no elected City official, with the exception of a duly elected City Clerl<, shall hold any appointive City office or Ciiy employment while in ofFice. No former elected City oTficia( shall hold any compensated City empioyment until at least one (1) year afterthe expiration of his/her term. § C-4.3. - Ordinances. (a) Actions Requiring an Ordinance. In addition to other acts required by law or by s�ecific provision ofi this Charter to be affected or authorized by ordinance, those acts of the Council shall be by ordinance which: (1) Ado��t or amend an administrative regulation or establish, alter or abolish any City office, department, board or agency; (2) Estab(ish a rule or regulation the violation of which carries a penalty or other penal measures; (3) Levy taxes or appropriate funds; � R,AFT 06� C�3;2��'1 A�'tT1CL'E 4 (4) Grant, renew or extend a franc�ise; (5) Ser service or use�� chargas For municipal services ar grant aclministrative auihority to set such charges; (6) Authorize the borrowing of rnoney; (7) Convey or lease or autiiorize by administrative action the conveyance or iease of any lands of the City; or (8) Amend or repeal any ordinance previously adopted, except as otherwise provided in this Charter. (b) Procedure. The Council may adopt procedures with respect to the passage of ordinances in accordance with applicable law. § C-4.4. - Emergency Ordinances. To mee# a public eirergency affecting the public healih, safety or welfare, or the public ;�eace, the Council may adopt, in the mannei� provided in this Section, one or more emergency ordinances, but such ordinances may not: levy taxes, grant, renew or extend any municipal franchise; sei service or user charges fior any municipal services; or a�thorize ihe borrowing oi money except as providea under the emergency appropriations provisions of this Charter ifi applicable. (a) Form. An emergency ordinance shall be intro�uced in the form and manner prescribed ror 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 ir� clear and specific terms. (b) Procedure. An emergency ordinance may be adopted wiih or without amendment or rejected at the meeting at which it is introduced ancJ shall be enac�ed by no less than tnree members of the Council. After its adoption, the ordinance shal! be published and printed as prescribed for other ordinances. (c) Effective Date. An emergency ordinance shall become 2ffective upon adoption or at such other date as may be specified in the ofdinance. (d) Repeal. Every emergency ordinance except emergency appropriation ordinances shall automaticafly be � epealed as of the sixty-first (61S`) day following its effective date, but this shall not prevent re-enactmeni 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 adopiion of a repealing ordinance in the sarne speci(ied in this 5ectian for adoption oi emergency ordina nces. (e) Emergency Appropriations. The Council may malce emergency appropriations in the manner provided in ihis Section. To the extent that there are no available unappropriated revenues to meet such appropriations, the Cou�cil may by s�ch emergency ordinance authorize the issuance ARTICLE 4 07` emergency notes, which may be renew�d from time to time, but the em2rg2ncy notes, inciuding renzwals thereof, shall be payable not later than the last cla�� of the fiscal year next succeeding the fiscal year in which fihe emergency appropriatian ordinance w�s originally adopted. All emergency appropriations shall be subject to the independent audit set for�h in Section 4.10 below. § C-4.5. - Annual BucJget Adoption. (a) 6alanced Budget. Each annual budget adopted by tne Council shal! be a balanced budget. (6) Budget Adoption. The Counci! shall by ordinance adopt the annual budget on or before the thirtieth (30`h) day of September of each year. If it fiails to adopt the annual budget by this date, the Council may by resolution direct that the amounts appropriated for current operations for the current fiscal year shall be deem2d adopted for ihe ensuing fiscal year for a period of fifteen (15) days and renewed by resolution each fiiteen (15} days, with all items in ii prorated accordingly, until such time as the Council adopis an annual budget for the ensuing fiscal year. An ordinance adopting an ai�nual budget shall constitute appropriation of the amounts specified therein. (c) Specific fippro�riation. The budget shall be specific as to ihe nature of each category or' appropriations fiherein. 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 Ocrober and shall end on 'the last day of Se�tember of the following calendar year, 5uch fiscal year shall afso constitute fihe annual budget and accounting year. § C-4.7. - Appropriation Amendments or Qudget Amendments during the Fiscal Year. (a) Supplemental Appropriaiions or bGdget amendments. If, during any riscal year, revenues in excess of those estimated in the annual budget are available for appropriation, the City Council may n�al<e supplemental appropriations for the fiscal year up to the amount of such excess. (b) Reduczion of Appropriations. lf, at any time during the fiscal year, it appeai•s probahle to the Administrator that the revenues available will be insufficienr to meet the amount appropriated, he/she shall report in writing to the City Cfluncil without delay, indicating the estimated amount ofthe deficit, and his/her recommendaiions as to the remedial action to be tal<en, The Ciiy Council shall then fia!<e such action as it deems appropriaie to prevent any deficit spending. § C-4.8. - Authentication, Recording and Disposition of Ordinances; Resolutions and Charter Amendments. (a) Authentication. Th� Mayar and the Clerl< shall authenticate by their signature all ordinances and resolutions adopted by the Council. In addition, when Charter amendments have been a�proved by the elector-s, the Mayor and the Clerf< shall authenticate by their signatures ihe Charter ARTlG�,.� 4 amendment, such authentication to reFlecl ihe approval oF the Charter amendment by the electorate. Orclinances must be approved as to legal fiorm by the City ��iorney. (b) R2cording. The Clerlc shall keep properly ind�xed books in which shall b� recorded, in full, all ordinances and resolutions passed byihe Council.Ordinances shall, atthe direction ofthe Councif, be periodically codified. The clerk shall also maintain the City Charier in current form and shall enter all Charter arnendments. (c) Record Availability. The Council shali establish procedures for mal<ing all resolutions, ordinances, policies, or Codes adopted by reference, and this Char�er, accessible to the people of the City on the City's website and other electronic means deemed appropriate, and shall otherwise be available for public insp2ction, or for purchase at a reasonable price. § C-4.9. - Annu�l Tax Levy. The City shall have the right to levy, assess and collect all such taxes as a��e permitted by law, including without limitation ad valorem, excise, franchise or privilege taxes on services and utilities. § C-4-.10. - Independent Audit. The Council shall provide ror an annual independent audit of all City accounts and may provide more f��equent audits as it deems necessary. Those audits shall be made in accordance with generally acce�ted audiiing standards by a certified public �ccountant or firm oT 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 iis ofFicers. A summary of the results, including any deficiencies found, shall be made public.�ln mal<ing such audit, proprieta� functions shail be audited separately and adequate ��' depreciation on propriety facilities shall be accrued so the public may determine the amount of any direct �Yo `��"'' �� or any indirect subsidy. If a designated auditor has conducted ihe annual independent audit of the City for a period oT five (5) consecutive years, ihe Council shall review, either through the appointment ofi a citizen's committee, an individual, or other certified public accountart or firm of such accounts, the adequacy of the auditors' perfiormance. ARTICLE 5. - ELECTIONS § C-5.1. - Elections. (a) Electors. Any person, who is a resident of the City, has qualified as an elecfior ofi ti�e Siaie and regisfiers to vore in the manner prescribed by law sl�alf be an elector of the Ciiy. (b) Nonpartisan Elections. AI! elections for the Council/City Clerl< positions shall be conducted on a non-partisan basis and no ballot shall si-�ow the party cfesignation of any candidaie in accordance with the applicable provisions of the State ofi Florida Elections Code �s codified in Florida Statuies, as may be amended frorn time to time. (c) E!ection Dates. The City's general election shall be held in even-numbered years on the first Tuesday after the first Monday in November. In the event an eleciion date fiafls on a religious holiday, th2 Council may, by ordinance, change the dates for qualifying and for the election. The terms of the sitting or'ficials shall be extended as necessary to accoinplish �tl�e election date revision made pursuant to this Section in accordance with Section 2.3 of the Charter. (d) General Election. The baliot for the general election shall contain the names of ali qualir`ied candidates for each of the �ity Counci(/City Cletk positions which are to oe filled as a res�!It of members' terms expiring. The Candidates running for affice wiih the highest number oi`votes shall be dul�� elected. (z) Run-off Election. The procedure and �rocess set forih in the State oi Florida Eiections Code, as codified in Florida Statutes, and as may be amended from time to time, concerning a runoff election shall apply. (f) Special Elections. Special elections, when required, shall be scheduled bythe Council at such times and in such manner as sl�all be consistent with this Charter�, in accordance with the State of �lorida [lections Code as codified in Florida Statutes, as may be amen�ed from �ime to time. (g) Single Candidates for City Clerl< or City Council. No election for the City Clerk seat, or any one Co�!ncil seat, shall be required in any election if ihere is only one duly c{ualified candidate. That candidate shall be considered elected automatically in accordance with any pertinent �rocess and timetabie in law or Charter. (h) Vote !