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7235-03 '. ~ ORDINANCE NO. 7235-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS PROPOSED AMENDMENTS TO THE CITY CHARTER AMENDING SECTION 7.02; REQUIRING THE COMMISSION TO APPOINT A CHARTER REVIEW ADVISORY COMMITTEE EVERY SIX YEARS; AMENDING SECTION 8.04; ELIMINATING SPECIFIC REQUIREMENTS FOR FEES, PETITION CARDS, AND DATES FOR QUALIFYING AS A CANDIDATE; MAKING NON- SUBSTANTIVE GRAMMATICAL, NUMBERING, AND ORGANIZATIONAL AMENDMENTS TO THE CITY CHARTER; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 7.02 of the City Charter be amended as follows: Section 7.02. Charter review advisory committee. The commission shall appoint a charter review advisory committee in January, 1994, and at least every six five years thereafter provided the appointments are made in January of a year preceding a city election. The charter review advisory committee shall be composed of not less than ten members. It shall review the existing charter and make recommendations to the commission for revisions thereto. Section 2. It is hereby proposed that Section 8.04 of the City Charter be amended as follows: Section 8.04. Nominations. The names of candidates for commission shall be placed upon the ballot by the filing of a written notice of candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance. The ordin:mce shall require the payment of a qualifying fee in the amount of $50.00. Tho candidate shall submit petition cards from not less than 250 city voters. The qualifying foe and petition cards are to be received by the city clerk not more than 60 days nor less than 46 days prior to the date of the election. The notice must designate the number of the seat for which the candidate is seeking election. 1\11 applications shall be accompanied by an affida'Jit that the candidate is a voter of the city and has been a resident of said city continuously for at least one year immediately prior to the filing of the notice of candidacy. Where only one candidate qualifies for nomination to a seat on the commission, then no general election shall be held with respect to the seat and the candidate shall be declared elected to the seat. Ordinance No. 7235-03 '. " Section 3. It is hereby proposed that the City Charter be amended as outlined in Exhibit A attached hereto. Said amendments are grammatical, numbering, and organizational changes to the charter, including changing the name of the Commission to Council and the title of Commissioner to Council member. Section 4. A referendum election is hereby called and will be held on March 9, 2004, at the general city election for the consideration of the voters of the City of Clearwater for the proposed charter amendments. The questions to appear on the referendum ballot reflecting the proposed amendment to the charter at the regular municipal election scheduled for March 9, 2004, shall be as follows: APPOINTMENT OF CHARTER REVIEW ADVISORY COMMITTEE Shall Section 7.02 of the City Charter be amended as provided in Ordinance No. 7235-03 to require the appointment of a Charter Review Advisory Committee every six years instead of every five years? For amendment to City Charter Against amendment to City Charter YES NO CANDIDATES FOR COMMISSION - QUALIFYING TIME. FEE AND PETITION CARDS Shall Section 8.04 of the City Charter be amended as provided in Ordinance No. 7235-03 to eliminate specific requirements for fees, petition cards, and dates for qualifying as a candidate for the City Commission and provide that such matters will be addressed by ordinance? For amendment to City Charter Against amendment to City Charter YES NO NON-SUBSTANTIVE GRAMMATICAL AND ORGANIZATIONAL CHANGES Shall the City Charter be amended as provided in Exhibit A to Ordinance 7235- 03 entitled "Non-Substantive Changes" to simplify language, correct grammar, eliminate certain transitional provisions which are no longer applicable; change the appointment time for Vice-mayor; change the name of the Commission to Council, change the title of Mayor-Commissioner to Mayor, and change the title of Commissioner to Council Member? For amendment to City Charter Against amendment to City Charter YES NO 2 Ordinance No. 7235-03 '. " Section 5. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on March 9, 2004. Section 6. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING December 4, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED December 18. 2003 Approved as to form: &I~ J Akin, City Attorney Attest: -~ ~ . .. .. - 3 Ordinance No. 7235-03 "- \ NON-SUBSTANTIVE CHANGES Article I. Corporate Existence! ~Powers . and Boundaries. Sec. 1.01. Corporate existence and powers. Sec. 1.02. Corporate boundaries. Article II. Legislative Power Sec. 2.01. Council ; composition; powers. Sec. 2.02. Qualifications. Sec. 2.03. Election and terms. Sec. 2.04. Compensation and expenses. Sec. 2.05. Mayor commissioner, functions! and powers. Sec. 2.06. Prohibitions. Sec. 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards. Sec. 2.08. Procedure. Sec. 2.09. Ordinances and resolutions in general. Sec. 2.10. Authentication, recording! and disposition of charter amendments, ordinances! and resolutions. Article III. Administration Sec. 3.01. City manager. Sec. 3.02. Appointment; removal; compensation. Sec. 3.03. Powers and duties of the city manager. Sec. 3.04. City clerk. Sec. 3.05. Personnel system. Article IV. City Attorney; Legal Department Sec. 4.01. City attorney, legal department. Sec. 4.02. City attorney, appointment, removal, and compensation, qualifications and duties. Sec. 4.03. Assistant city attorneys, i special counsel. Sec. 4.04. Compensation. Article V. Reserved Article VI. Initiative, i Referendum; Recall Sec. 6.01. Initiative. Sec. 6.02. Referendum. Sec. 6.03. Recall. Sec. 6.04. Commencement of proceedings. Sec. 6.05. Petitions. Sec. 6.06. Procedure to filing. Sec. 6.07. Referendum petitions; suspension of effect of ordinance. Sec. 6.08. Action on petitions. Exhib it A " Sec. 6.09. Results of election. Article VII. General Provisions Sec. 7.01. Charter amendment. Sec. 7.02. Charter review advisory committee. Article VIII. Nominations and Elections Sec. 8.01. Qualified voters. Sec. 8.02. Nonpartisan elections. Sec. 8.03. Form of ballots. Sec. 8.04. Nominations. Sec. 8.05. Elections. Sec. 8.06. Candidate vacancy. Article IX. Fiscal Management Procedure Article X. Transition Schedule Sec. 10.01. Continuation of former charter provisions. Sec. 10.02. Ordinances preserved. Sec. 10.03. Rights of officers and employees. Sec. 10.04. Pending matters. Sec. 10.05. Schedule. ARTICLE I. CORPORATE EXISTENCE~ ANt) POWERS, AND BOUNDARIES Section 1.01. Corporate existence and powers. (a) General Powers. The City of Clearwater, Florida, (the "city"), as created by Chapter 9710, Special Laws of Florida, 1923, as amended, sRaU exist~ and continue as a municipal corporation, with shall ha'.