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ORDINANCE NO. 3825-84
AN ORDINANCE OF THE CITY OF CLEARWATER? VLORIDA,
SUBMITTING TO THE ELECTORS OF TIME CITY PROPOSED
AMENDMENTS TO THE CHARTER Or THE CITY OF CLEAR-
WATER Of 1978, AS AMENDED, TO PROVIDE FOR NUMBERED
CITY COMMISSION SEATS TO BE OCCUPIED BY A CITY
COMMISSION COMPOSED OF FIVE MEMBERS; TO PROVIDE
CITY COMMISSION WITH EXPANDED AU'T'HORITY TO EVALUATE
ITS EXECUTIVE AND ADMI141STRATIVE APPOINTEES;
TO PROVIDE AN INCREASE IN PURCHASING POWER BEFORE
FORMAL BIDS MUST BE OBTAINED FROM $3,000 TO
$7,500; TO PROVIDE THAT SURPLUS REAL PROPERTY MAY
BE TRANSFERRED TO ANOTHER GOVERNMENTAL ENTITY FOR
LESS THAN AFPRAISED VALUE AFTER PUBLIC HEARING
AND A FINDING OF PUBLIC PURPOSE; TO PROVIDE THAT
MUNICIPAL REAL PROPERTY IDENTIFIED AS RECREATION/
OPEN SPACE ON THE CITY COMPREHENSIVE LAND USE
PLAN MAP MAY NOT BE DISPOSED of WITHOUT PRIOR
APPROVAL AT REFERENDUM; TO PROVIDE THAT NO
RIGHT-OF-WAY OR EASEMENT WHICH TERMINATES OR
^PROVIDES ACCESS TO THE WATER'S EDGE OF EITHER
A BODY OF SALT OR FRESH WATER MAY BE VACATED
FOR PRIVATE BENEFIT; TO PROVIDE THAT UTILITY
EASEMENTS CAN BE EXCHANGED FOR A NEW EASEMENT
FOR SIMILAR PURPOSES AND THAT UTILITY INTERESTS
HELD IN FEE CAN BE CONVERTED INTO,EASEMENTS;.
TO PROVIDE AN EXCEPTION FROM DREDGING REFERENDUM
REQUIREMENT FOR THAT PORTION OF DUNEDIN PASS
LOCATED IN CLEARWATER; TO PROVIDE FOR THREE YEAR
TERMS FOR CITY COMMISSIONERS; TO PROVIDE THAT
CITY COMMISSIONERS BE SWORN IN AT FIRST REGULAR
MEETING IN APRIL; TO PROVIDE FORFEITURE IF A CITY
COMMISSIONER BECOMES A CANDIDATE FOR ANY OTHER
ELECTED CITY, COUNTY, STATE OR FEDERAL OFFICE; TO
PROVIDE A TEN DAY NOTICE PROVISION FOR ORDINANCES
PRIOR TO FINAL ADOPTION; TO PROVIDE A DEFINITION OF
ADVISORY BOARD; TQ PROVIDE THAT CITY CLERK COULD USE
BOTH INDEXED BOOKS AND MICROFORM RECORDS IN KEEPING
THE JOURNAL OF CITY COMMISSION ACTION; TO PROVIDE
THAT CITY COMMISSION CAN APPOINT A NEW OR INTERIM
CITY MANAGER WHERE THE CITY MANAGER HAS BEEN ABSENT
OR DISABLED FOR MORE THAN SIXTY'DAYS; TO PROVIDE
THAT A NEW OR INTERIM CITY ATTORNEY MAY BE APPOINTED
WHERE THE CITY ATTORNEY HAS BEEN ABSENT.' OR DISABLED
FOR MORE THAN SIXTY DAYS; TO PROVIDE CLARIFICATION
AS TO WHEN THE CITY CLERK SHALL COMPLETE THE CERTI-
FICATE IN THE CASE OF AN INITIATIVE OR REFERENDUM
PETITION; TO PROVIDE THAT THE CITY COMMISSION REVIEW
A PETITION WITHIN THIRTY DAYS OF REQUEST; TO PROVIDE
CLARIFICATION AND REMOVAL OF EXCESS LANGUAGE IN
SECTION 7.01; TO PROVIDE FOR A CHARTER REVIEW
COMMITTEE NOT LATER THAN JANUARY 1, 1989, AND AT LEAST
EVERY FIVE YEARS THEREAFTER; TO PROVIDE FOR GROUPING
OF CANDIDATES ACCORDING TO NUMBERED SEAT AND THAT
NO CANDIDATE MAY SEEK ELECTION TO MORE THAN ONE SEAT
AT ANY ELECTION; TO.PROVIDE THAT NOTICE OF CANDIDACY
DESIGNATE SEAT NUMBER BEING SOUGHT; TO PROVIDE THAT
REVENUE BONDS UP TO THREE MILLION DOLLARS CAN BE
ISSUED FOR A PROJECT WITHOUT REFERENDUM; TO PROVIDE
FOR ADVERTISING OF SPECIAL ELECTIONS IN ACCORDANCE
WITH STATE STATUTE; TO PROVIDE CLARITY AND BETTER.