�y Mail. Vote by Mail voting will be permitted as pravided by the laws of the State and under such conditions as may be pr�scribed by ordinance from time to iime. (i) Commencement of Terms. The term of office of any e(ected afficial wi(I commence on the first duly noticed Council meeting in January following the General [lection and continue until his/her su�cessor is qualified and elected r'or a period of four (4) years. . (j) Chief Elections Officer. The City Clerlc is hereby designated as the chief elections officer of the City and shall see that afl city elections are conducted in a proper and Eegal manner. Subject i:o the approval of the City council, the City Clerl< may delegat� any or all the responsibilities for administering elections to the OI<eechobee County Supervisor of Elections. ARTIC�E 5 ELECTlON� (I<) Straw ballot. City Council may, by ordinance, call a special election with a purpose of having the electoi�s of the City vote on an issue in a nonbinding refer2ndum. The ordinance shall call the election, set the date therefor, and prescribe the ballot language. The City Clerl< shall cause a notice ofi election ro be published in accordance with state laay. The election may be held in conjunction �n�ith a regulai�ly schedufzd ciiy efection or at such other time as provid�d by Council. (I) Applicable Law. To the exteni not addressed herein or not inconsistenT with �he provisions herein, the State or Fiorida Elections Coc!e, as codified in Florida Statutes, a� inay be amended frorn tirne to time, shall apply to Article 5 of the City Charter. § C-5.2. — Initiative and Referendum. The 2lectors of the City shafl have the power to propose to the Council ihe passage or repeal of ordinances and to vote on the question if the Council refiuses action. Such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy o�F taxes or salaries of City officers or employees. (a) The person proposing to exercise this power shall submit the proposaf to the Council which shall approve as to form a petition for circulation in one or severai copies as the proposer may desire. (b) The person or persons circulating the petition shall within sixty (60) days of approval of the form ofi the petition, obtain the valid signatures of voters in the city in numbers at least equal to iwenty (20) percent of the registered voters in the City on the day on which the petition is approved, according co the official records of ihe 01<eechobee County Elections Supervisor. Each person signing a petition shall place thereon, after� their name, the date, and their place oT residence. Each person circulating a copy of the petition shail attach to it a sworn affidavit stating the number of signers and ihe fact that each signature was ma�e in the presence of the circulator of the petition. (c) The signed petitions shall be filed with the City Clerlc who shall immediately forward them to the OI<eechobee County Elections Supervfsor to determine the sufficiency ofthe signatures. The petitions shail be accomp�nied by a cashier's checic payable to the OI<eechobee County Eleciions Supervisor in an amouni sufficieni ro pay for a canvass of rhe petitions in accordance with the applicable Florida Statutes and rules and regulations ofthe Division of Elections o� the Staie of Florida. If the number of signatures is insufficient or the petiiian is defiicient as to form or compliance with this section, the City Clerlc shall notify the person filing the petition that the petition is insufficient and that it has failed. (d) The Council shall within sixty (60) days after a sufricient petition is presented either: (1) Adopt the ordinanc� as submitted in an initiatory petition or repeal the ordinance referred to by a rei`erendary petiiion, or (2) Submit the proposal to the electors of the City in imparcia) and concise language and in such manner as will provide a clear understanding of the proposal. (e) Ir ihe Council derermines to submit the proposal to the electors, the eleciion shail be held on the next scheduled Ciiy election. The result shall be determined by a majority vote o� the electors voting on the proposal. (f) An ordinance proposed by initiatory petition or the repeal of an ordinance by referendary petiYion shall be efFective no later than thirty (30) days after the election, except that: (1) Rights accumulated under an t7�f��►F �i L�bi�3r2�iZ'i , ._ . �., . .. _ _ ordinance befiween the tirne a certified referendary petition against the orditiar�ce is ��resented io the Council and ihe repeal ofthe erdinance bythe voters, shall not be ei�forced againstthe City, ana (2) Shculd two or more ord'snances having confficting provisions, be �dopted at the sarr�e el2ctian, the one receiving the highest number of vores shall prevail as to �those provisions. ��) An ordinance adopted by the electoraie through initiatory proceedings shall not be amended or repealed by the Council for a period of no less than one (1) y2ar after the election at �vhich it was ac�opted, but thereatt�r it may be amended or repealed lilce any other ordinance. ARTtCLE 6 CHARTER AWiEfVDi1AENT5 ART9CLE 6. - C9-i�RTER AMEiVDMENTS § C-6.1. - Procedure to Amend. The Charter may be amended in accordance with these provisions: (a) lnitiation by Ordinance. The City Council may, by ordinance, propose amendments to this Charter and upon passage of the iniiiating ordinance shal! submit ihe praposeci arnendment to a vot2 of the electors at the next general election held within the City or at a special election callecl for such purpose. (b) Initiation by Petition. The electors of the City may propose amei�dments to this Charter by pefiition. Each petition proposing amendments to this Ch�rfier shall be commenced, in the form, filed, certified as to its sufFiciency and/or �vithdrawn in �the same manner as an ordinance proposed by initiative pursuant io Section 5.2. (c) Submission to [lectors. Upon certification of the sufficiency of the petition, the Council shall suhmi�t the proposed amendment to a vote of the electors at the next generai election if such election is scheduled to be held not less �lhan sixty (60) days or more than one hundred and twenty {120) days from the date on which the �etition was certified or ai a special election called fior thar purpose. A special eleciion, if necessary, shall be held noi less than sixty (60) days or more than one hundred and twenty (120) days i�rom the date on which the pefiirion was certified. {d) Results of Election. If a majority of the qualified electors voting on a proposed amendm�nt vote for its adoption, it shail be considered adopted upon certificatian of the election results. If conflicting amendrnents are adopted at the same election, the one receiving the greatest number of afFirmative votes shal! prevail to ihe extent of such conflici. § C-6.2. - Chart�r Revision and Review Committee. At its first regular meeting in December of the tenth year afterthe adoption oi`this Charter, and thereafter e��ery tenth (10) year commencing therearter, ihe Council shall appoint a Charter Review Advisory Commission ("Charter Review Commission") consisting of no less than five (5) persons. Each Cifiy Counci! Memher shall be entitled to appoint one Charter Revision Commission member but that appointee shail be ratified by a majority of the City Council. In addition, the Council may appoint by majority vote any additional members to ihe charter review commission which have submitted an application or letiers of interest following p�ablic noiice of such appointmenfs. The Charter Review Commission shall commence its proceedings wiihin forly-five (45j days after a�pointment by tl�e Council. If the Charter Review Commission shall make recommendations to Councif, and shall determine if a Charter revision is needed, it shal! draft such amendments to this Charter as it deems appropriate and submit rhe same to the Council no later than one year afler their appointment by the Council. Notwithstanding any other provision in this Char�er, the Charter Review Commissian shall select the Chairperson of the Charter Review Commission. ARTICLE T GENERAL PROVISI+C�NS �1RiICLE 7. - GEIVERAL PROVlSIOtVS § C-7.1. - Severability. If any secfion or part oi a section of this Charter shall be i�eld invalid by a court of competent jurisdiction, such holcling shall noi affect the remainder of �his Charter or the context in which such section or parr of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably conneczed in meaning and effect with the section or part ofi section to which such holding shall directly apply. § C-?.2, - Confilicts of Interest; Ethical Standards. The Council, offiicials and empioyees of the City shall he subject to the standards of conduci for public officers and employees set by State law. In addition, the Council may, by ordinance, establish a Code of Ethics Tor Council, ofricials anci employees of ihe City which mal� be supplemental to 1aw, hu'r 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, ��o Council Members shall have a financial interesi, direct or indirect, in any contract, or sal�, to the City, or to a coniractor supplying the City of any land or rights or interests in any land, i�naterial supplies, or services. Therefore, no member ofiihe Council who possesses such a financial interest