(e all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services.:..,t The city aM may exercise any power for municipal purposes except when expressly prohibited by law. In addition to the powers enumerated herein, the city shall be vested with all powers granted by general or special acts of the Legislature of the State of Florida or as aM otherwise provided by law. (b) Exercise of Powers. The city may exercise any of its powers and ef perform and finance any of its functions and may participate in the financing thereof, by contract or otherwise, jointly or in cooperation with anyone or more states or political subdivisions or agencies thereof, or the United States or any agency thereof, or with any person as defined by law. '. (c) Construction. The powers of the city under this charter shall be construed liberally in favor of the city. The city is empowered to do whatever is necessary and proper for the safety, health, convenience and general welfare of its inhabitants. The specific mention of a particular power in this charter shall not be construed as limiting the general power stated in this s Section of Article I. (6372-99, 9 1, 1-21-99/3-9-99) Section 1.02. Corporate boundaries. The corporate boundaries of the city shall be as they exist on the date this charter takes effect, provided that the city may shall havo the pm...er to change its boundaries in the manner prescribed by law. ARTICLE II. LEGISLATIVE POWER Section 2.01. Council Commission; composition; powers. (a) Composition. There shall be a city council commission, (the "council" commission ), composed of five council members commissioners, including the mayor commissioner. The members will occupy seats numbered one through five, inclusive. All members shall be elected at large by the voters of the city. (b) Powers. All legislative power of the city shall be vested in the council commission, except as otherwise provided by law or the provisions of this charter, and the council commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the city by law. (c) Duties. It shall be the duty of the council commission to discharge the obligations and responsibilities imposed upon the council commission by state law, city ordinance and this charter. As a part of the discharge of its duty, the council commission shall: 1. Each October,at a public meetinq. present a report on the evaluation of evaluate the performance of the city manager and city attorney, recognizing areas of exceptional performance as '.\'ell as areas of in which performanco can be improved. The evaluation process shall be determined by the commission. The resultE; of the e'.'aluation shall be reported to the citizens of the city. 2. Adopt by ordinance a comprehensive system of fiscal management. The fiscal management ordinance shall include provisions relating to the operating budget, capital budget and '. capital program, and provide pro'.'iding for hearings on the budget, capital budget and capital program and the amendment of the budget following adoption. 3. Provide for an annual or more frequent independent audit of all city accounts by a firm of certified public accountants. No firm shall be employed for more than five consecutive years. All audits shall be in accordance with law. 4. Regulate comprehensive planning, zoning and land development as provided by law. (d) Limitations. The legislative power provided herein shall have the following limitations: (1) The total indebtedness, which for the purpose of this limitation shall include revenue, refunding, and improvement bonds of the city, shall not exceed 20 percent of the current assessed valuation of all real property located in the city. The total budgeted expenditures in any fiscal year shall not exceed the total estimated revenue plus any unencumbered funds carried forward from a prior fiscal year. (2) The city council commission shall by ordinance adopt procedures for the purchase or rental of goods and services. (3) Any non-budgeted expenditure in excess of $5 million must be approved by the council commission at two separate meetings held at least two weeks apart and advertised notice of a public hearing must be given at least five days prior to the second meeting. (4) With the exception of maintenance or emergency dredging, or dredging relating to that portion of Dunedin Pass located within the boundaries of the city, permits for dredging or filling in excess of 10, 000 cubic yards below the mean high water line may be authorized only after a properly advertised public hearing before the council commission and approval at referendum. (5) Real property. (i) Prior to the sale, donation, lease for a term longer than five years, or other transfer of any municipal real property, the real property must be declared surplus and no longer needed for municipal public use by the council commission at an advertised public hearing. Except in the case of right- of-way dedications, the granting of easements, or transactions with governmental entities as described herein, no real property may be given away or donated without prior approval at referendum. (ii) Except as otherwise provided herein, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the council commission and whose proposed use of the property is in accordance with the council's commission's stated purpose for declaring the property surplus, if any. (Hi) Surplus real property may be transferred to another governmental entity for less than the appraised value after an advertised public hearing has been held and a finding by the council commission of a valid public purpose for the transfer. (iv) Surplus real property may be exchanged for other real property having a comparable appraised value. (v) No municipally owned real property identified as recreation/open space on the city's comprehensive land use plan map on November 16,1989 (or as may be amended thereafter), may be sold, donated, leased for a new use, or otherwise transferred without prior approval at referendum, except when the council commission determines it appropriate to dedicate right-of-way from such property. Such recreation/open space property may be leased for an existing use, without referendum, unless such lease is otherwise prohibited by charter or ordinance. (vi) No right-of-way or easement which terminates at, or provides access to, the water's edge of a body of fresh or salt water may be vacated for private benefit. Nothing contained in this section shall prevent an easement for utility purposes from being exchanged for a new easement for similar purposes or from converting a fee interest for utility purposes into an easement for such purposes. (vii) The council