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2021-11-04 Joint Workshop with CCCITY OF OKEECHOBEE Office of the City Clerk, 55 SE 3rd Avenue, Okeechobee, FL 34974 Email Transmittal 863-763-3372 ext. 9814 To: Independent Newspapers, Inc. � Okeechobee News � Ad Dept. Attention: IegaladsC� newszap.com From: Lane Gamiotea, Igamiotea@cityofokeechobee.com Ad Type: Legal Publish On: 10/27 Proof of Affidavit(s): 1 Authorized By: �a�le a�ti0tea, �ate: �D 2� 202� Email Date/Time: Ad/Order# Amount $: Proofed By: Date to Finance: Draw#: PO# Check #: Mailed On: CITY OF OKEECHOBEE PUBLIC NOTICE CITY COUNCIL & CITIZENS CHARTER REVIEW ADVISORY COMMITTEE JOINT WORKSHOP & SPECIAL MEETING NOTICE IS HEREBY GIVEN: The City of Okeechobee's Citizens Charter Review Advisory Committee (CCRAC) will conduct a special meeting and a joint workshop with the City Council on November 4, 2021, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Room 200, Okeechobee, FL. The purpose of the joint workshop is for the two entities to review and discuss the recommended proposed changes to the City Charter. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting or may be viewed/downloaded prior to the meeting from the website https://www.cityofokeechobee.com/AgendaMlnutes-CityCouncil.html or https://www .cityofokeechobee.com/charter-review. html. BE ADVISED that should you intend to show any document, picture, video, or items to the CCRAC/Council 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/Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: Mayor powling R. Watford, Jr. CCRAC Vice Chair Myranda Whirls � � NE SMIEDIA INC. t�SE� �j j � � `�' F;�. �, i i`�' �� Nov. �I ��o�l ccRAC Mi� Rle Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Co�nty;`�Florida, that the attached copy of an advertisement being a � � � °�: �`4 �,: a � ": �B „ � in the matter of � `'d.�', �" b � _.� : � ,- �'�" t, �L : �y + y , . . ,:_.... . .- .. '��. , �, y ` . ' � : �� Y�.i ➢...;;��t�a . f��t..t1r �u 1��\.��t�� .�...,a.�. 94 Ad\_.I.y'u.u`>��.l�n�C�.a��_ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of � � `:' � .: �.;. � � �' i-:. � ��. � Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Olceechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 7 .- . . �., . ..� c•'' .;,�_ � �^� � r L. ,zit._. /' , ' C-- �� Katrina Elsken Muros Sworn to and subscribed before me by means of _-pliysical presence or _ online notarization, this � , x � AD � �_a� �dayof4 4 �;.,�_� k �,l_y -.�. Notary Public, State of Florida at Large ��`�.A�h. .�.. .. "�G.�,�..._�........, :. .f ...�Mt . ,`Yu� ":. .1�...� , t,^'. �. ;�: ^ t . .;_�l�;:�� — j� �. J'�Pl' i`-!f P�I��G �-'�l e;i : fV!`fCGl..n.,!Sc;�C;�{9,lif' i°0146 ��b Y' i i�.•n,,r: 1�� ) 9 �� : � .,,r I�.•�ti: ��t>. I` , 20 0 .iI : , c 17hru rl c r/ �'Ji �Jnu nni rs �� .. ��y �<.:_��-:_� . �. ,,, _.., _ s.; QTy pF pI�E(}IOBEE PUBLIC NOTiCE � QTYCOUNQL&QflZENSQiARfER . {tEVIEWADVL90RYCOMhIITTEE JOINT WORKSi1C/P & SPEQAL MEETING NOTI� LS HEREBY GIVEN tltat the Gry of Ok�l�i�'� C',�-'r5 ChatQr Review PdwvrY Carvni�e (�� wili mrducY a�I rr�eeU�9 and a joint wal�dwp wAh the C�' Caund on Novembel4, 2021, 6 PM, or as s�on U��fler as po�ble, a[ Cfi/ FIa6, 55 SE 3`d AVE, Roorn 2q0, Okec�ho6ez, FL- -The purpa2 oFihejoirrt world�bP s for tlie two entlties tn rcriew and dsins mz mmrnrr�ndm p�o� d�� ro u,e Gtv o,a� �r,ew�a� be a�a`� m at�rd ard be ha�rd on al mal�s. C.opi� of tlie a}.-^�d� at itie rt�n9 or ma�' b� `^�"�/da�rml�ad�] P� m U�e me�n9 fiixn tlie w�sle htl�://�+��okeed�ohee.mrtV��daMlnut��ity(�-ound.htrnl or htt�:l/w�nva.aqrofokeedpbee.mrN�har�rl2rie�+.hUnl. BE ADVLSED Uat houkJ yvu IrAErid to �av arry doai � arzPy i�i on tlie a iterr�s m the OOtAC/Counal m�ppoit or oppos�on agerda, a mRy of ihe doairnen4 P��, `^�0, or itr�n mi� be provded tr� the GY �ic fcx theGty� tem`ds ANY PER90N DEQD7NG TO APPFIU- arry de�son rr�ade tr�' the CQtAC/Caundl wAh i� m arty nr�� mrt- sidcred at th�s t*ieNrg will need m er�2 a �erbatlrn iemid of the pro�edn9 is rt�ade aM the iemid vdud� ihe h�linorN and evide�� upon wh� ihe appo-�l will be bam�J. In aan�d3r� wrth tlie M�� wdh D�blixs Pd. pe�sx�s wdh d�bi� needing spedal a�rnrtndation In partidpa� in th'6 proa,edig should mn1aR tlie CAY (7��ICs Off� in pe�snn or �11863-7fi39814, I-le�rvig ImWi2d: ��Y 7-1-1 no �r tlian fiwr b�ne5s d�ys P� In qo�ding. gy. Mayor Davfmg R Walfad, Jr. �U+C Vim Cha'rc Myranda Whels 5pq4240N 10/27/2021 ,'• _�-,...� a�/� :`. "�.' `� ,. J,a", ,�t`�y ��.� � ,�' r�� ' ,:�a� :�'�� lc.� � � ��..� �? � ��a � �+ � �`'`J) .�'" .. _✓ ! \�Y' :�'��: �; � � �� 1y.0�'O � Ch�� PUBLIC NOTICE ,.. ,� �� ° �� :�i ��►�� i:�ir��LL�� VIEW ADVISORY COMMITTEE JOI�� ' '��i.�� '��.�.-� ��+�� NOTICE IS HEREBY GIVEN: The City of Okeechobee's Citizens Charter Review Advisory Committee (CCRAC) will conduct a special meeting and joint workshop with the City Council on November 4, 2021, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Room 200, Okeechobee, FL. The purpose of the joint workshop is for the two entities to review and discuss the recommended proposed changes to the City Charter. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting or may be viewed/downloaded prior to the meeting from the website www.cityofokeechobee.com/AgendaMlnutes-CityCouncil.html or www.cityofokeechobee.com/charter-review. html. BE ADVISED that should you intend to show any document, picture, video, or items to the CCRAC/Council 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/Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the City Clerk's Office in person or call 863-763- 9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: Mayor powling R. Watford, Jr. CCRAC Vice Chair Myranda Whirls BB/FB/WEBSITE NOTICE: 10/27/21-JS Exhibit 1 11 /4/2021 . �.`�y.OF•OHiF�-�"� � ` y°miri ��° _ �_ _ � °�' a `�; '_ " �.(� - ?�-"_J 9�_15�+_� CITY OF OKEECHOBEE CITIZENS CHARTER REVIEW ADVISORY COMMITTEE Ju�Y 8, 2021 OFFICIAL MINUTES I. CALL TO ORDER Vice Chairperson Whirls 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 6:01 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, Jamie Gamiotea, Sandy Perry, Myranda Whirls and Hoot Worley. Ex-Officio Member Gary Ritter, City Attorney John Fumero (via Zoom), Executive Assistant Robin Brock and General Services Coordinator Patty Burnette were present as well. Members Wes Abney, Jeremy LaRue and Cary Pigman were absent. III. 