shall vote on, or pariicipate in the Council deliberations concerning, any such contract or sale. Any violation of this section with the I<nowledge of the person or entity contracting with the City may render the contract null and vaid. § C-7.3. - City Personnel System. All employments, a�pointments and promotions of City officers and employees shafl be m�de pursuant to personnel policies and procedures to be established by the Administrator or City Cfei�i< from time to time. § C-7.4. - Variation of Pronouns. All pronouns and any variation thereof used in this Charter shall be deemed ta refer to masculine, fieminine, neutral, singular or pfural as the identity oi` 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-7.5. - Charii:able Contributions. The City shall not malce any charifiable coni:ributions to any person or entity except if such contribution is approved by che affirmative votes of at least four (4} City Council Members. § C-7.6. - Precedence over Relaied Laws. In case of a conflict between the provisions of this Charter and the provisions o�`the Code oi` Ordinances to be adopted pursuan� thereto, the Charter terms shall control. Moreover, nothing in this Charter shail be consirued 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. § C-7.7. - Discrimination Policy. The City shall not adopt any measure or policy or otherwise discriminate against any person due to age, race, religion, color, national origin, physical or mental disability, creed, sexual preference or gender identification. § C-7.8. - Effect of This Charter. All laws and parts of laws relating to or affecting the City which are in full force and effect when this Charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this Charter but, insofar as the provisions of this Charter are the same in terms or in substance and effect as provisions of law which are in full force and effect when this Charter shall take effect relating to or affecting the City, the provisions of this Charter are intended to be not a new enactment but a continuation of such provisions of law, and this Charter shall be so construed and applied. Page 2 of 2 ARTICLE 8 TRANSITION ARTfCLE c3. - i'RANSI7"ION PR�VISIONS § C-8.1. - Interim Adoption ofi Cades, Ordinances and Resolutions. Until otherwise modified or replaced by fihis Charter, or ir` inconsistent �niith the Articies herein, all ordinances and resolutions in efrect on the date o� adoption of this Charter �hall, to the extent applicable and/or necessary to ihe City, remain in fiull iorce and er'fect as rnunicipal ordinances and resolutions of the City, unless and until repealed or modified by the Council. City of Okeechobee CHARTER REVISION CERTIFICATION Section 6.1 (a) of the Charter of the City of Okeechobee provides that the City Council 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. Article 6 of the City Charter provides the manner in which Charter amendments shall be proposed. A Election was held on [INSERT DATE], and in accordance with the majority vote and official election results, the City Charter shall be amended in accordance with the terms of Ordinance No. XXXX-XXX. Ordinance No. XXXX - XXX was adopted on the results of the APPROVED AS TO FORM AND LEGAL SUFFICENCY: John J. Fumero, City Attorney 2021 accepting 2022 Special Election. Page 2 of 2 CITY OF OKEECHOBEE CITIZEN CHARTER REVIEW ` o ADVISORY COMMITTEE ��ao 55 SE THIRD AVENUE, �i91 Y OKEECHOBEE, FL 34974 JULY 8, 2021, 6:00 P.M. OFFICIAL AGENDA I. CALL TO ORDER II. ATTENDANCE III. AGENDA AND PUBLIC COMMENTS A. Motion to adopt agenda. B. Public participation for items not on the agenda requires a comment form. IV. MINUTES A. Approve the May 13, 2021 minutes. Committee Members Gary Ritter, Chair Myranda Whirls, Vice Chair Wes Abney Suzanne Bowen Jamie Gamiotea Jeremy LaRue Sandy Perry Cary Pigman Hoot Worley V. NEW BUSINESS A. Appoint a new Chair and Vice Chair of the Citizen Charter Review Advisory Committee. B. Continue review of City Clerk responsibilities C. Review Model City Charter (Exhibit 1). D. Final Steps — Consider when/how to present proposed Charter to City Council. VI. 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. r �y� CITY OF OKEECHOBEE ' m _„z" - �+��... . ,n j� ��' CITIZEN CHARTER REVIEW ADVISORY COMMITTEE ��-os -;=- a �ULY 8� 2�2� r 79t * LIST OF EXHIBITS Draft Minutes May 13, 2021 Exhibit 1 Bill of Rights and Articles 1-8 .,��,�,�H��,,,�_ . ; s- � : -•' .� '-... ,,,.��''�� CITY OF OKEECHOBEE CITIZENS CHARTER REVIEW ADVISORY COMMITTEE MAY 13, 2021 OFFICIAL MINUTES I. CALL TO ORDER Chairperson Ritter called the regular meeting of the Citizens Charter Review Advisory Committee (CCRAC) for the City of Okeechobee to order on Thursday, May 13, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3�d 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 (entered the Chambers at 6:23 PM), Sandy Perry, Cary Pigman, Gary Ritter, Myranda Whirls and Hoot Worley. Ex-Officio Members Marcos Montes De Oca and Wes Abney, City Attorney John Fumero, Executive Assistant Robin Brock and General Services Coordinator Patty Burnette were present as well. 111. AGENDA AND PUBLIC COMMENTS A. Motion by Member Worley, seconded by Member Perry to adopt the agenda as presented. Motion Carried Unanimously. B. There were no comment cards submitted for public participation for any issues not on the agenda. IV. MINUTES A. Motion by Member Worley, seconded by Member Pigman to dispense with the reading and approve the April 22, 2021, Regular Meeting minutes. Motion Carried Unanimously. V. NEW BUSINESS A. After the April 22"d meeting, Attorney Fumero re-wrote Article 5 of the Model City Charter to make it less complicated. C-5.3 was removed in its entirety. After discussing, members noted one additional change. C-5.1 (c) amend the last sentence of the paragraph to read as follows: The terms of the sitting officials shall be extended as necessary to accomplish the election date revision made pursuant to this Section in accordance with Section 2.3 of the Charter. B. Members discussed Article 6 of the Model City Charter prepared by Attorney Fumero. C-6.2, amend the reference to deleted section C-5.3. C-6.3, delete the second sentence in its entirety. Amend fourth sentence to read, ln addition, the Council may appoint by majority vote any additional members to the charter review commission which have submitted applications or letters of interest following public notice of such action. C. Members discussed Article 7 of the Model City Charter. Attorney Fumero explained C- 7.2 Ethical Standards, is subject to the law and based on State Statutes. One cannot vote on something that would benefit them. Must disclose this. ROUGH DRAFT CCRAC M�tvuTEs, MAY 13, 2021, PAGE 1 OF 2 V. NEW BUSINESS ITEMS CONTINUED C. One may participate in discussion but cannot vote. Amend C-7.5 to reflect a super majority. Amend C-7.6 to read as follows, In case of a conflict between the provisions of tis Charter and the provisions of the Code of Ordinances to be adopted pursuant thereto, 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. However, 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-7.7 amend sexual orientation or gender to sexual preference or gender identity. D. Members discussed Article 8 of the Model City Charter. Attorney Fumero commented this section lets one know the City is going through a transition period as once the Charter is adopted there will be a huge project to have revisions made to the ordinances. Consensus of the Committee was to have Attorney Fumero amend the paragraph to have a few sentences instead of one. E. Next agenda items will be to review and discuss the entire Charter which will include all revisions to date and at the June 10th meeting continue the discussion regarding the City Clerk's position, and who would be responsible for the appointment, supervision and removal of their staff. VI. ADJOURN MEETING Chairperson Ritter adjourned the meeting at 7:08 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. ROUGH DRAFT CCRAC MiNu-rEs, MAY 13, 2021, PAGE 2 OF 2 Exhibit 1 July 8, 2021 DRAFT 06/03/2021 C17'IZEBVS' �BLL OF RIG1-1�'S CITIZENS' BILL OF RIGHTS The City of 01<eechobee (the City) recognizes that Democracy is a form of government in which people's participation is of primary importance. Citizens must have a voice in decision-making. Decision-makers in government are accountable to the public. The orderly, efficient and equitable governance and operation of the City is enhanced when there is informed participation of residents exercising their rights and responsibilities, and for residents to respect the dignity of public office. In order to provide the public with full and accurate information, to promote efficient governance, to ensure accountability, and to provide all persons fair and equitable treatment, the following Citizens'Bil/ of Rights are established: 1. Truth in Government. No City 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. 2. 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. 3. Accessibility. Every person should have the ability to transact City business with accessibility and convenience. The City Council, the City Administrator and all City employees shall provide reasonably convenient times for required inspections, for transacting business with the City, and for registration and voting. 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. As a general rule, written minutes of all meetings, including any advisory bodies, and the like, and the ordinance register shall be available for public inspection not later than 30 days after the conclusion of the meeting. 