commission may lease municipal real property for five years or less without declaring it surplus. Municipal real property declared surplus may be leased for a term up to 30 years, provided, however, nothing herein shall preclude renewal of any lease for a maximum of 30 years. Municipal property declared surplus may be leased for an '. initial period of time or a renewal period exceeding 30 years, if approved at referendum, but not to exceed 60 years total. Leases of real property in an industrial park shall provide for continual use for private/public business purposes, shall provide a reasonable rate of return on the city's investment, and shall include a rent escalation clause. (viii) All leases of municipal real property shall contain recapture and reverter clauses. (ix) When purchasing real property for less than $250,000.00, the council commission shall obtain an appraisal performed by city staff or independent certified appraiser. If the purchase price of such property equals or exceeds $250,000.00 but is less than $500,000.00, the council oommission shall obtain at least one appraisal by an independent certified appraiser. If the purchase price of such property equals or exceeds $500,000.00, the council commission shall obtain at least two appraisals by independent certified appraisers. (6) No municipal or other public real property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Chestnut Streets, being further described in Appendix A. as; That portion of city owned land bounded on the north by the right of way of Dre'N Street, on the east by the right of way of Osceola Avenue, on the south of the right of lJ.'ay of Pierce Street, and on the ':.(est by the '.vaters of Clear\vater Harbor, lying belov: the 28 mean sea level elevation, together 'I:ith the foIlO\~:ing desoribed tract: Beginning at the northe3st corner of section 16, township 29 south, range 15 east, Pinellas County, Florida, and run thence west along the north line of said section, 1320.0 feet; thence south along the west line of the e3st one half of the northeast one quarter of said section 16, 1526.16 f€et to an intersection with an easterly projection of the oonterlino of Pierce Street; thence south 89015'00" \1'1 along the oenterline of Pie roe Street, 418 feet to an iron stake set in a projection of the west line of Osceola Avenue as extended across Pierce Street; thence south 20 f€et along this projection of the southwest corner of the intersection of Pierce Street and Osoeola Avenue; thence south 88018'42" 'N along the south line of Pierce Street, 375 feet to the point of beginning; thenoe oontinue south 88018'12" \N, 270.89 feet along said south line of Pierce Street to the east right of way line of Pierce Boulevard; thence south 19024'39" east along aforesaid east right of 'Nay along a curve to the right, chord 157.24 feet, arc 157.41 feet, radius 980 feet; thenoe north 88018'16" east, 120.42 feet; thence north 0014'32" west, 50 feet; thence north 88018'42", 100 feet; thence north 0014'32" 'Nest, '- 99.80 feet to the point of beginning less and except that portion of the above described tract designated for the Bandshell Site, and no municipal or other public real property constituting the Memorial Causeway or lands immediately contiguous thereto, more particularly described as: That portion of Memorial Causeway (S.R. 60) a 1200-foot-wide right-of- way, lying between the east abutment of the west bridge and the east line of Clearwater Harbor, and the submerged portions of Board of Trustees of the Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502, shall be developed or maintained other than as open space and public utilities together with associated appurtenances, except upon a finding by the council commission at a duly advertised public hearing that such development is necessary in the interest of the public health, safety and welfare of the citizens of the city and approval of such finding at referendum, conducted subsequent to the public hearing. City-owned tennis courts and associated appurtenances may be constructed and maintained on such property south of Cleveland Street. (7) No city owned real property in the area bounded on the north by Drew Street, on the east by Osceola Avenue, on the south by Pierce Street, and on the west by the waters of Clearwater Harbor, shall be sold, donated, leased, or otherwise transferred or used for other than city facilities except upon a finding by the council commission at a duly advertised public hearing that such transfer or use is necessary and in the interest of the public health, safety and welfare of the citizens of the city and the approval of such finding at referendum; except for that structure known as Harborview Center, as described in Appendix 8 more particularly described as: Beginning at tho Northeast corner of Lot 1 of Rompon's & Baskin's Corrected Map of Cause'A'ay Business District, according to the plat thereof as recorded in Plat Book 57, Pages 1 and 2, Public Records of Pine lias County, Florida, for a POINT OF BEGINNING, said point being said V\'esterly right of '...~ay line of Osceola /\venue; run thence S 01026'17" E, along said \f\!esterly right of way line of Osceola Avenue, 221.38 feet, to the Northerly right of 'Nay line of Cleveland Street; thence N 89058'26" W, along said Northerly right of \/'Jay line of Cleveland Street, 103.55 feet; thence N 00000'15" \^!, along a line \^!est of the existing Harborview Center Building, 217.30 feet; thence along a line Northerly of said Harborview Center Building the following two courses, S 89058'26" E, 187.20 feet; thence N 88007'145" E, 310.85 feet to the POINT OF BEGINNING. Wwhich structure may be leased for and used in furtherance of any municipal purpose consistent with the charter character and ordinances of the city. (Ord. No. 6373-99, 99 1,2, 1-21-99/3-9-99) Section 2.02. Qualifications. Members of the council commission shall be qualified voters of the city and shall have continuously resided in the city for at least one year prior to submitting a petition for election. The council commission shall be the judge of the electionJ, aRd the other qualifications of its members and at the grounds for forfeiture of their office. Section 2.03. Election and terms. All council members commissioners, including the mayor commissioner, shall be elected for terms of three years. Terms shall overlap, with two council members commissionors elected one year, and the additional two council members commissioners and the mayor commissioner elected the following year. No person who has, or but for resignation or forfeiture of office would have, served as a council member commissioner for two consecutive full terms shall serve as a council member commissioner other than mayor commissioner for the