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 Perry to dispense with the reading and approve the May 13, 2021, Regular Meeting minutes. Motion Carried Unanimously. V. NEW BUSINESS A. Vice Chairperson Whirls opened the floor for nominations for Chairperson. Member Worley nominated Myranda Whirls. The nomination was seconded by Member Perry together with a motion to close nominations. Motion Carried Unanimously. Discussion then turned to nominations for a Vice Chairperson. Interim Administrator Ritter commented per Attorney Fumero, a Vice Chairperson was not necessary. Motion by Member Worley, seconded by Member Bowen to dispense with the Vice Chairperson position. Motion Carried Unanimously. B. Members continued from the April 8, 2021, meeting, a discussion regarding whether the employees of the City Clerk's Office would fall under the City Clerk or the City Administrator. At the March 25, 2021, meeting it was the consensus of the Committee to have the position of the City Clerk remain as an elected position. City Clerk Lane Gamiotea presented information to the Committee regarding the position of City Clerk. She is working on creating a true job description which would explain all the different components, including personnel administrator and records custodian. She mentioned all the clerks before her have always hired their staff and supervised them. Even though she is elected by the citizens, she is still an employee of the city. ROUGH DRAFT CCRAC MitvuTEs, JULY 8, 2021, PAGE 1 OF 2 V. NEW BUSINESS ITEMS CONTINUED She further explained to run an office and have your staff technically not have to answer to you would create problems. Motion by Member Worley, seconded by Member Gamiotea to add and the City Clerk Office staff to C-3.2 (1) of the proposed City Charter. Motion Carried Unanimously. C. Members discussed in its entirety the Model City Charter which reflected all their suggestions to date. Before going through each Article, Member Gamiotea inquired about the charter officers which have not been discussed. Attorney Fumero commented the following officers are mentioned in the Charter, City Administrator, City Attorney, Police Chief and City Clerk. He further explained the persons holding those positions can be eliminated but not the actual positions. Administrator Ritter pointed out there is no definition for the Chief of Police position. Motion by Member Worley, seconded by Member Perry to add a new section under Article 3 for the Chief of Police position. Motion Carried Unanimously. Next each article was reviewed, and any changes will be noted with the motion. The following motions, and seconds were made to accept the draft copy of the Model City Charter for each section contained in it. Each Motion was Carried Unanimously. Citizens' Bill of Rights, motion by Member Bowen, seconded by Member Perry. Article 1, Boundary of the City, City Clerk Gamiotea will verify that the Nursing Home property that was annexed into the City Limits is included. Motion by Member Bowen, seconded by Member Worley. Article 2, motion by Member Worley, seconded by Member Perry to amend the third paragraph, Meetings, shall hold at least ten (10) regular monthly meetings. Article 3, motion by Member Worley, seconded by Member Perry to add City Clerk Office staff to C-3.2 (1) and add new section for the position of Police Chief. Article 4, motion by Member Worley, seconded by Member Bowen. Article 5, motion by Member Perry, seconded by Member Worley. Article 6, motion by Member Worley, seconded by Member Perry. Article 7, motion by Member Gamiotea, seconded by Member Perry. Article 8 and the Charter Revision Certification, motion by Member Gamiotea, seconded by Member Perry. D. Members discussed when and how to present the proposed charter to the City Council. Motion by Member Worley, seconded by Member Perry to have a joint workshop with the City Council. Motion Carried Unanimously. Members will submit their list of any typographical errors to Executive Assistant Brock. VI. ADJOURN MEETING Chairperson Whirls adjourned the meeting at 7:52 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 MirvuTEs, JULY 8, 2021, PAGE 2 OF 2 CITY OF OKEECHOBEE CITY COUNCIL AND CITIZENS CHARTER REVIEW ADVISORY COMMITTEE NOVEMBER 4, 2021 HANDWRITTEN MINUTES BY PATTY BURNETTE I. , CALL TO �RDER �'� `i'�` 1�� f �''�f`- called the joint workshop and special meeting of the City Council and Citizens Charter Review Advisory Committee (CCRAC) for the City of Okeechobee to order on Thursday, November 4, 2021, at 6: o'-� P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. , rr6v�r�-��y-t�-�Rr�d-g�fi-�1t�giaT,ce:_ II. ATTENDANCE -�ie� Chairperson Myranda Whirls Member Wes Abney Member Suzanne Bowen Member Jamie Gamiotea Member Jeremy LaRue � ; �,:' � � �,F� � ' °: Member 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 Mayor powling R. Watford, Jr. Council Member Noel Chandler Council Member Monica Clark Council Member Bob Jarriel Council Member Bobby Keefe City Clerk Lane Gamiotea III. AGENDA AND PUBLIC COMMENTS PRESENT ABSENT ✓ � � � � �- ✓ � � ✓ � � ✓ � `1��! Q(.t Ui;.��'�, m f' < k;,-::=�: , �(��t�.�;,c.�f�� L%%N� � ,1 ..�..�r4; .<! F. t " �' � Y � A. Motion by e��-� �� G , seconded by �.r�!r' t F"� to adopt the agenda as presented. �;,,- ��,'� �4ce Chairperson Whirls `�� , Members Abney '� , B �, Gamiotea �� ,� " LaRue�._, Perry , Pigman ►�` , Worley �. Motion Carrie Denied. o'w' IV. 0�-�"� B. There were no comment cards submitted or p� ic participation for any issues not on r; �e) '� � i��'l� e� . the agenda. t��___ 4 � �� ,�,_F,F��.,�� f�,i�� i NEW BUSINESS , A. Motion by �' �� , seconded by �� ►'�4'"`� to dispense with the reading and approve the July 8, 2021, minutes. � c�,i- 'U4ee- Chairperson Whirls a�'� , Members Abney �, Bowen ✓, Gamiotea �'b`�', LaRue . , Perry ✓, Pigman �/ , Worley��. Motion Carried/Denied. r,; . V. RECESS SPECIAL MEETING AND OPEN JOINT WORKSHOP �x�;�j� A. Discuss the proposed City Charter. %(o�� rF�� a��.� ,�,a� � � :� ��,: , .(��,' �� ,,��.� � � t ,[�/� — f'l.fl.� �.f�CiS,1�� 4,�t'�� C�C�-�'%�� °a.� ��t�d�i' �i��5��i'l�-f.-t'1�� Q� iil� �i(JS INtCE.f� �UI/1�5 John � mnd� Cr�x ,, n��a�c� ' `� . �•-� _ , , o�c��s�, . �f� ��, ' � v p�,_-� �__ � � �� , '.�; sp(� f��.� �� C� �Q `' �' -f ��'h?�� — nc> �-��ai � b� �� E ns +�:.�1 � � �.. � �C� u'� �� Ya a�`�-�� '��- o. I E� ,.� ✓ ✓ P. Burnette Handwritten Minutes, November 4, 2021, Page 1 of 15 I,.,{ � aI / Prr �-e�1/ � �QC.S�Q af ��'��..