5. Right to be Heard. While maintaining orderly conduct of public business, any interested person has the opportunity to appear before the City Council or City board or department for the presentation, adjustment or determination of an issue, request, or controversy within the jurisdiction of the City. The City Council shall adopt agenda procedure and schedule hearings in a manner that will enhance the opportunity for public participation. Nothing herein shall prohibit the City from imposing reasonable time limits and procedures for the presentation of a matter and to ensure orderly meetings and proper decorum. 6. Right to Notice. Persons entitled by law, ordinance or resolution to notice of a City hearing shall be timely informed as to the time, place and nature ofthe hearing and the legal authority pursuant to which the hearing is to be held. 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. 7. Administrators' and Attorneys' Reports. The City Administrator and City Attorney shall periodically make a public status report on all major matters pending or concluded within their respective areas of concern. 8. Budgeting. In addition to any budget required by state statute, the City Administrator at the direction of the Mayor shall prepare a budget showing the cost of each department for each budget year. Prior to the City Council's first public hearing on the proposed budget required by state law, the City Administrator shall mal<e public a budget summary setting forth the proposed cost of each individual department and reflecting the personnel for each department, the purposes therefore, and the amount of any contingency and carryover funds for each department. 9. Representation of City and Public. The Mayor shall endeavor to designate one or more individuals, if and when resources are available, to represent the City at all proceedings before County, regional, State and Federal regulatory bodies when actions may, significantly affect the City and its residents. 10. 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. Nothing herein is intended to create any legally enforceable rights or causes of action in a court of law. The City Council, the City Administrator and the City staff shall, to the extent reasonable, carry out these responsibilities and strive to achieve them whenever possible and when provided by law. DRAFT 06/03/2021 Table of contents [TBD] CITY OF OKEECHOBEE CHARTER We, the people of the City of Okeechobee (the City), in order to preserve and protect our hometown way of life, to secure the benefits and responsibilities of home rule, and to provide a municipal government which serves the needs of our community and our citizens, do hereby adopt this Charter. ARTICLE 1. - CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS § C-1.1. - Corporate Existence. A municipal corporation known as City of OI<eechobee (the "City") is hereby created pursuant to the Constitution of the State of Florida (the "State") and the Home Rule Charter of the City. § C-1.2. - Form of Government. The City shall have a"Mayor-City Council-Administrator" form of government. § C-1.3. - Corporate Boundary. The corporate boundary of the City shall be as follows: THAT A MUNICIPALITY to be called the City of Okeechobee is hereby established in the County of Okeechobee, the territorial boundaries of which shall be as follows: Beginning at the Northeast corner of the Northwest quarter of the Northeast quarter of Section 15 in Township 37 South, Range 35 East, and then run South to the Southeast corner of the Southwest quarter of the Southeast quarter of Section 22, Township 37 South, Range 35 East, then run West along the section line dividing Sections 22 and 27 and 21 and 28, to the Southwest corner of Section 21, Township 37 South, Range 35 East, then run North along the section line dividing Sections 20 and 21 and 16 and 17 to the Northwest corner of Section 16 in Township 37 South, Range 35 East, then run East along section line dividing Section 9 and 16 and 10 and 15 to Point of Beginning; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Beginning at the Northeast corner of the Northeast quarter of Section 28 Township 37 South of Range 35 East and then run South to the Southeast corner of the Northeast quarter of Section 28, Township 37 South of Range 35 East, then run West to the Southwest corner of the Northeast quarter of Section 28 Township 37 South of Range 35 East and then run North to the Northwest corner of the Northeast quarter of Section 28, Township 37 South of Range 3S East, and then run East to Point of Beginning; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Beginning at the Southeast corner of Section 9. Township 37 South, Range 35 East and bear North along the East line of said Section 9 a distance of 325.12 feet to the South boundary of that property described in Official Records Book 207, Page 177, Public Records of Okeechobee County, Florida; thence bear South 89�59'S3" West along the South boundary of said property described in Official Records Book 207, Page 177, a distance of 351.67 feet to a point on the East right-of-way line of State Road 15 (a/k/a Parrott Avenue); thence bear South 00°00'07" West along said right-of-way line a distance of 301.12 feet; thence bear North 89°52'43" East along said road right- of-way line a distance of 20.00 feet; thence bear South 00�00'07" East along said road right-of-way line a distance of 24.69 feet to a point on the South line of said Section 9; thence bear North 89°52'43" East along the South line of said Section 9 a distance of 331.66 feet to the Point of Beginning. ALSO: Beginning at the Southwest corner of Section 10, Township 37 South, Range 35 East and bear North along the West line of said Section 10 a distance of 325.12 feet to a point on the South boundary of that property described in Official Records Book 207, Page 177; thence bear North 89°59'S3" East a distance of 448.33 feet along the South boundary of said property described in Official Records Book 207, Page 177; thence bear South 00°00'07" East along the extension of the East boundary of said property described in Official Records of Book 207, Page 177, a distance of 321.60 feet to a point on the South line of said Section 10; thence bear South 89°32'S4" West a distance of 448.36 feet to the Point of Beginning. All lying and being in Sections 9 and 10, Township 37 South, Range 35 East; adopted on June 6, 1983 by Ordinance No. 486 recorded in OR Book 284 Pages 372-373, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lot 6 and the South half of Lot 5 of Block 44; Lots 14 through 16, inclusive of Block 45; Lots 11 through 16, inclusive of Block 52; Lots 1 through 6, inclusive of Block 53; Lots 1 through 6, inclusive of Block 68; Lots 11 through 16, inclusive of Block 69; Lots 11 through 16, inclusive of Block 76 and Lots 1 through 6, inclusive of Block 77 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21, Official Records of Okeechobee County; adopted on August 1, 1983 by Ordinance No. 489 recorded in OR Book 256 Page 991, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 17 through 26, inclusive of Block 52 and Lots 1 through 10, inclusive of Block 69 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on December 10, 1984 by Ordinance No. 526 recorded in OR Book 275 Page 1231, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 1 through 6, inclusive and 8 through 10, inclusive of Block 76; Lots 17 through 26, inclusive of Block 69 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on November 19, 1985 by Ordinance No. 563 recorded in OR Book 280 Page 921, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 1 through 10, inclusive of Block 52; and Lots 17 through 26, inclusive of Block 45 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on December 2, 1986 by Ordinance No. 583 recorded in OR Book 283 Page 790, Public Records of OI<eechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Parcel "C": South one-half of Southwest one-quarter of Northwest one-quarter of Northwest one-quarter. Lying in Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida; adopted on January 20, 1987 by Ordinance No. 587 recorded in OR Book 284 Page 374, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lot 7 of Block 76 located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on September 5, 1989 by Ordinance No. 613 recorded in OR Book 307 Pages 220-221, Public Records of OI<eechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: PARCEL I The Northwest one-quarter of the Northwest one-quarter of the Northeast one-quarter; together with the Northeast one-quarter of the Northwest one-quarter lying North and East of Taylor Creek; also the West 176 feet of the Northeast one-quarter of the Northwest one-quarter of the Northeast one-quarter, less Plat of the 2nd Addition of Okeechobee Estates, also less and except the following described parcel: Beginning at the Southeast corner of Lot No. 14, Okeechobee Estates, according to replat of Lots 1 to 14 of Okeechobee Estates, as recorded in Plat Book 3, Page 55, Public Records of Okeechobee County, Florida, thence run South 00°22'24" East for a distance of 55 feet, thence North 89°37'36" West a distance of 55 feet more or less to Taylor Creek, thence Northwesterly along the boundaries of Taylor Creek to a point of an extended line parallel to the South line of herein described tract then South 89°37'36" East for a distance of 100 feet, more or less, to Point of Beginning. All being in Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida. Parcel V Northeast quarter of Northeast quarter; East half of Northwest quarter of Northeast quarter less and except the West 176.00 feet of the Northeast quarter of the Northwest quarter of the Northeast quarter all being in Section 27, Township 37 South, Range 35 East; adopted on October 3, 1989 by Ordinance No. 616 recorded in OR Book 307 Pages 1405-1406. Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: PARCEL VI That part of the Southwest quarter of Northwest quarter of Northeast quarter lying North and East of Taylor Creek; that part of the South half of Northeast quarter lying North and East of Taylor Creek; that part of the North half of Southeast quarter lying North of Taylor Creek, all being in Section 27, Township 37 South, Range 35 East; adopted on January 2, 1990 by Ordinance No. 622 recorded in OR Boof< 310 Page 480, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: All that certain piece, parcel or tract of land situate, lying and being in Sections 27 and 28, Township 37 South, Range 35 East, Okeechobee County, Florida, as shown on the original Government Land Office (G.L.O.) Township Plat and as approved by the Surveyor General on September 29, 1903. All of which is more particularly bounded and described as follows, to-wit: Commencing for reference at a found S/8 " iron rod with cap (stamped "PLS 3372") at the East quarter Section corner of said Section 28, Township 37 South, Range 35 East; Thence, bearing South 89°30'OS" West along the South line of the Northeast quarter of Section 28, Township 37 South, Range 35 East, a distance of 297.04 feet to set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179) and the point and place of beginning of the herein described parcel; Thence, continuing along same, bearing South 89°30'05" West a distance of 62.29 feet to a set P.K. nail and disk (stamped Ib 6221) on the East right-of-way line of U.S. 441, (a/k/a State Road 15 and Parrott Avenue, 100 feet wide right-of-way; Thence, leaving the South line of the Northeast quarter of Section 28, bearing North 00°10'23" West along said East right-of-way line of U.S. 441, a distance of 242.00 feet to the South line of Block 51 First Addition to South Olceechobee, as recorded in Plat Book 1, Page 17, Okeechobee County, Florida; Thence, leaving the East right-of-way line of U.S. 441, bearing North 89°30'05" East along said South line of Block 51, a distance of 359.56 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179) on the East line of said Sectiori 28; Thence, leaving the South line of Block 51, bearing North 00°07'12" West along said East line of Section 28 and along the East line of said Block 51, a distance of 295.93 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, leaving the East line of Section 28 and the East line of Block 51, bearing North 89°18'40" East a distance of 483.36 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing North 00°10'23" West a distance of 121.82 feet, to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing North 89'18'40" East along the North line of South half of the Southwest quarter of the Northwest quarter of said Section 27 a distance of 528.47 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 00`10'23" East along a line 1421.61 feet East of and parallel with the centerline of the aforesaid U.S. 441, a distance of 730.00 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 89'18'40" West a distance of 285.41 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 18°29'43" East a distance of 234.56 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 00°10'23" East a distance of 173.72 feet to a set 4" x 4" concrete monument with aluminum alloy cap (stamped M.F. Lenz Co. LB 6221); Thence, bearing South 89°18'28" West along the North line of lands of City Markets Building, Inc. as recorded in Official Records Book (O.R.B.) 205, Page 285 and Official Records Bool< 201, Page 73, a distance of 1021.76 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179), at the Southeast corner of those lands of Louis R. Demicco as recorded in Official Records Book 200, Page 893 Public Records of Olceechobee County, Florida; Thence, leaving the North line of lands of City Markets Building, Inc., bearing North 00°07'12" West along the Easterly line of those lands of Louis R. Demicco, a distance of 424.40 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, continuing along the lands of Louis R. Demicco, bearing South 89°30'05" West a distance of 35.00 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, continuing along the lands of Louis R. Demicco, bearing North 43°44'23" West a distance of 59.98 feet to the point and place of beginning; The above described premises contain an area of 1,182,298.90 square feet or 27.14 acres. Subject to all Easements, Conditions and Restrictions as contained within the Chain of Title; adopted on March 17, 1998 by Ordinance No. 710 recorded in OR Book 403 Pages 1627-1631, Public Records of OI<eechobee County, Florida. CONSISTING OF APPROXIMATELY 2651.649 ACRES, MORE OR LESS. (TOTAL AREA IN ACREAGE OF THE CITY OF OKEECHOBEE AS HEREIN DESCRIBED AS OF THE DATE OF THE LAST ANNEXATION ON MARCH 17, 1998 SET OUT ABOVE). § C-1.4. - Powers. The City shall have and may exercise all available governmental, corporate and proprietary powers, allowable under law and the Constitution. 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 of Florida, as fully and completely as though they were specifically enumerated and incorporated in this Charter. § C-1.5 Construction. This Charter and the powers of the City shall be construed liberally in favor of the City and its authority to conduct municipal business. DRAFT �6/03/2021 ARTICLE 2 ARTICLE 2. - CITY COUNCIL; MAYOR § C-2.1. - City Council. There shall be a City Council (or the Council). Except as otherwise prescribed herein provided by law, all legislative and police powers of the City shall be vested in the Council, including but not limited to the setting of policy, approval of budget, determination of tax rates, hiring and firing of the charter officers, police chief, City Attorney, City Administrator, and the development of community land use policies and regulations. The Council may create and appoint committees including any advisory bodies. The Council shall consist of four (4) members ("Council Members") in addition to the Mayor. References in this Charter to the City Council or Council shall include the Mayor unless the context dictates otherwise. Special meetings may be held at the call of the Mayor or a majority of the Council. Emergency matters may be acted upon without notice when authorized by a majority vote of the entire Council. Unless otherwise specified, all other action of the Council shall be by affirmative vote of the majority of a quorum present. The Council shall establish rules and order of business. A majority of the Council shall constitute a quorum. Meetings. The Council shall meet regularly at such times and places as the Council may prescribe. The Council shall hold at least 11 regular monthly meetings in each calendar year, at such times and places as the Council shall set by resolution. Special meetings may be held on the call of the Mayor or upon the call of three members of the Council upon no less than 24 hours' notice to each Member and the public, or such shorter time as four Council Members shall deem necessary in case of an emergency affecting the public health, safety, welfare or the public peace. § C-2.2. - Mayor and Vice Mayor. (a) Powers of the Mayor. The Mayor shall be recognized as head of City Government for all ceremonial purposes and for purposes of 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. The Mayor shall preside at meetings of the Council, be a voting member of the Council, and may create and appoint committees in consultation with the Council. In addition, the Mayor shall ensure Council meetings are conducted in an orderly and efficient manner in accordance with Roberts Rules of Order, as may be amended from time to time, and other pertinent procedures and policies. (b) In addition to the regular powers invested in any other Council member, the Mayor shall have the power to declare an emergency situation, and other related emergency declarations. (c) The Mayor shall have no other powers and duties beyond those conferred by this charter or by the Council in accordance with the provisions of this charter. (d) At the first Council meeting after the 30th day following the day of the general or run-off election of the Council, or in any calendar year in which there is no regular City election, at the first Council meeting in the month of November of such year, the Council shall elect one of its members as Mayor. DRAFT 06/03/2021 ARTICLE 2 (e) 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 Council meeting after the 30t'' day following the day of the general or run-off election of the City Council, or in any calendar year in which there is no regular City election, at the first Council meeting in the month of November of such year, the Council shall elect one of its members as Vice-Mayor. (� In the absence or disability of both the Mayor and Vice-Mayor, the Council designate one of their number to act temporarily in the capacity of the Mayor. § C-2.3. - Election and Term of Office. (a) Election and Term of Office. Each Council Member 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. § C-2.4. - Qualifications. Candidates for Council shall qualify for election by the filing of a written notice of candidacy with the City Clerk at such time and in such manner as may be prescribed by ordinance and payment to the City Clerk. By ordinance, the Council may establish In lieu of a fee option for candidates to qualify. Only electors of the City who have resided continuously in the City for at least one year preceding the date of such filing shall be eligible to hold the Office of Council Member. Candidates for Council 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 Office of Council member. The Council may establish additional specific