succeeding three-year term. No person who has, but for resignation or forfeiture of office would have, served as mayor commissioner for two consecutive full terms, shall serve as mayor commissioner or council member commissioner for the succeeding three-year term. Term limits shall be effective for each respective seat on the date of the next election for that seat after 1994. Newly elected council members commissioners shall take office at the next council commission meeting following certification of city election returns. (Ord. No. 63-74-99, 9 1, 1-21-99/3-9-99) Section 2.04. Compensation and expenses. The council commission may determine the annual salary of council members commissioners and the mayor commissioner by ordinance. No ordinance increasing such salary shall become effective until the date of commencement of the terms of council members commissioners elected at the next regular election, provided that such eloction follows occurrinq at least six .. months followinq the adoption of such ordinance by at least six months. Council members Commissioners shall be reimbursed their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05. Mayor Gommissioner, functions and powers. The mayor commissioner shall preside at all meetings of the council commission, perform such other duties consistent with the office as may be imposed by the council commission and this charter, and shall have a voice and a vote in the proceedings of the council commission, but no veto power. The mayor- commissioner may execute use the title of mayor in the execution of legal instruments on behalf of the city or otherwise as required by law. This authorization does not confer upon the mayor commissioner administrative duties except as required to carry out the responsibilities stated in this charter. The mayor commissioner shall be recognized as the official head of the city by the courts for the service of process, by the governor for purposes of military law, and for all ceremonial purposes. At the first second council commission meeting each April, the council commission shall elect one of its members as vice-mayor. The vice-mayor shall act as mayor commissioner during the temporary absence or inability of the mayor commissioner to perform the duties of the office of the mayor. Section 2.06. Prohibitions. (a) Appointments and removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officer or employee whom the city manager, or any of the city manager's subordinates, is empowered to appoint. (b) Dealing through city manager. Except durinq an investiqation fef tho purpose of inquiries and investigations, the council and its commission members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager. Neither the council commission nor its members shall give orders to any such officer or employee, either publicly or privately. Recommendations for improvement in city operations by individual council members commissioners shall be made to and through the city manager. Nothing in the foregoing paragraph prohibits individual members of the council commission from askina questions about questioning and observing city operations so as to obtain independent information to assist them in the formulation of policy. .. (c) Holding other office. No present or former council member commissioner shall hold any compensated appointive city office or employment until one year after the expiration of the term for which such council member commissioner was elected. Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards. (a) Vacancies. The office of a council member commissioner shall become vacant upon the death, resignation, removal from office in any lawful manner, or forfeiture of the office, such forfeiture shall te be declared by the remaining members of the council commission. (b) Forfeiture of office. A council member commissioner shall forfeit such office if such member: 1. Lacks at any time during the term of such office any qualification for the office prescribed by law, or 2. Is convicted of a felony or a crime involving moral turpitude, or 3. Fails to attend six consecutive regular meetings of the council commission, unless such absence is excused by the council commission, or 4. Fails to attend twenty-five percent of the regular meetings during a 12-month period whether excused or not. (c) Filling of vacancies; vacancy in council member's comm/ssion seat. 1. A vacancy on the council commission shall should be filled by majority vote of the remaining council members commissioners within 30 days after the vacancy. The person so appointed shall serve as a council member commissioner until the next regular or special election. At such election, a council member commissioner shall be elected to serve for the remainder of the unexpired term of office. 2. If the council commission fails to fill such vacancy within 60 days after it occurs, a special election shall be called to fill the unexpired term. 3. Any person appointed to fill such a vacancy shall possess all the qualifications required of a council commission member by law. " (d) Extraordinary vacancies. In the event that all council commission members resign or are removed by death, disability, or forfeiture of office, the governor shall appoint an interim council commission that shall call a special election to be held within 90 days after the occurrence of the vacancies. Such election shall be held in the same manner as the first election under this charter. In the event vacancies cannot be filled as provided in section 2.07(c) because of permanent vacancies which make it impossible to assemble a quorum, then in such case the governor shall appoint that number of council commission members necessary to constitute a quorum who shall hold office until the next regular or special election. (e) Boards. The council commission is empowered to appoint such advisory boards as it deems appropriate and regulatory board(s) as may be established by law. (Ord. No. 6375-99, 9 1,1-21-99/3-9-99) Section 2.08. Procedure. (a) Meetings. The council commission shall meet regularly at least once each month at such times and places as the council commission may prescribe by rule. Special meetings may be held on call of the mayor- commissioner, the city manager, or any two council commission members and, when practical, upon no less than 24 hours' notice to each member and the public. All meetings shall be public. except as otherwise provided by law. The city manager and any council commission member shall have the power to cause any item to be placed on the next agenda. (b) Rules and minutes. The council commission shall determine its own rules and order of business. The city clerk shall keep minutes of the council commission proceedings. (c) Voting. Voting on ordinances and resolutions shall be by roll call and shall be recorded in the minutes. A majority of the council commission shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council commission. Except as provided in section 2.07(c), section 3.02 and in the preceding sentence, no action shall be valid or binding unless adopted by the affirmative vote of the majority of all council commission members. Section 2.09. Ordinances and resolutions in general. (a) Definitions. 