�; � t'jP{`;C� �,i �`��f �"!s i �IVU��S�(?p� �fba;'� + ( � � �c?n � �3 rz� �r� ►��-p-c be cactcl�c�`- � �:� J Q d? Y�,P, t,./l� L?� �) � G — �.3 yF�a.##�.. ��'�.��e'�� t—�/�� J1[(A�� •p � � ., , �, i � ' �,� �Z, f `�arn� �a -�� Q�o,�►°rt�n-!� �lCJlx-Qf,» ! 1(L�A�Di_l /�� I�UCIi°�LP —' �'�? �'a:r�l ' .l �s �h�s f�n�,� ; -� ° t�l�'re� � �°�,.�,,. �h� �-2 ha.�1� �o�J ? 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(' ` �- ;�� C� '� , �? �� e��,<�c�f�. �" ` , .�l�C,��t� 4' ` C�C� ' �.e�' Y�t,.%'.--,;� f : � 5 a �►�f C.� C�� r �.�:' �� 'c�� as �v �e. � � s►��P ��a� ��::�,s � �"�� r� ..�-�nb� �'1 t �. � .°'� �=� 1�' ' � LG� I,J ��`k ��t T ��r . . � f �' t C' �2 '�' ilo �LC,c..n_� S�'!� ` � � f `.I.0 � � � }�✓�-r c t-e "1 — �l �h �, : C - -1. `� � �-c+ � ��- I ( `�� o �e�� :��'�. 1. C� r��,.�; ij �r� a l�t r�% C �� %` � 6�, �-'c �, � � � b � � ��, Iz� �� z-_,;�, J�hc� c.�ic� f-�cf� C�a�..'_ ; b�s�r�s�.s � � �..2.�' Vlc.''� ��' n'` ��a � ib�'�"� r '� � d'�' F"�S� � ; <, SU � � � � �t 3 lll�V � L.C�� T, ,�,-E�j � � ��f/�`_�1 � � % ..,,.'j.YC.C�... � 'k x...,. . j '�, `q_� .b �,, F„ ,�.� r,� tP � ��y Pc� �}U" " . . ah i'�`-�s-- � ..� ,f r r-- ��y � � �� 1 �,.� � � r " - � -t ' '� , �/',r'f -, � ,� �1� ; ,, �,�,, _ _ ,,�f :, �tc,� • �,�J ��,�;; ,, , (� �O 6�-? �-C ,.� ��/? 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Burnette Handwritten Minutes, November 4, 2021, Page 14 of 15 I-I ��U�� ADJOURN WORKSHOP AND RECONVENE SPECIAL MEETING �� VI. I-j •�`<-�� `;� adjourned the meeting at ��- ��` : P.M. P. Burnette Handwritten Minutes, November 4, 2021, Page 15 of 15 ' � ,� � rlc�.� �'�P �f 1 / �/ ' ' 1 L (y�l.e.�—r ✓? � Exhibit 2 11 /4/2021 DRAFT 09/23/2021 CITIZENS' BILL OF RIGHTS CITIZENS' BILL OF RIGHTS The City of 01<eechobee (the City) recognizes that Dernocracy is a form of government in which people's participation is of primary importance. Citizens must have a voice in decision-mal<ing. Decision-mal<ers 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' eill of Rights are established: 1. Truth in Government. No City official or employee shall I<nowingly furnish false information on any public matter, nor I<nowingly 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 Clerl<shall maintain and mal<e 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 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 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. 7. Administrators' and Attorneys' Reports. The City Administrator and City Attorney shall periodically mal<e 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 shal) 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. CITY OF OI<EECHOBEE CHARTER TABLE QF CONTENTS ARTICLE 1 §C-1.1. §C-1.2. §C-1.3. §C-1.4. §C-1.5. CorporateExistence ....................................................................................................... Formof Government ..................................................................................................... CorporateBoundary ...................................................................................................... Powers........................................................................................................................... Construction................................................................................................................. ARTICLE 2— CITY COUNCIL; MAYOR ........................................................................................................... §C-2,1. City Council .................................................................................................................... §C-2.2. Mayor and Vice Mayor ................................................................................................. _ §C-2.3, Election and Term of Office .......................................................................................... §C-2,4. Qualifications ................................................................................................................ §C-2,5, Vacancies; Forfeiture of Office; Filling of Vacancies ...................................................... §C-2.6. Compensation; Reimbursement for Expenses .............................................................. §C-2.7. Recall .............................................................................................................................. ARTICLE 3 — ADMINISTRATIVE §C-3,1, City Administrator .......................................................................................................... §C-3.2, Powers and Duties of the City Administrator ................................................................ §C-3.3. Acting City Administrator ............................................................................................... §C-3.4. Bond of City Administrator .......................................................................................... §C-3.5. City Clerk ........................................................................................................................ §C-3,6. City Attorney .................................................................................................................. §C-3,7. Police Chief .................................................................................................................... §C-3.8, City Code of Administrative Regulations ....................................................................... §C-3,9. Expenditure of City Funds .............................................................................................. §C-3.10. City Board and Agencies ................................................................................................ §C-3,11, Competitive Bid Requirements/Purchasing . ................................................................ ARTICLE 4 — LEGISLATIVE §C-4,1. Council Meeting Procedures .......................................................................................... §C-4.2. Prohibifiions .................................................................................................................... §C-4,3. Ordinances ..................................................................................................................... §C-4.4. Emergency Ordinances .................................................................................................. §C-4.5. Annual Budget Adoption ............................................................................................... §C-4.6. Fiscal Year ...................................................................................................................... §C-4,7. Appropriation Amendments or Budget Amendments during the Fiscal Year ..............._ §C-4,8. Authentication, Recording and Disposition of Ordinances; Resolutions andCharter Amendments ............................................................................................. §C-4.9. Annual Tax Levy ............................................................................................................. §C-4.10. Independent Audit ......................................................................................................... ARTICLE 5 — ELECTIONS §C-5.1, Elections ........................................................................................................................ §C-5.2. Initiative and Referendum ............................................................................................ ARTICLE 6 — CHARTER AMENDMENTS §C-6.1, Procedure to Amend ..................................................................................................... §C-6.2. Charter Revision and Review Committee ..................................................................... ARTICLE 7 —GENERAL PROVISIONS §C-7.1. Severability .................................................................................................................... §C-7.2, Conflicts of Interest; Ethical Standards ......................................................................... §C-7.3. City Personnel System ................................................................................................... §C-7.4. Variation of Pronouns .................................................................................................... §C-7.5, Charitable Contributions ............................................................................................... §C-7.6. Precedence over Related Laws ...................................................................................... §C-7.7 Discrimination of Policy ................................................................................................. §C-7.8. Effect of this Charter ..................................................................................................... ARTICLE 8 — TRANSITION PROVISIONS §C-8,1. Interim Adoption of Codes, Ordinances and Resolutions ............................................. , . DRAFT 09/23/2021 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 Olceechobee (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 OI<eechobee 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 Bool< 207, Page 177, Pubtic 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`59'53" East a distance of 448.33 feet along the South boundary of said property described in Official Records Bool< 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 (ying 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 OI<eechobee 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 Blocl< 68; Lots 11 through 16, inclusive of Block 69; Lots 11 through 16, inclusive of Block 76 and Lots 1 through 6, inclusive of Blocl< 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 BOUIVDARIES 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 Blocl< 69 all located in Conner's Highlands, as recorded in Plat Bool< 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 Blocl< 76; Lots 17 through 26, inclusive of Block 69 all located in Conner's Highlands, as recorded in Plat Bool< 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 80UNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 1 through 10, inclusive of 61ock 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 Okeechobee 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 Blocl< 76 located in Conner's Highlands, as recorded in Plat 8001< 1, Page 21 Official Records of Okeechobee County; adopted on September 5, 1989 by Ordinance No. 613 recorded in OR Boolc 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; togefiher 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, Fiorida, 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, OI<eechobee 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 Creel<; 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, OI<eechobee 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 . r South 89°30'05" West a distance of 62.29 feet to a set P.K. nail and disl< (stamped Ib 6221) on the East right-of-way line of U.S. 441, (a/I</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 OI<eechobee, as recorded in Plat Book 1, Page 17, OI<eechobee 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 Section 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 Blocic 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 Bool< (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 Bool< 200, Page 893 Public Records of OI<eechobee County, Florida; Thence, leaving the North line of lands of City Marl<ets 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 Bool< 403 Pages 1627-1631, Public Records of Okeechobee 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 09/23/2021 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, determinatian 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 ofthe Council shall be by affirmative vote ofthe 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 calendaryear, 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 ublic or \c;�, ��,,,. __ .. p , `��` s,uch shorter._time as four Council Me.mbers 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 ofthis charter. �(d A the first Council meeting after the 30th day following the day ofthe 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 09/23/2021 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 30�h 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 ofOffice, Each Council Memberand the Mayorshall be elected at-large forfour 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 Clerl< 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. i) 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 ��c� � the discretion of the remaining Council Members, if s/he is absent with good cause from _.__ ._.. _ _. �(i�>�' 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 09/23/2021 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 weel< 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'sposition becorr.