residency requirements by Ordinance, § C-2.5. - Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a Council shall become vacant upon their 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 their office. (b) Forfeiture of Office. Forfeiture by disqualification. A Council Member shall forfeit their office if at any time during their term (1) they fail to maintain permanent residence in the City, or (2) otherwise ceases to be a qualified elector of the Council. ii) Forfeiture by absence. A Council Member shall be subject to forfeiture of their office, in the discretion of the remaining Council Members, if s/he is absent with good cause from any (6) regular meetings of the Council during any calendar year, or if s/he absent without good cause from any four (4), or three (3) as to the Mayor, consecutive regular meetings of the Council during the same calendar year. iii) Procedures. The Council shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of 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 Council. A Council Member whose qualifications are in question, DRAFT 06/03/2021 ARTICLE 2 or, who is otherwise subject to forfeiture of his/her office, shall not vote on any such matters. The Council Member 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, or other means deemed acceptable by resolution, in the City at least one week in advance of the hearing. Any final determination by the Council in this regard shall be made by resolution. All votes and other acts of the Council Member 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 Council 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 ofthe Mayor, the vacancy shall be filled by Council. ii) If the vacancy occurs on the Council, and no more than six (6) months remain in the unexpired term, the vacancy shall be filled by a nominee of the Council, within forty-five (45) days following the occurrence of the vacancy subject to confirmation of the Council. If more than twenty-four (24) months remains in the unexpired term of a Council Member, the vacancy shall be filled by a special election to he held not soonerthan forty- five (45) days or more than one hundred twenty (120) days following the occurrence of the vacancy, unless there is a City, County, State or national election scheduled to tal<e place not sooner than forty-five (45) days or more than one hundred twenty (120) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The vacancy occurring on the Council shall be filled by a Council Member within forty-five (45) days following the occurrence of the vacancy, subject to the confirmation of the Council. The nominee shall fill the vacancy until the special election or scheduled election. iv) Persons filling vacancies shall meet the qualifications specified in Section 2.4 of this Charter. Council may prescribe by ordinance addition requirements to qualify. iv) If no candidate for a vacancy meets the qualifications under this Article for that vacancy, the Council 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. v) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Council 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). vi) In the event that all members of the Council are removed by death, disability, recall, forfeiture of office and/or resignation, the Governorofthe State of Florida shall appoint D RAFT 06/03/2021 ARTICLE 2 interim Council Members who shali 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 Council Member 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. Council Members (including the Mayor) shall receive compensation on a monthly basis. Compensation, as established by Ordinance, shall be increased in accordance with the U.S. Consumer Price Index. Further, the Council Members shall receive reimbursement for business expenses in accordance with applicable law, or as may be otherwise provided by ordinance. § G2J. - Recall. The electors ofthe City shall have the powerto 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 ofthe 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 herein below. DRAFT 06/03/2021 ARTICLE 3 ARTICLE 3. - ADMINISTRATIVE § C-3.1. - City Administrator. There shall be a City Administrator (the "Administrator") who shall be nominated by any Council Member and confirmed at a duly noticed Council meeting by a majority of the Council. The Administrator shall be retained for an employment contract with specified conditions and terms, including but not limited to compensation and benefits, as set by the Council. The Administrator 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 Administrator shall be responsible to the Mayor and the Council for the administration of all City affairs, as outlined herein and in ordinances. The Administrator shall be responsible for the administration of all departments and divisions of the City government, and for carrying out policies adopted by the Council. (a) No Council Member shall be eligible for appointment as City Administrator during the term for which s/he has been elected and until two (2} years after its expiration. The Administrator need not be a resident of the City. (b) Removal. The Administrator may be suspended or removed from office upon the vote of the majority of the total membership of the Council, which shall set forth the reasons for suspension or removal. The Administrator shall continue to receive full compensation until the effective date of a final resolution of removal, unless otherwise determined by the Council. Notwithstanding anything herein, the Administrator may be removed from office with or without cause. Upon removal from office, the Council may appoint an Interim or Acting Administrator until such time as a permanent replacement is appointed by Council. § C-3.2. - Powers and Duties of the City Administrator. The Administrator shall: (1) Be responsible for management and oversight of all City departments, and offices therein, as specified by ordinance, except for the City Attorney, the Police Chief, police department staff, and City Clerk; (2) Direct and supervise the administration of all departments and offices, but not Council appointed committees, boards or agencies, unless as may directed by the Council from time to time; (3) Attend all Council 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, ordinances, and acts of the Council, subject to enforcement and/or administration by the Administrator, or by City personnel subject to his/her supervision, are faithfully executed; (5) Prepare and submit to the Council a proposed annual budget and capital improvement projects program; DRAFT 06/03/2021 ARTICLE 3 (6) Submit to the Council, and make available to the public, an annual report on the finances, budget and administrative activities of the City as of the end of each fiscal year, or as may otherwise be directed by the Council. (7) Prepare such other reports as the Council may require concerning the operations of City departments, offices, boards, and agencies; (8) Keep the Council fully advised as to the financial conditions and future needs ofthe City and mal<e such recommendations to the Council 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 Council or ordinance. § C-3.3. - Acting City Administrator. To perform his/her duties during his/her temporary absence, disability, the Administrator may designate by letter filed with the Council, a qualified City officer to exercise the powers and perform the duties of Administrator during his/her absence or disability. During such absence or disability, the Mayor, with the approval of the Council, may revoke such designation at any time and appoint another officer of the City to serve until the Administrator shall return, or when his/her disability shall cease. The Acting City Administrator may be paid or otherwise compensated at the discretion of the Council. § C-3.4. — Bond of City Administrator. The Administrator shall furnish a fidelity bond or such other insurance instrument of comparable protection to be approved by the Council, and in such amount as the Council 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 Clerk shall give notice of Council 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 Administrator's signatures, and shall perform such other duties as the Council may prescribe from time to time. The City Clerk shall be the official records custodian of the City for all purposes. The City Clerk may serve as the City Supervisor of Elections as may be determined by the Council. The City Clerk shall maintain a City Code of Ordinances and administrative policies and regulations. § C-3.6. - City Attorney. The Council shall nominate and confirm an individual attorney, or a law firm, to act as the City.Attorney under such contract terms and conditions as may be established by the Council, from time to time, consistent with this Charter. The City Attorney shall report to the Council and, after full consideration, may only be removed by a majority vote of the total membership of the Council. The City Attorney shall attend all Council meetings and have the right to tal<e part in discussion but not the right to vote, and shall DRAFT 06/03/2021 ARTICLE 3 perform such other duties as are specified in this Charter or as may be required by the Council. The City Attorney shall keep the Council fully advised as to the legal affairs as well as related future needs of the City, and make such recommendations to the Council concerning the affairs of the City as s/he deems to be in the best interest of the City. The City Attorney shall be the chief legal officer of the City and is responsible for providing or supervising all legal counsel to City boards, advisory committees and the like. § C-3.7. - City Code of Administrative Regulations. The City