1. "Ordinance" means an official, legislative action of the council commission, which action is a regulation of a general and permanent nature and enforceable as a local law. 2. "Resolution" means an expression of the council commission concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the business of the council commission. (b) Form. Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended action, section, subsection, or paragraph of a section or subsection. (c) Procedure. A proposed ordinance shall be read by title, or in full, on at least two separate days, at either regular or special meetings of the council commission, and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time, and place of the meeting, the title or titles of proposed ordinances and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (d) Effective date. Except as otherwise provided in this charter, every adopted ordinance shall become effective ten days after adoption or as otherwise specified therein. (e) Emergency ordinances. An ordinance may be passed as an emergency measure on the day of its introduction if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the vote of at least four council commission members. An emergency ordinance shall remain effective as an ordinance for a period of 90 days and shall automatically expire at the end of such 90-day period unless during the time of such period the ordinance is submitted for adoption in the manner provided for non- emergency ordinances. Such ordinances may not levy taxes; grant, renew or extend a franchise; change election qualifications; set service or user charges for any municipal services; authorize the borrowing of money; enact or amend a land use plan; or rezone private real property. Emergency ordinances shall become effective upon passing or at such other date as shall be specified in the ordinance. Section 2.10. Authentication, recording and disposition of charter amendments, ordinances and resolutions. (a) Authentication. The mayor commissioner and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the council-:- and In addition, when charter amendments have been approved at referendum,.:. the mayor commissioner and the city clerk sh:lll :luthenticate by their signatures the charter amendment. (b) Recording. The city clerk shall keep properly indexed records in which shall be recorded, in full, all ordinances and resolutions passed by the council commission. Ordinances shall periodically be codified. The city clerk shall also maintain the city charter in current form and shall enter all chartor amendments. A copy of the charter and any amendments thereto shall be sent to the secretary of state. (c) Availability of Public Records. The council commission shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this charter available to the people of the city for public inspection and available for purchase at a reasonable price to cover the cost of reproduction. ARTICLE III. ADMINISTRATION Section 3.01. City manager. The city manager shall serve as the chief administrative officer and chief executive officer of the city. The city manager shall be appointed on the basis of administrative qualifications, experience, and training. The city manager need not be a resident of the city or state at the time of appointment, but shall establish and maintain residency within the city within one year after the appointment. The city manager shall be responsible to the council for all city administrative affairs. Section 3.02. Appointment; removal; compensation. (a) Appointment. The council commission shall appoint a city manager by an affirmative vote of four council commission members. The city manager shall hold office at the pleasure of the council commission. (b) Removal. The council commission may remove the city manager by an affirmative vote of four council commission members or a majority of the council commission members at two separate meetings held at least two weeks apart. Upon request by the city manager, a public hearing will be held prior to a vote to remove the city manager. ~ (c) Compensation. The compensation of the city manager shall be fixed by a majority of all the council commission members. (d) Acting city manager. By letter filed with the council commission, the city manager shall designate one or more assistant city managers to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. This designation shall be limited to a period of 60 days. At the expiration of this period, the council commission shall appoint an interim or new city manager in accordance with the provisions of this charter. Section 3.03. Powers and duties of the city manager. The city manager shall: (a) Appoint.l. promote. aM suspend, demote, or remove any city employees or appointive administrative officers under the city manager's jurisdiction, except as may be otherwise provided by law. Such appointment, promotion. suspension, demotion, or removal shall be in compliance with the civil service law and other applicable rules and regulations. (b) Establish or discontinue any 9!Y department, division or board in the administrative affairs of the city, subject to council commission approval. (c) Attend council commission meetings and have the right to take part in discussion, but not to vote. (d) See to the faithful execution executive of all laws, provisions of this charter, and acts of the council commission subject to enforcement by the city manager or officers subject to the city manager's supervision. (e) Prepare and submit to the council commission in the form provided by ordinance, the annual budget, a capital improvement budget, and a projected capital improvement program for a minimum five-year period. (f) Submit to the council commission at the first regular meeting in September of each year and make available to the public a comprehensive report on the financial condition and administrative activities of the city. (g) Make such other reports as the council commission may require concerning the operations of city departments, offices and agencies subject to the city manager's supervision. (h) Keep the council commission fully advised as to the financial condition and future needs of the city and make recommendations to the council commission concerning the affairs of the city. (i) Sign contracts on behalf