��s� vaG_�nt, and no more than six (6) months remain in the .____, unexpired term o�th+e 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 --------- __. _ _ y 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 Governor of the State of Florida shall appoint DRAFT 09/23/2021 ARTICLE 2 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. § 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. § C-2.7. - Recall. The electors of the City shall have the power to recall and to remove from ofFice any elected official of the City to the extent permitted by the Florida Constitution and the laws of the State of Florida. The minimum number of electors 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 09/23/2021 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 responsibfe 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 �� b� � which s/he has been elected and until two (2) years after its expiration. The Administrator need �,-+��@n not be a resident of the C�,,� (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 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 tal<e 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 O9/23/2021 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 Councii fully advised as to the financial conditions and future needs ofthe 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; (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 revol<e 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 Clerl<. 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 Clerl< 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 take part in discussion but not the right to vote, and shall perform such other duties as are specified in this Charter or as may be required by the Council. The City a DRAFT 09/23/2021 ARTICLE 3 Attorney shall I<eep 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. — Police Chief. The Police Chief shall oversee all Police Department operations. The Chief or one of his deputies 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 Clerl< 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 tal<ing 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. DRAFT 09/23/2021 ARTICLE 3 (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 09/23/2021 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, workshops, 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 Clerlc requests otherwise. No ordinance, except as otherwise provided in the Charter, shall be valid or binding unless adopted by the affirmative vofies 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. ��. ., �. �,"�� x�� t;`=" �, �,'� � § G4.3. - 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; (4) Grant, renew or extend a franchise; DRAFT 09/23/2021 ARTICLE 4 (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. . ,. / c�";� � �� , �,�,`, �k`A � ��,� � 0�' ` �. `. p�`;, ,s'� - S�, :� C � 5 \� `_ . ,,, (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 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 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 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 DRAFT 09/23/2021 ARTICLE 4 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 (30th) 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 ali 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 make supplemental appropriations for the fiscal year up to the amount of such excess. (b) Reduction of Appropriations. If, at any time during the fiscal year, it appears probable to the 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 tal<en, The City Council shall then talce 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 Clerl< shall authenticate by their signature afl 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 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 Clerlc shall keep properly indexed bool<s in which shall be recorded, in full, all ordinances and resolutions passed bythe Council, Ordinances shall, at the direction ofthe Council, DI�AFT 09/23/2021 ARTICLE 4 be periodically codified. The clerlc shall also maintain the City Charter in current form and shall enter all Charter amendments. (c) Record Availability. The Council shall establish procedures for malcing 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 mal<ing 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. DRAFT 09/23/2021 ARTICLE 5 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 ofthe 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 Glerl< 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 Clerl< may delegate any or all the responsibilities for administering e�ections to the OI<eechobee County Supervisor of Elections. DRAFT 09/23/2021 ART[CLE 5 (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 Clerlc shall cause a notice of election to be published in accordance with state law. The election may be held in conjunction with a regulariy 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, shail 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 OI<eechobee 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 checl< 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 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 09/23/2021 ARTICLE 5 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 09/23/2021 ARTICLE 6 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 Decemberofthe tenth year afterthe adoption ofthis 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 09/23/2021 ARTICLE 7 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; Ethicai 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. Withou in any way limiting the generality of the foregoing, no Council Members shall have a financial � landrortridhtsct� or indirect, in any contract, or sale, to the City, or to a contractor su I m the Cit of a PP Y g y ny �rr�` _�� g mterests in any land, material supplies, or services. Therefore, no member of the Council Ji�;'�� 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 knowledge of the person or entity contracting with the City may render the contract null and void. § C-7.3. - 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. � t�� r��: _ �,, � f; ��;• ,° :�;t � � § C-7,4. - Variation of Pronouns. � (d��j��_��i... . 