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2021-11-16 Ex 09 Exhibit 9 11/16/2021 `ty.Of-o fF� CITY OF OKEECHOBEE Okeechobee City Council Mayor Dowling R. Watford, Jr. SS SE THIRD AVENUE Noel Chandler o OKEECHOBEE, FL 34974 Monica Clark _ Phone: (863)763-3372 Bob Jarriel - " 9 www.cityofokeechobee.com Bobby Keefe MEMORANDUM To: City Council From: John J. Fumero, City Attorney Subject: Forms of local government While the attached excerpts identified 4 potential forms of government, there are primarily only 3 forms of government that are in common usage today. Those 3 forms of government are outlined below, and addressed in more detail in the attached document. A municipal charter is the legal document that defines the organization, powers, functions, and essential procedures of the city government. The charter also details the form of government, of which there are 3 basic forms: council-manager, mayor-council, and commission, 1. Council-Manager Characteristics include: City council oversees the general administration, makes policy, sets budget Council appoints a professional city manager to carry out day-to-day administrative operations Often the mayor is chosen from among the council on a rotating basis This is the most common form of government. 2. Mayor-Council Characteristics include: Mayor is elected separately from the council, is often full-time and paid, with significant administrative and budgetary authority Depending on the municipal charter, the mayor could have weak or strong powers Council is elected and maintains legislative powers Some cities appoint a professional manager who maintains limited administrative authority This is the second most common form of government. It is found mostly(but not exclusively)in older, larger cities, or in very small cities. 3. Commission Characteristics include: Voters elect individual commissioners to a small governing board Each commissioner is responsible for one specific aspect, such as fire, police, public works, health, finance One commissioner is designated as chairman or mayor, who presides over meetings The commission has both legislative and executive functions The commission form of city government is the oldest form of government in the U.S., but exists today in less than 1% of cities. EXCERPTS TAKEN BY JOHN FUMERO FROM: The Florida Municipal Officials' Manual. A publication of the Florida League of Cities with the assistance of the Florida Institute of Government Basic Forms of Municipal Government America's cities,towns and villages are governed by a legislative body known as a city council (or city commission).This elected body has several responsibilities,which are specified in the charter. In Florida, each municipality has a charter;this document specifies the composition of the elected body and duties of appointed officials. The council is responsible for creating and enforcing the laws, called ordinances,of the city.The council also adopts and appropriates the city's funds through its budgetary responsibilities, and has fiduciary responsibilities as trustees of public funds. In addition,the council is expected to have a vision for the city's future,which may or may not be detailed in a strategic plan.Throughout the U.S.,cities adopt a form of government that sets their structures.The most common of these forms as found in Florida are specified below: COUNCIL-WEAK MAYOR FORM The original form of municipal government in America was the council-weak mayor form,which was near-universal in the nineteenth century. It is still widely used, particularly in small towns. In most weak-mayor systems,the office of mayor is simply rotated among the elected council members on an annual basis.The council retains collective control over administration, including appointment and dismissal of municipal employees and appointments to boards and commissions. Control of some functional areas (e.g., parks, library) may be delegated by charter or ordinance to semi- independent boards and commissions. In general,the mayor's authority is little, if any,greater than that of the other council members. Department heads—e.g.,the clerk, police chief, public works director—report to the council as a whole or to the mayor in his or her capacity as spokesman for the council. Sometimes the municipal clerk functions as a de facto chief administrator. COUNCIL-STRONG MAYOR FORM The council-strong mayor form gradually evolved from the council-weak mayor form. It provides for a distinct division of powers between the council and the mayor.The mayor actually is the chief executive,that is,the office of mayor has substantial influence in the policy-making process and substantial control over administration.The mayor holds important budgetary and appointing powers, along with the power to veto legislative actions of the council.Administrative authority is not shared with a number of independent boards and commissions.The mayor enjoys general power to appoint people to boards and commissions. Depending upon the city charter,the mayor may(or may not)vote with the legislative body. Some large cities with a strong mayor have established the position of chief administrative officer under the mayor to handle the day-to-day operations of the government,thus leaving the mayor free to concentrate on policy formulation and ceremonial tasks. In this way,administrative management by a hired assistant to the mayor may be combined with strong political and policy leadership by the mayor. COMMISSION FORM The commission form combines both executive and legislative powers in a governing board,the commission.There is no single chief executive; rather,the commissioners,who serve collectively as the policy-making body, also serve individually as heads of