Clerk shall maintain a City Code of Ordinances and administrative policies and regulations. The Council shall, by ordinance, establish appropriate procedures of reasonable notice and public comment on proposed administrative policies or regulations affecting the general public prior to talcing final action on the same. § 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 Council shall establish or terminate advisory committees, boards and agencies, as it may deem advisable from time to time. The advisory committees, boards and agencies shall report directly to the Council; however the City Administrator or City Clerk, as appropriate, shall provide the administrative support to such Council-appointed committees, boards and agencies, as determined by the Council. § 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, as may be required by ordinance. The City Council shall have the power, in its sole and absolute discretion, to reject all bids and advertise again. Notwithstanding anything herein, in those circumstances, based on the written recommendation of the City Administrator or City Attorney, and determined by a majority vote of the Council, that expedited actions are needed for the protection of the public health, safety or welfare, or which are impracticable or otherwise not advantageous to the City to do so, contracts for purchases of supplies, materials or services may be awarded without competitive bids, or as may otherwise be authorized by law or executive order. (b) The Administrator, by ordinance, may be granted purchasing power without competitive bidding under specified dollar thresholds. (c) No contract or order shall be issued to any vendor unless or until the Finance Director or the Administrator 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. DRAFT 06/03/2021 ARTICLE 4 ARTICLE 4. - LEGISLATIVE § C-4.1. — Council Meeting Procedures. (a) Meetings. The Council shall hold at least ten (10) regular monthly meetings in each calendar year, at such times and places as the Council may prescribe. (b) Rules of Procedure and Order. The Mayor, with the advice and consent of the Council Members, shall determine rules of procedure and order of business for any and all public meetings, worlcshops, or other such proceedings. (c) Quorum and Voting. Voting on ordinances shall be by roll call on final reading and shall be recorded. All other matters shall be by voice vote unless a Council Member or the City Clerk requests otherwise. No ordinance, except as otherwise provided in the Charter, shall be valid or binding unless adopted by the affirmative votes of at least three (3) Council Members. Council Member participation, and/or establishment of a quorum, by "communications media technology" is acceptable if allowable under pertinent State law or emergency order of the Governor. § C-4.2. - Prohibitions. (a) Appointment and Removal. Neither the Council, nor any of its members, shall in any manner dictate the appointment or removal of any City officers or employees whom the Administrator or any of his/her subordinates are empowered to employ or appoint. (b) Interference with Administration. It is the intent of this Charter that recommendations for improvement in City government operations by individual Council Members be made to and through the City Administrator, or at duly noticed Council meetings. (c) Holding Other Office. In addition to that prescribed by law, no elected City official, with the exception of a duly elected City Clerk, shall hold any appointive City office or City employment while in office. No former elected City official shall hold any compensated City employment until at least one (1) year after the expiration of his/her term. § C-43. - Ordinances. (a) Actions Requiring an Ordinance. In addition to other acts required by law or by specific provision of this Charter to be affected or authorized by ordinance, those acts of the Council 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 or other penal measures; (3) Levy taxes or appropriate funds; DRAFT 06/03/2021 ARTICLE 4 (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) Convey or lease or authorize by administrative action the conveyance or lease of any lands of the City; or (8) Amend or repeal any ordinance previously adopted, except as otherwise provided in this Charter. (b) Procedure. The Council may 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 the public health, safety or welfare, or the public peace, the Council may adopt, in the manner provided in this Section, one or more emergency ordinances, but such ordinances may not: levytaxes, grant, renew orextend 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 it is introduced and shall be enacted by no less than three members of the Council. 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 (615t} 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 Council may mal<e emergency appropriations in the manner provided in this Section. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may by such emergency ordinance authorize the issuance D RAFT 06/03/2021 ARTICLE 4 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. § C-4.5. - Annual Budget Adoption. (a) Balanced Budget. Each annual budget adopted by the Council shall be a balanced budget. (b) Budget Adoption. The Council shall by ordinance adopt the annual budget on or before the thirtieth (30t'') day of September of each year. If it fails to adopt the annual budget by this date, the Council 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 al) items in it prorated accordingly, until such time as the Council 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 or Budget Amendments during the Fiscal Year. (a) Supplemental Appropriations or budget amendments. If, during any fiscal year, revenues in excess of those estimated in the annual budget are available for appropriation, the City Council may mal<e 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 Administrator that the revenues available will be insufficient to meet the amount appropriated, he/she shall report in writing to the City Council without delay, indicating the estimated amount of the deficit, and his/her recommendations as to the remedial action to be taken, The City Council 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 Council. In addition, when Charter amendments have been approved by the electors, the Mayor and the Clerk shall authenticate by their signatures the Charter DRAFT 06/03/2021 ARTICLE 4 amendment, such authentication to reflect the approval of the Charter amendment by the electorate. Ordinances must be approved as to legal form by the City Attorney. (b) Recording. The Clerk shall keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions passed bythe Council. Ordinances shall, at the direction ofthe Council, be periodically codified. The clerk shall also maintain the City Charter in current form and shall enter all Charter amendments. (c) Record Availability. The Council shall establish procedures for mal<ing all resolutions, ordinances, policies, or Codes adopted by reference, and this Charter, accessible to the people of the City on the City's website and other electronic means deemed appropriate, and shall otherwise be available for public inspection, or for purchase at a reasonable price. § C-4.9. - Annual Tax Levy. 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 Council 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. 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 for a period of five (5) consecutive years, the Council shall review, either through the appointment of a citizen's committee, an individual, or other certified public accountant or firm of such accounts, the adequacy of the auditors' performance. DRAFT 06/03/2021 ARTICLE 5 ELECTIONS 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 Council/City Clerk positions shall be conducted on a non-partisan basis and no ballot shall show the party designation of any candidate in accordance with the applicable provisions of the State of Florida Elections Code as codified in Florida Statutes, as may be amended from time to time. (c) Election Dates. The City's general election shall be held in even-numbered years on the first Tuesday after the first Monday in November. In the event an election date falls on a religious holiday, the Council may, by ordinance, change the dates for qualifying and for the election. The terms of the sitting officials shall be extended 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 each of the City Council/City Clerk positions which are to be filled as a result of members' terms expiring. The Candidates running for office with the highest number of votes shall be duly elected. (e) Run-off Election. The procedure and process set forth in the State of Florida Elections Code, as codified in Florida Statutes, and as may be amended from time to time, concerning a runoff election shall apply. (f) Special Elections. Special elections, when required, shall be scheduled by the Council at such times and in such manner as shall be consistent with this Charter, in accordance with the State of Florida Elections Code as codified in Florida Statutes, as may be amended from time to time. (g) Single Candidates for City Clerk or City Council. No election for the City Clerk seat, or any one Council seat, shall be required in any election if there is only one duly qualified candidate. That candidate shall be considered elected automatically in accordance with any pertinent process and timetable in law or Charter. (h) Vote by Mail. Vote by Mail 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. (i) Commencement of Terms. The term of office of any elected official will commence on the first duly noticed Council