'f�' 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. . r § 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 tal<e 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 tal<e 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 Charter shall be so construed and applied. DRAFT 09/23/2021 ARTICLE 8 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 OI<eechobee 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. Articte 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: 2021 accepting 2022 Speciai Election. John J. Fumero, City Attorney CALL TO ORDER ATTENDANCE CCRAC Members Myranda Whirls, Chair Wes Abney Suzanne Bowen Jamie Gamiotea Jeremy LaRue Sandy Perry Cary Pigman Hoot Worley CITY OF OKEECHOBEE 55 SE 3R� AveNue, OKEECHOBEE, FL 34974 CITY COUNCIL AND CITIZENS CHARTER REVIEW ADVISORY COMMITTEE JOINT WORKSHOP $ SPECIAL MEETING NOVEMBER 4, 2021 AT 6:00 PM OFFICIAL AGENDA Council Members Dowling Watford, Mayor Noel Chandler Monica Clark Bob Jarriel Bobby Keefe III. AGENDA AND PUBLIC COMMENTS A. Motion to adopt agenda. B. Public participation for items not on the agenda requires a comment form. � V. VI. NEW BUSINESS A. Motion to approve the July 8, 2021 Citizens Charter Review Advisory Committee Minutes (Exhibit 1). RECESS SPECIAL MEETING AND OPEN JOINT WORKSHOP A. Discuss the proposed City Charter (Exhibit 2). ADJOURN WORKSHOP AND RECONVENE SPECIAL MEETING ADJOURN SPECIAL MEETING PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council/CCRAC with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure 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 recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than finro business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video, or item to the Council 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. Exhibit 2 11 /4/2021 DRAFT 09/23/2021 CITIZENS' BILL �F RIGHTS CITIZENS' BILL OF RIGHTS The City of OI<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-mal<ing. Decision-mal<ers 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' eil! of Rights are established: 1. Truth in Government. No City official or employee shall Icnowingly furnish false information on any public matter, nor I<nowingly 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 lilce, 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. 7. Administrators' and Attorneys' Reports. The City Administrator and City Attorney shall periodically mal<e 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. CITY OF OICEECHOBEE CHARTER TABLE QF CONTENTS ARTICLE 1 §G1.1, §C-1,2, §C-1.3. §C-1,4. §C-1.5. Corporate Existence ....................................................................................................... Formof Government ..................................................................................................... CorporateBoundary .................................................................................................... _ Powers.......................................................................................................................... Construction.................................................................................................................. ARTICLE 2— CITY COUNCIL; MAYOR ........................................................................................................... §C-2.1. City Council .................................................................................................................... §C-2.2, Mayor and Vice Mayor ................................................................................................ _ §C-2.3, Election and Term of Office ........................................................................................... §C-2,4, Qualifications ................................................................................................................ §C-2.5. Vacancies; Forfeiture of Office; Filling of Vacancies ...................................................... §C-2.6. Compensation; Reimbursement for Expenses .............................................................. §C-2.7. Recall .............................................................................................................................. ARTICLE 3 — ADMINISTRATIVE §C-3.1, CityAdministrator .........................................................................................................._ §C-3,2. Powers and Duties of the City Administrator ................................................................ §C-3,3. Acting City Administrator ............................................................................................... §C-3.4. Bond of City Administrator ............................................................................................ §C-3.5. City Clerk ...................................................................................................................... §C-3.6. City Attorney .................................................................................................................. §C-3.7. Police Chief .................................................................................................................... §C-3.8, City Code of Administrative Regulations ....................................................................... §C-3.9, Expenditure of City Funds .............................................................................................. §C-3.10, City Board and Agencies .............................................................................................. §C-3.11, Competitive Bid Requirements/Purchasing ................................................................... ARTICLE 4 — LEGISLATIVE §C-4.1. Council Meeting Procedures .......................................................................................... §C-4.2. Prohibitions .................................................................................................................. §C-4.3. Ordinances ..................................................................................................................... §C-4,4. EmergencyOrdinances .................................................................................................. §C-4.5. Annual Budget Adoption ............................................................................................. §C-4.6. Fiscal Year ...................................................................................................................... §C-4.7. Appropriation Amendments or Budget Amendments during the Fiscal Year ..............._ §C-4.8. Authentication, Recording and Disposition of Ordinances; Resolutions andCharter Amendments ............................................................................................. §C-4.9. Annual Tax Levy ............................................................................................................. §C-4.10. Independent Audit ......................................................................................................... ARTICLE 5 — ELECTIONS §C-5.1. Elections ......................................................................................................................... §C-5.2. Initiative and Referendum ............................................................................................._ ARTICLE 6 — CHARTER AMENDMENTS §C-6.1, Procedure to Amend ...................................................................................................... §C-6.2, Charter Revision and Review Committee ......................................................................