of the city pursuant to the provisions of appropriations ordinances. U) Develop and keep current an administrative code which sets forth the organizational and operational procedures of the city government. (k) Provide administrative assistance to the council commission in connection with their official duties, and perform such other duties as are specified in this charter or may be required by the council commission. (I) Act as purchasing agent for the city. (Ord. No. 6375-99, 92, 1-21-99/3-9-99) Section 3.04 City clerk. The city manager shall appoint a city clerk, which appointment must be confirmed by the council commission prior to becoming effective. The city clerk or the official representative desjqnee of the city clerk shall: (a) Be custodian of all records and the official seal of the city; (b) Attest all documents requiring attestation and agreements to which the city is a party; (c) Arrange for and supervise all city elections; (d) Attend all meetings of the council commission and keep minutes of its proceedings; (e) public; Give notice of council commission meetings to its members and the (f) Perform such other duties as directed or required by law. Section 3.05. Personnel system. Appointments and promotions of city officials and employees, except those specifically exempted by ordinance, shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence as provided by law. ARTICLE IV. CITY ATTORNEY; LEGAL OEPARTMENT* *Code reference--Officers and employees generally, 92.261 et seq. Section 4.01. City attorney, legal department. There shall be a legal department, headed by the city.attorney, operating under the authority of and responsible to the council commission. The legal department shall consist of the city attorney, assistant city attorneys, wReA appointed and authorized by the commission, and such other staff as the council commission may authorize EHfeet. Section 4.02. City attorney, appointment, removal, compensation, qualifications and duties. (a) Appointment. The city attorney shall be appointed by the affirmative vote of four council commission members and may be removed by a majority of the members of the council commission members voting f-or remo'/al. Upon request by the city attorney a public hearing will be held prior to a vote to remove the city attorney. The city attorney shall be a member in good standing of The Florida Bar. (b) Duties. The city attorney shall be the legal advisor to the council commission, the city manager and all city departments, offices and agencies. When required by the city council commission, the city attorney shall prosecute or defend, on behalf of the city, all complaints, suits and controversies in which the city is a party; and shall prepare or review and approve as to form and legal sufficiency all contracts, bonds, and other instruments to which the city is a party. The city attorney shall perform such other duties as may be directed by law or the city council commission. (c) Absence. By letter, filed with the council commission, the city attorney shall designate one or more assistant city attorneys to perform the duties of city attorney during a temporary absence or disability. This designation shall be limited to a period of 60 days. At the expiration of this time, the council commission shall appoint an interim or new city attorney in accordance with the provisions of this charter. (Ord. No. 6375-99, 93, 1-21-99/3-9-99) Section 4.03 Assistant city attorneys, special counsel. (a) Assistants. The city attorney shall appoint as many assistant city attorneys as authorized by the city council commission. (b) Special Counsel. The council commission may employ special counsel, outside of the legal department, who shall conduct such investigations and perform such services as the council commission may direct and who shall report directly to the council commission. Section 4.04 Compensation. The council commission shall determine the compensation to be paid to the city attorney and special counsel. Compensation for the assistant city attorneys shall be established by the city attorney and approved by the council oommission. ARTICLE V. RESERVED ARTICLE VI. INITIATIVE, REFERENDUM; RECALL Section 6.01. Initiative. The voters of the city shall have power to propose ordinances to the council commission, and, if the council commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such powers 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. Section 6.02. Referendum. The voters of the city shall have power to require a reconsideration by the council commission of any adopted ordinance and, if the council commission fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program, any emergency ordinance, or ordinance relating to appropriation of money, levy of taxes, or appointment or salaries of city officers or employees. Section 6.03. Recall. The voters of the city shall have the power to recall or remove from office any elected official or officials of the city, for the reasons and in the manner set forth in the General Laws of the State of Florida, and more particularly section 100.361, Florida Statutes, including any amendments thereto. Section 6.04. Commencement of proceedings. Any five voters may commence initiative or referendum proceedings by filing with the city clerk or other official designated by the council commission an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk or other official designated by the council commission shall at the committee's request issue the appropriate petition blanks to the petitioners' committee at the committee's expense. Section 6.05. Petitions. (a) Number of signatures. Initiative or referendum petitions must be signed by voters of the city equal in number to at least ten percent of the total number of voters registered to vote in the last regular city election. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of the circulator. Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof stating: That the circulator personally circulated the paper; the number of signatures thereon; that all the signatures were affixed in circulator's presence; that the circulator believes them to be the genuine signatures of the persons whose names they purport to be; and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Completed referendum petitions must be filed within 90 days after the effective date of the ordinance sought to be reconsidered. Section 6.06. Procedure to filing. (a) Certificate of city clerk; amendment. Within 20 days after the inWative or referendum petition is filed, the city clerk or other official designated by the council commission shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is insufficient and shall promptly send a copy of the certificate to the petitioner's committee by registered mail. Grounds for insufficiency are only those specified in section 6.05 hereof. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend with the city clerk or other official designated by the council commission within two working days after receiving the copy of the city clerk's certificate and files a supplementary petition within ten days after receiving the copy of such certificate. The supplementary petition shall comply with the requirements of subsections (b) and (c) of section 6.05(b) and (c) hereof and within five days after it is filed the city clerk or other official designated by the council commission shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioner's committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient, or if a petition or amended petition is certified insufficient and the petitioner's committee does not elect to amend or request council commission review under subsection (b) of this section within the time required, the city clerk or other official designated by the council commission shall promptly present the certificate to the council commission and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Council Commission review. If a petition has been certified insufficient and the petitioner's committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two working days after receiving the copy of such certificate, file a request that it be reviewed by the council commission. The council commission shall within 30 days review and approve or disapprove it, and the council's commission's determination shall then be a final determination as to the sufficiency of the petition. Section 6.07. Referendum petitions; suspension of effect of ordinance. When a referendum petition is filed with the city clerk or other official designated by the council commission, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a) There is a final determination of insufficiency of the petition, or (b) The petitioners' committee withdraws the petition, or (c) The council commission repeals the ordinance, or (d) Tabulation of the ballots cast by the voters of the city on the ordinance has been certified and repeal of the ordinance has failed. Section 6.08. Action on petitions. (a) Action by council commission. When an initiative or referendum petition has been determined sufficient, the council commission shall promptly consider the proposed initiative ordinance in the manner provided in Article article II or reconsider the referred ordinance by voting its repeal. If the council commission fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (b) Submission to voters. The vote of the city on a proposed or referred ordinance shall be held not less than 90 days and not later than 150 days from the date that the petition was determined sufficient. If no regular city election is to be held within the period prescribed in this subsection, the council commission shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council commission may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the city by filing with the city clerk or other official designated by the council commission a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 6.09. Results of election. (a) Initiative. If a majority of the voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as an ordinance of the same kind adopted by the council commission except that it may not be repealed until after the next regular city election. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the voters voting on a referred ordinance vote against the referred ordinance, it shall be considered repealed upon certification of the election results and may not be reenacted in substance until after the next regular city election. (Ord. No. 6375-99, 94, 1-21-99/3-9-99) ARTICLE VII. GENERAL PROVISIONS Section 7.01. Charter amendment. (a) Initiation by ordinance. In addition to charter amendments otherwise authorized by law, the council commission may, by ordinance, propose amendments to any part or all of this charter, except Article :Jrtiolo I, section 1. 02, prescribing boundaries, and upon passage of the initiating ordinance shall place the proposed amendment to a vote at the next general election held within the city or at a special election called for such purpose. (b) Initiation by petition. 1. The voters of the city may propose amendments to this charter, except Article article I, section 1.02, prescribing boundaries, in the manner set forth in Article :Jrticle VI, section 6.05(a)--(c). 2. Upon certification of the sufficiency of the petition by the city clerk, the council commission shall place the proposed amendment to a vote of the voters at the next general or special election held not less than 90 days nor more than 150 days after certification. Section 7.02. Charter review advisory committee. The council oommission shall appoint a charter review advisory committee in January, 1994, and at least every five years thereafter and providod the appointments shall be aFe made in January of a year preceding a city election. The charter review :Jd'lisory committee shall be composed of not less than ten members. It shall review the existing charter and make recommendations to the commission for revisions thereto. ARTICLE VIII. NOMINATIONS AND ELECTIONS Section 8.01. Qualified voters. Any person who is a resident of the city who has qualified as a voter of Florida, and Pinellas County, and who registers in the procedural manner prescribed by law, shall be a qualified voter of the city. Section 8.02. Nonpartisan elections. All nominations and elections for council commission shall be conducted on a nonpartisan basis without regard for or designation of political party affiliation of any nominee on any nomination petition.. 