meeting in January following the General Election and continue until his/her successor is qualified and elected for a period of four (4) years. . (j) Chief Elections Officer. The City Clerl< is hereby designated as the chief elections ofFicer of the City and shall see that all city elections are conducted in a proper and legal manner. Subject to the approval of the City council, the City Clerk may delegate any or all the responsibilities for administering elections to the Okeechobee County Supervisor of Elections. DRAFT 06/03/2021 ARTICLE 5 ELECTIONS (k) Straw ballot. City Council may, by ordinance, call a special election with a purpose of having the electors of the City vote on an issue in a nonbinding referendum. The ordinance shall call the election, set the date therefor, and prescribe the ballot language. The City Clerl< shall cause a notice of election to be published in accordance with state law. The election may be held in conjunction with a regularly scheduled city election or at such other time as provided by Council. (I) Applicable Law. To the extent not addressed herein or not inconsistent with the provisions herein, the State of Florida Elections Code, as codified in Florida Statutes, as may be amended from time to time, shall apply to Article 5 of the City Charter. § C-5.2. — Initiative and Referendum. The electors of the City shall have the power to propose to the Council the passage or repeal of ordinances and to vote on the question if the Council refuses action. Such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. (a) The person proposing to exercise this power shall submit the proposal to the Council which shall approve as to form a petition for circulation in one or several copies as the proposer may desire. (b) The person or persons circulating the petition shall within sixty (60) days of approval of the form of the petition, obtain the valid signatures of voters in the city in numbers at least equal to twenty (20) percent of the registered voters in the City on the day on which the petition is approved, according to the official records of the Olceechobee County Elections Supervisor. Each person signing a petition shall place thereon, after their name, the date, and their place of residence. Each person circulating a copy of the petition shall attach to it a sworn affidavit stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition. (c) The signed petitions shall be filed with the City Clerk who shall immediately forward them to the Okeechobee County Elections Supervisor to determine the sufficiency of the signatures. The petitions shall be accompanied by a cashier's check payable to the Olceechobee County Elections Supervisor in an amount sufficient to pay for a canvass of the petitions in accordance with the applicable Florida Statutes and rules and regulations of the Division of Elections of the State of Florida. If the number of signatures is insufficient or the petition is deficient as to form or compliance with this section, the City Clerl< shall notify the person filing the petition that the petition is insufficient and that it has failed. (d) The Council shall within sixty (60) days after a sufficient petition is presented either: (1) Adopt the ordinance as submitted in an initiatory petition or repeal the ordinance referred to by a referendary petition, or (2) Submit the proposal to the electors of the City in impartial and concise language and in such manner as will provide a clear understanding of the proposal. (e) If the Council determines to submit the proposal to the electors, the election shall be held on the next scheduled City election. The result shall be determined by a majority vote of the electors voting on the proposal. (f) An ordinance proposed by initiatory petition or the repeal of an ordinance by referendary petition shall be effective no later than thirty (30) days after the election, except that: (1) Rights accumulated under an DRAFT 06/03/2021 ARTICLE 5 ELECTIONS ordinance between the time a certified referendary petition against the ordinance is presented to the Council and the repeal ofthe ordinance by the voters, shall not be enforced against the City, and (2) Should two or more ordinances having conflicting provisions, be adopted at the same election, the one receiving the highest number of votes shall prevail as to those provisions. (g) An ordinance adopted by the electorate through initiatory proceedings shall not be amended or repealed by the Council for a period of no less than one (1) year after the election at which it was adopted, but thereafter it may be amended or repealed like any other ordinance. DRAFT 06�03/2021 ARTICLE 6 CHARTER AMENDMENTS 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 City Council 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 electors 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. (c) Submission to Electors. Upon certification of the sufficiency of the petition, the Council 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. - Charter Revision and Review Committee. At its first regular meeting in December of the tenth year after the adoption of this Charter, and thereafter every tenth (10) year commencing thereafter, the Council shall appoint a Charter Review Advisory Commission ("Charter Review Commission") consisting of no less than five (5) persons. Each City Council Member shall be entitled to appoint one Charter Revision Commission member but that appointee shall be ratified by a majority of the City Council. In addition, the Council may appoint by majority vote any additional members to the charter review commission which have submitted an application or letters of interest following public notice of such appointments. The Charter Review Commission shall commence its proceedings within forty-five (45) days after appointment by the Council. If the Charter Review Commission shall make recommendations to Council, and shall determine if a Charter revision is needed, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Council no later than one year after their appointment by the Council. Notwithstanding any other provision in this Charter, the Charter Review Commission shall select the Chairperson of the Charter Review Commission. DRAFT 06/03/2021 ARTICLE 7 GENERAL PROVISIONS 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. The Council, officials and employees of the City shall be subject to the standards of conduct for public officers and employees set by State law. In addition, the Council may, by ordinance, establish a Code of Ethics for Council, 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 Council Members shall have a financial interest, direct or indirect, in any contract, or 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. Therefore, no member of the Council who possesses such a financial interest shall vote on, or participate in the Council deliberations concerning, any such contract or sale. Any violation of this section with the I<nowledge of the person or entity contracting with the City may render the contract null and void. § C-73. - City Personnel System. All employments, appointments and promotions of City officers and employees shall be made pursuant to personnel policies and procedures to be established by the Administrator or City Clerk from time to time. § C-7.4. - 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-7.5. - 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) City Council Members. § C-7.6. - Precedence over Related Laws. In case of a conflict between the provisions of this Charter and the provisions of the Code of Ordinances to be adopted pursuant thereto, 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. § C-7.7. - Discrimination Policy. The City shall not adopt any measure or policy or otherwise discriminate against any person due to age, race, religion, color, national origin, physical or mental disability, creed, sexual preference or gender identification. § C-7.8. - Effect of This Charter. All laws and parts of laws relating to or affecting the City which are in full force and effect when this Charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this Charter but, insofar as the provisions of this Charter are the same in terms or in substance and effect as provisions of law which are in full force and effect when this Charter shall talce effect relating to or affecting the City, the provisions of this Charter are intended to be not a new enactment but a continuation ofsuch provisions of law, and this Chartershall be so construed and applied. Page 2 of 2 DRAFT 06/03/2021 ARTICLE 8 TRANSITION ARTICLE 8. - TRANSITION PROVISIONS § C-8.1. - Interim Adoption of Codes, Ordinances and Resolutions. Until otherwise modified or replaced by this Charter, or if inconsistent with the Articles herein, all ordinances and resolutions in effect on the date of adoption of this Charter shall, to the extent applicable and/or necessary to the City, remain in full force and effect as municipal ordinances and resolutions of the City, unless and until repealed or modified by the Council. City of Okeechobee CHARTER REVISION CERTIFICATION Section 6.1 (a) of the Charter of the City of Okeechobee provides that the City Council 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. Article 6 of the City Charter provides the manner in which Charter amendments shall be proposed. A Election was held on [INSERT DATE], and in accordance with the majority vote and official election results, the City Charter shall be amended in accordance with the terms of Ordinance No. XXXX-XXX. Ordinance No. XXXX - XXX was adopted on the results of the APPROVED AS TO FORM AND LEGAL SUFFICENCY: John J. Fumero, City Attorney 2021 accepting 2022 Special Election. Page 2 of 2