_ ARTICLE 7 —GENERAL PROVISIONS §C-7.1. Severability .................................................................................................................... §C-7.2. Conflicts of Interest; Ethical Standards ......................................................................... _ §C-7.3. City Personnel System ................................................................................................... §C-7.4. Variation of Pronouns .................................................................................................... §C-7.5, Charitable Contributions ................................................................................................ §C-7,6. Precedence over Related Laws .................................................................................... §C-7.7 Discrimination of Policy ............................................................................................... _ §C-7.8. Effect of this Charter ...................................................................................................... ARTICLE 8 — TRANSITION PROVISIONS §C-8,1. Interim Adoption of Codes, Ordinances and Resolutions ............................................. DRAFT 09/23/2021 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 adopfi this Charter. ARTICLE 1. - CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS § C-1.1. - Corporate Existence. A municipal corporation I<nown as City of Olceechobee (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 Counci!-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 OI<eechobee is hereby established in the County of Olceechobee, 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 Bool< 207, Page 177, Public Records of OI<eechobee 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 Bool< 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 89'32'54" 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 OI<eechobee 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 Blocl< 44; Lots 14 through 16, inclusive of Blocl< 45; Lots 11 through 16, inclusive of Blocl< 52; Lots 1 through 6, inclusive of Blocl< 53; lots 1 through 6, inclusive of Blocl< 68; Lots 11 through 16, inclusive of Block 69; Lots 11 through 16, inclusive of Blocic 76 and Lots 1 through 6, inclusive of Blocic 77 all located in Conner's Highlands, as recorded in Plat Boolc 1, Page 21, Official Records of OI<eechobee County; adopted on August 1, 1983 by Ordinance No. 489 recorded in OR Boolc 256 Page 991, Public Records of �I<eechobee 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 Blocl< 69 all located in Conner's Highlands, as recorded in Plat Bool< 1, Page 21 Official Records of OI<eechobee County; adopted on December 10, 1984 by Ordinance No. 526 recorded in OR Bool< 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 Blocl< 76; Lots 17 through 26, inclusive of Block 69 all located in Conner's Highlands, as recorded in Plat Boolc 1, Page 21 Official Records of Olceechobee County; adopted on November 19, 1985 by Ordinance No. 563 recorded in OR Boolc 280 Page 921, Public Records of OI<eechobee 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 Blocic 45 all located in Conner's Highlands, as recorded in Plat Bool< 1, Page 21 Official Records of OI<eechobee 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, OI<eechobee 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 Blocl< 76 located in Conner's Highlands, as recorded in Plat Bool< 1, Page 21 Official Records of Okeechobee County; adopted on September 5, 1989 by Ordinance No. 613 recorded in OR Boolc 307 Pages 220-221, Public Records of 01<eechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AfVD 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 OI<eechobee Estates, as recorded in Plat Bool< 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 Creelc, 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, OI<eechobee 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 Creelc; that part of the South half of Northeast quarter lying North and East of Taylor Creel<; that part of the North half of Southeast quarter lying North of Taylor Creel<, 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, OI<eechobee 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 disl< (stamped Ib 6221) on the East right-of-way line of U.S. 441, (a/Ic/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 Blocic 51 First Addition to South OI<eechobee, as recorded in Plat Book 1, Page 17, Olceechobee 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 Blocl< 51, a distance of 359.56 feet to a set 7/8 " iron rod with aluminum alioy cap (stamped ECD PLS 5179) on the East line of said Section 28; Thence, leaving the South line of Bloci< 51, bearing North 00°07'12" West along said East line of Section 28 and along the East line of said Blocl< 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 Blocic 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 ofSouth halfofthe 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/S " 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 Bool< (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 Bool< 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'OS" 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 ofTitle; adopted on March 17, 1998 by Ordinance No. 710 recorded in OR Bool< 403 Pages 1627-1631, Public Records of Okeechobee 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 09/23/2021 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 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 ofthe Mayoror 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 ofthe general or run-off election ofthe 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 09/23/2021 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 30�h 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 Memberand the Mayorshall be elected at-large forfour 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 Clerl< at such time and in such manner as may be prescribed by ordinance and payment to the City Clerl<. 