9f ballot.. or political advertisement under the control of the candidate. (Ord. No. 6375-99, 95, 1-21-99/3-9-99) Section 8.03. Form of ballots. The council commission shall by ordinance prescribe the form of the ballot and the method of conducting all elections of the city. (a) Council commission ballots. Candidates for seats on the council commission shall be grouped according to the seat number for which they are candidates. Within each group, names shall be placed on the ballot alphabetically. No candidate may seek election to more than one seat in any election. (b) Charter amendment. A charter amendment to be voted on by the voters of the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted?" Immediately below such question shall appear, in the following order, the word "yes" and also the word "no" with a location thereafter to indicate the voter's choice. Section 8.04. Nominations. The names of candidates for council commission shall be placed upon the ballot by the filing of a written notice of candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance. The ordinance shall require the payment of a qualifying fee in the amount of $50.00. The candidate shall submit petition cards from not less than 250 city voters. The qualifying fee and petition cards are to be received by the city clerk not more than 60 days nor less than 46 days prior to the date of the election. The notice must designate the number of the seat for which the candidate is seeking election. All applications shall be accompanied by an affidavit that the candidate is a voter of the city and has been a resident of said city continuously for at least one year immediately prior to the filing of the notice of candidacy. Where only one candidate qualifies for nomination to a seat on the council commission, then no general election shall be held with respect to the seat and the candidate shall be declared elected to the seat. Section 8.05. Elections. (a) Council commission positions. All members of the city council commission shall be elected at large. The candidate receiving the largest number of votes among the candidates for that seat shall be elected. (b) Regular elections. Regular city elections shall be held on the second Tuesday in March of each year in which a council commission term expires. (c) Special elections. Special municipal elections may be called by the council commission at any time for such purposes as are authorized by law. (d) Canvassing board. The council commission shall meet as a canvassing board within 24 hours after the closing of the polls in any municipal election and shall canvass the election returns except when such election is held in conjunction with an election conducted by Pinellas County, in which case certification of the returns by the county canvassing board may be accepted as the certification of the municipal election returns. Section 8.06. Candidate vacancy. If the death, withdrawal or removal from the ballot of a candidate occurs after the end of the qualifying period and leaves fewer than two candidates for an office, then the qualifying period shall be extended to the latest date on which a name can be added to the ballot. If a name cannot be added to the ballot, the remaining candidate shall be declared elected. ARTICLE IX. FISCAL MANAGEMENT PROCEDURES The city's fiscal management procedure~ shall include provisions relating to the operating budget, capital budget, and capital program and provide ., providing for hearings on the budget, capital budget, and capital program and the amendment of the budget following adoption. The ordinance shall contain a provision requiring that revenue bonds for projects in excess of one million dollars be put to referendum with the exception of revenue'bonds for public health, safety or industrial development and revenue bonds for refunding. ARTICLE X. TRANSITION SCHEDULE Section 10.01. Continuation of former charter provisions. All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature, as amended by special law or otherwise, which are not embraced herein and which are not inconsistent with this charter shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. ! Section 10.02. Ordinances preserved. All ordinances in effect upon the adoption of this charter to the extent not inconsistent herewith with it, shall remain in force until repealed or changed as provided herein. Section 10.03. Rights of officers and employees. Except as is specifically provided herein, nothing in this charter shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. City council commission members shall continue to hold their offices until their successors are elected. Section 10.04. Pending matters. All rights, claims actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of the charter. Section 10.05. Schedule. (:3) Effective date. Artiole VIII of this ch:3rter sh:311 t:Jke offect immedi:3tely upon passage of this charter. Term limits :3S specifiod in Soction 2.03 sh:311 beoome effective for elections :3ftor 1994. (b) Timo of taking full effoct. This charter shall be in full effect for all purposes on and after approval by a majority of the electors voting in a valid election to be called for such purpose, and upon being filed with the Secretary of State. Appendix A That portion of city-owned land bounded on the north by the rioht-of-way of Drew Street. on the east by the rioht-of-way of Osceola Avenue. on the south of the riQht-of-way of Pierce Street. and on the west by the waters of Clearwater Harbor. Iyino below the 28 mean sea level elevation. tooether with the followino described tract: BeQinninQ at the northeast corner of section 16. township 29 south, ranQe 15 east. Pinellas County, Florida. and run thence west alono the north line of said section. 1320.0 feet: thence south alonQ the west line of the east one-half of the northeast one-Quarter of said section 16, 1526.16 feet to an intersection with an easterly proiection of the centerline of Pierce Street: thence south 89045'00" W alono the centerline of Pierce Street. 418 feet to an iron stake set in a proiection of the west line of Osceola Avenue as extended across Pierce Street: thence south 20 feet alono this proiection of the southwest corner of the intersection of Pierce Street and Osceola Avenue: thence south 88018'42" W alonQ the south line of Pierce Street. 375 feet to the point of beQinnino: thence continue south 88018'42" W, 270. 89 feet alonQ said south line of Pierce Street to the east riQht-of-way line of Pierce Boulevard; thence south 19024'39" east alonQ aforesaid east riQht-of-way alono a curve to the riQht. chord 157.24 feet. arc 157.41 feet. radius 980 feet: thence north 88018'46" east. 120.42 feet: thence north 0014'32" west. 50 feet: thence north 88018'42", 1 00 feet: thence north 0014'32" west. 99.80 feet to the point of beQinnino less and except that portion of the above described tract desionated for the Bandshell Site. 1 Appendix B Beoinnino at the Northeast corner of Lot 1 of Rompon's & Baskin's Corrected Map of Causeway Business District. accordino to the plat thereof as recorded in Plat Book 57. Paoes 1 and 2. Public Records of Pinellas County, Florida, for a POINT OF BEGINNING, said point beino said Westerly rioht-of-way line of Osceola Avenue: run thence S 01026'17" E, alono said Westerly rioht-of-way line of Osceola Avenue, 224.38 feet. to the Northerly rioht-of-way line of Cleveland Street: thence N 89058'26" W, alono said Northerly rioht-of-way line of Cleveland Street. 403.55 feet: thence N 00000'15" W. alono a line West of the existino Harborview Center Buildino, 217.30 feet: thence alono a line Northerly of said Harborview Center Buildino the followino two courses, S 89058'26" E. 187.20 feet: thence N 88007'14" E, 210.85 feet to the POINT OF BEGINNING.