the principal departments. In the basic commission form,there is neither a mayor nor a city manager.Today, most commission-form cities do select or elect a mayor. Early advocates of the commission form hoped that the concentration of power in the hands of a few elected council members would make administration more effective and would enhance accountability to the public.The commission plan was first employed in Galveston,Texas, after a disastrous hurricane almost destroyed the city in 1900. It enjoyed widespread popularity for about two decades. Since 1920,however,its use has declined greatly. Although offering more integration of policy and administration than the council-weak mayor form, the commission form tends to provide inadequate coordination, insufficient internal control, and non-professional direction of administration. It should be noted that, in Florida, municipalities use the terms"council" and "commission"without reference to the distinction between the commission form and other forms of municipal government. Many Florida municipalities designate their legislative bodies as the"commission" but do not employ the commission form of government. One should not presume that a Florida municipality employs the commission form merely because its policy-making body is labeled "commission." COUNCIL-MANAGER FORM One of the key elements in 20th-century municipal reform has been the proposition that a strong and non-political executive office should be the administrative centerpiece of municipal government.This concept has been implemented in thousands of American cities in the 20th century by the adoption of the council-manager form of government.This form parallels the organization of the business corporation:voters (stockholders) elect the council (board of directors), including the mayor(chairman of the board),which, in turn,appoints the manager(chief administrative officer). Unlike the two council-mayor forms,where the emphasis is on political leadership,the prevailing norms in the council-manager form are administrative competence and efficiency. Under the council-manager form,the manager is the chief administrative officer of the city.The manager supervises and coordinates the departments, appoints and removes their directors, prepares the budget for the council's consideration, and makes reports and recommendations to the council.All department heads report to the manager.The manager is fully responsible for municipal administration. The mayor in a council-manager form is the ceremonial head of the municipality, presides over council meetings,and makes appointments to boards.The mayor may be an important political figure, but has little, if any, role in day-to-day municipal administration. In some council-manager cities,the office of mayor is filled by popular election; in others, by council appointment of a council member The council-manager plan,first used in 1908 in Staunton,Va., received nationwide attention six years later when Dayton,Ohio, became the first sizable city to adopt it.Thereafter, the plan's popularity enjoyed steady but not spectacular growth until after World War II.At that time, many municipalities were confronted with long lists of needed services and improvements that had backlogged since the Depression years of the 1930s. Faced with such challenges, many municipalities adopted the council-manager form.The plan has been especially attractive to small- and medium-sized localities. It is used in a majority of American municipalities with populations of 25,000 to 250,000. It has been strongly promoted since the 1920s by the National Civic League. The council-manager form is widely viewed as a way to take politics out of municipal administration. The manager himself is expected to abstain from any and all political involvement. At the same time, the council members and other"political" leaders are expected to refrain from intruding on the manager's role as chief executive.Of course,the manager,who is hired and fi red by the council, is subject to the authority of the council, but council members are expected to abstain from seeking to individually interfere in administrative matters, including actions in personnel matters. Some city charters provide that interference in administrative matters by an elected city official is grounds for removal of the elected official from office. MUNICIPAL-GOVERNMENT FORMS IN FLORIDA In Florida, a municipality is free to adopt any of the basic municipal-government forms identified above or any variation thereof. State law does not prescribe one or more permissible forms, nor does it prohibit any.The Florida Constitution requires only that"each municipal legislative body shall be elective" (Art. 8,Sec. 2 (b), Const.);state statutes require only that an acceptable proposed municipal charter is one which "prescribes the form of government and clearly defines the responsibility for legislative and executive functions." Many Florida cities have forms of government that combine elements of the four basic structures. These cities, having"hybrid"forms outlined in their charters, are difficult to categorize. More elements of the council-weak mayor form are identified in these hybrids, and carry-over elements of the commission form have also been found. The most common form of city government in Florida today is the council-manager form. A second common form,found in many smaller municipalities, is the council-weak mayor form. In Florida, in recent years, most changes of municipal-government form have been from some other form to the council-manager form.Approximately 270 Florida cities (out of more than 400) have a position of manager or a similar position,such as "administrator or manager." In all Florida cities, members of the council or commission are elected by the voters of the city.The mayor may be simply a member of the council,elected by the council to serve as mayor; may be a separate office (that is, not a member of the council)or elected by the people. Certain administrative positions are filled by elections in a few cities.These include the offices of clerk, police chief and fire chief. DRAFT 11/10/2021 CITIZENS' BILL OF RIGHTS CITIZENS' BILL OF RIGHTS The City of Okeechobee (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'Bill 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 of the 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. 