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 09/23/2021 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 weel< 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 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, 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 sooner than 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 Governor of the State of Florida shall appoint DRAFT 09/23/2021 ARTICLE 2 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. § 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. § C-2.7. - Recall. The electors of the City shall have the power to recall and to remove from office any elected official of the City to the extent permitted by the Florida Constitution and the laws of the State of Florida. The minimum number of electors 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. DRQFT 09/23/2021 ARTICLE 3 ARTICLE 3. - ADMINISTRA7IVE § 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 and City Clerlc 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 ta!<e 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 09/23/2021 AI�TICLE 3 (6) Submit to the Council, and malce 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 of the 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 revolce 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 Clerlc. The Clerl< shall give notice of Council meetings to its members and the public, shall Iceep 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 Clerlc 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 Clerl< 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 perform such other duties as are specified in this Charter or as may be required by the Council. The City Dt�AFT 09l23/2021 ARTICLE 3 Attorney shall I<eep 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 lil<e. § C-3.7. — Police Chief. The Police Chief shalt oversee all Police Department operations. The Chief or one of his deputies 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 Clerl< 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 tal<ing 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, baards 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. DRAFT 09/23/2021 ARTICLE 3 (c) No contract or order shall be issued to any vendor unless or until the Finance Qirector 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 09/23/2021 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 Cowncil 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, worl<shops, 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 Clerlc 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-4.3. - 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; (4) Grant, renew or extend a franchise; DRAFT 09/23/2021 AR'1'ICLE 4 (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 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 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 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 DiaAFT 09/23/2021 ARTICLE 4 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 (30th) 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 all 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. 7he 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 ofthe deficit, and his/her recommendations as to the remedial action to be talcen, The City Council shall then talce 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 Clerl< 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 Clerlc shall authenticate by their signatures the Charter 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 Clerlc shall keep properly indexed bool<s in which shall be recorded, in full, all ordinances and resolutions passed by the Council. Ordinances shall, at the direction of the Council, DRAFT 09/23/2021 ARYICL.E 4 be periodically codified. The clerlc 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 malcing 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. DRAFT 09/23/2021 ARTICLE 5 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 Clerl< 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 Glerl< 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 Clerl< or City Council. No election for the City Clerl< 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 foflowing 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 Clerlc 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 Clerl< may delegate any or all the responsibilities for administering elections to the OI<eechobee County Supervisor of Elections. DRAFT 09/23/2021 ARTICLE 5 (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 Cleric 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 OI<eechobee 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 Clerl< 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 checic payable to the OI<eechobee 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: (1j Rights accumulated under an DRAFT 09/23/2021 ARTICLE 5 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 lilce any other ordinance. � DRAFT 09/23/2021 ARTICLE 6 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 ofthis 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 mal<e 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 09/23/2021 ARTICLE 7 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 knowledge of the person or entity contracting with the City may render the contract null and void, § C-7.3. - 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 Clerl< 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. J __'"'*�- � § 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 tal<e 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 tal<e 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. D�AFT 09/23/2021 ARTICLE 8 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 Okeechabee CHARTER REVISION CERTIFICATION Section 6.1 (a) of the Charter of the City of Olceechobee 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: 2021 accepting 2022 Special Election. John J. Fumero, City Attorney