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 Okeechobee (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"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 35 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*59'53" 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 OW00'07" East along said road right-of-way line 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 Okeechobee 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_27 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 Book 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 5/8 " 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°30'05" 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 lb 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 distance of 374.51 feet to a point on the West line of the Taylor Creek permanent easement as described in ORB 49, Page 223 of the Public Records of Okeechobee County, Florida; Thence run South 31240'29" West along said West line of the permanent easement, a distance of 289.01 feet to the beginning of a curve to the left in said West line, said curve being concave to the Southeast, having a radius of 410.00 feet and a central angle of 11232'39";Thence Southerly along the arc of said curve and continuing along said West line of the Taylor Creek permanent easement, a distance of 82.61 feet to the intersection with the aforesaid South line of Section 10;Thence departing said West line of the Taylor Creek easement, run South 89232'54" West along said South line of Section 10, a distance of 186.72 feet to the point of beginning and consisting of approximately 1.250 acres;Together with A parcel of land lying in Section 10,Township 37 South, Range 35 East,Okeechobee County, Florida being more particularly described as follows: Commence at the Southwest corner of said Section 10, thence proceed North 89232'54" East along the South line of said Section 10, also being the South line of that parcel of land described in Official Records Book(ORB)315, Page 746,of the Public Records of Okeechobee County,Florida,a distance of 448.36 feet to the Southeast corner of said lands described in ORB 315, Page 746; Thence departing said South line, run North 00°00' 07" West, a distance of 321.60 feet to the Northeast corner of said lands described in ORB 315, Page 746, also being the Southeast corner of lands described in ORB 219, Page 593 Northwest corner of said lands described in ORB 524, Page 180, all per the Public Records of Okeechobee County, Florida,also being the point of beginning of this description; Thence continue North 00°00'07" West, running along the East line of said lands described in ORB 219, Page 593,a distance of 280.17 feet; Thence departing said East line, run North 89259'53" East, perpendicular to the preceding course, a distance of 547.38 feet to a point on the West line of the Taylor Creek permanent easement as described in ORB 49, Page 223 of the Public Records of Okeechobee County, Florida; Thence run South 31°40'29"West,along said West line of the permanent easement,a distance of 329.21 feet to the Northeast corner of the aforesaid lands described in ORB 524, Page 180; Thence departing said West line of the Taylor Creek easement, run South 89259' 53" West, along the North line of said lands described in ORB 524,Page 180,a distance of 374.51 feet to the point of beginning and consisting of approximately 2.960 acres. CONSISTING OF APPROXIMATELY 2654.609 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 May 19, 2015 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. ARTICLE 2.-CITY COUNCIL;MAYOR §C-2.1. -City Council. There shall be a City Council (Council) in and for the City of Okeechobee (City). Except as otherwise prescribed herein provided by law,all legislative, Home Rule 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 (Member or 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 10 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 with no less than 24 hours' notice to each Member and the public. In a case wherein an emergency affecting the public health, safety, welfare or the public peace, a special meeting may be held on the call of the Mayor or upon the call of two members of Council with less than 24 hours' notice. §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) The term of office of any elected official will commence on first duly noticed Council meeting in January following the General Election and continue until their successor is qualified and elected for a period of four(4)years. (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 afterthe 301h day following the day of the general or run-off election of the City Council,or in any calendar 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 more than three (3) months remain in the unexpired term of the Mayor,the vacancy shall be filled by Council. ii) Filling of vacancies in elective offices; procedures. Should any vacancy occur at any time in any elective office of the City, whether by death, resignation, forfeiture, removal or otherwise, said elective office shall be promptly filled by the appointment of a person who qualifies for a City office, by a majority vote of the Council.Said appointee shall hold the office for that period of time remaining in the office to which s/he is appointed, and until s/he is then elected in a general election,or their successor in office is duly elected and qualified. Procedures to make appointment.Upon being notified of such vacancy,the Mayor or his designee, shall instruct the City Clerk to publish a notice of vacancy in a newspaper of general circulation,with directions and date to apply for the position.The City Clerk shall create an application packet, with a specified deadline,for qualified electors of the City, interested in being considered for appointment to the elected office and to compile same for distribution to the city council.The Council shall fill the vacancy, by majority vote, at a duly advertised Council meeting within 60 days of the notice being published. iii) Persons filling vacancies shall meet the qualifications specified in Section 2.4 of this Charter. The Council may prescribe by ordinance additional 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 Governor of the State of Florida shall appoint interim Council Members who shall call a special election within not less than 30 days or more than 60 days after such appointment. Such election shall be held in the same manner as the first elections under this Charter; provided, however, that if there are less than six months remaining in any of the unexpired terms, such interim 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. 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. (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 forthe City Attorney,the Police Chief,police department staff,and City Clerk and City Clerk office staff; (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; (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. §C-3.7.—Police Chief. The Council shall nominate and confirm an individual to serve as City Police Chief. The Police Chief shall oversee all Police Department operations.The Chief or one of his/her officers shall attend all City Council meetings and act as a sergeant at arms. The police department shall be responsible for promoting the public safety of all residents of the City through police protection. The department shall comply with all applicable federal,state, and local police safety standards and procedures, maintain all required licenses and certifications,and enforce all applicable federal,state and local laws and providing for the protection of all City residents. §C-3.8.—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 taking final action on the same. §C-3.9. -Expenditure of City Funds. No funds of the City shall be expended except pursuant to duly approved appropriations. §C-3.10.-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-3.11.-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 forthe supplies, materials,equipment or contractual services for which the contractor order is to be issued. (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:levy taxes,grant,renew or extend any municipal franchise;set service or user charges for any municipal services;or authorize the borrowing of money except as provided under the emergency appropriations provisions of this Charter if applicable. (a) Form. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. (b) Procedure.An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced and shall be enacted by no less than a quorum majority 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(615Y) 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 make emergency appropriations in the manner provided in this Section. To the extent that there are no available unappropriated revenues to meet such appropriations,the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes, including renewals thereof, shall be payable not later than the last day of the fiscal year next succeeding the fiscal year in which the emergency appropriation ordinance was originally adopted. All emergency appropriations shall be subject to the independent audit set forth in Section 4.10 below. 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 proprietary 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. election, set the date therefor, and prescribe the ballot language. The City Clerk 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. (1) 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 Okeechobee 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 Supervisorto determine the sufficiency of the signatures.The petitions shall be accompanied by a cashier's check payable to the Okeechobee 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 orthe petition is deficient as to form or compliance with this section,the City Clerk 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 ordinance between the time a certified referendary petition against the ordinance is presented to the Council and the repeal of the ordinance bythe voters,shall not be enforced against the City,and(2)Should 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, unless such amendments do not require a vote of the electors as prescribed by state law. (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 ninety(90)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 no more than one hundred and sixty(160) 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 afterthe 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 Council Member shall be entitled to appoint one Charter Revision Commission member but that appointee shall be ratified by a majority of the 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. §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.