PUNCTUATION IN SECTIONS 2.07, 2.09, 2.10, 3.03, 4.01,
6.06, 6.07, 7.01 AND 8.03; PROVIDING FOR A REFERENDUM
ELECTION ON THESE AMENDMENTS; PROVIDING FOR NOTICE
OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
SEE ORDINANCE,
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Ord. 3825-84.
12/20/8+
i 'Section 1. That it is hereby proposed that Section 2.01,
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} Article II, Legislative, of-the Charter of the City of Clearwater
= I of 1978, as amended, be amended to read as follows:
Section 2.01. City commission; composition; powers.
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(a) Composition. There shall be'a City Commission
composed 6f .--five, ( 5).:.commissioners, . including the
Mayor-Commissioner T-a€?-c3€-?kor-sl}a??-1-e?ea€ed
at-large-l9y-the-eKali€?ed-ve?e?s-s€-?l??-Si?}?•-e€
Glearwater. The members will occupy seats numbered
one (11 through five (5) inclusive. All members
shall be elected at large by-the qualified voters
of the City of Clearwater.
(b) Powers. All legislative power of the City of
Clearwater shall be vested in the City Commission,
except as otherwise provided by law or the provisions
of this Charter, and the City Commission shall provide
1 for the exercise thereof and for the performance of
all duties and obligations imposed upon the City of
Clearwater by law.
(c) Duties. It shall be the duty of the Citv Commission
to discharge the obligations and responsibilities
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imposed upon the Commission by state law, city ordi-
nance and this Charter.
1. The Commission shall be responsible for evaluating
the job performance of all their executive and
administrative appointees, reporting such
evaluation each year in the month of October
to the citizens of the city.
2. The evaluation process shall be determined by
C the Commission and may be by the Commission as
a whole, ari independent.-management consultan_t_,_
an'appointed citizens!. committed, or any
combination.
3. The results of the • evaluation shall report'
' the adequacy of performance, recognizing. areas 3,
of exceptional erformance as well as areas of
iimproveable performance. ?
Ord. 3825-84 12!20/84
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i Limitntions. The legislative power provided
herein shall have the following limitations:
(1) The total indebtedness, which for the purpose
of this limitation shall include revenue, re-
funding and improvement bonds, of the City of
Clearwater shall not exceed twenty per cent
(20%) of the current assessed valuation of all
real property located in the City; and 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)
pity-ptaekases-i>3-excess-ef-$5r99A-ekrot?ld
be--mae?e-€a=era-the-fewest-?espeASi?re-axid-
. , ... a<ss?ae>;sib?e-bidder-ax?c?-eer??a=ae?s-skrall-be
• awarded-te-the-?ewes?-a=esAa?siue-ar}d
?esgansifale-1a ?lde>=T All purchases in excess
of $7'500 shall be awarded b the City_
Commission to the lowest responsive and
responsible bidder, selected after receiving
sealed cam etitive bids from no 1 ss'than three
(3) qualified vendors whenever practical.
No contract or purchase which is subject to the
requirements imposed by this paragraph may be
split or otherwise awarded in a cumulative
manner,
i. (3) With the exception of maintenance or emergency
dredging, and dredging related to tnat portion
of Dunedin Pass located within the boundaries
' of the City of Clearwater, permits for dredging
or filling in excess of 4,000 cubic yards
Yet
below the mean high water line may be authorized
only after properly advertised public hearings
before the City Commission and approval at
referendum.
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Surplus property. Prior to the disposal
of any municipal real property, the real,
property must be declared surplus and no
longer needed for public use by the City
Commission at an advertised public hearing.
Except in the case of right-of-way or easements
or transactionswith Governmental entities as
described herein, no real property may be given
away or donated without prior approval of the
electors of the City of Clearwater at a
referendum. Pie--Fight-e€-way-er--easement-ending
either--nt-a-bedy-e€-salt-water-eF-a-bedy-et
fresh-water-may-be-vaeated-€er-the-bene€it-of
private-individualav
Real property declared surplus may only be
sold to the party submitting the highest com-
petitive bid above the appraised value, except
where the surplus real property is proposed to
be? seld transferred to another governmental
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!`entity. Surplus real property may be sell
transferred to another governmental entity
without-eempetitive--bidding-fer-a-»priee-not-less
than-tea-per-eent-f49$4-belew--the-appraised
value for less than the appraised value after
advertised ublic hearings have been held and'a
finding by the City Commission of a valid'
public purpose for the transfer.
Surplus real property may be exchanged for
other real property having a comparable
appraised value.
No mAcipally, cmied-real.:pronerty 'as of the date the xevised
Charter becomes... effective, used -for- -pub 146
Fae?eatiear-eF-?eF-tk?e-p?tFpese-e€-assess-te-a
Laub lie-reereatien-area r-eF-Whi9h -is-planned
e?-mac Qatienal.-use identified as roo.-5-4tqn/,
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' 0ed.. 3825-81y -4- 12/20/84
' Een space oh they City-' Comprehonsive
Land Use :15inn Mal) or as may be added to
hereafter may be disposed of without prior
approval of the electors in a referendum.
Right-of-way or casements. No right-of-way
or easement which terminates at, or provides
access to, the water's edge of either a body of
salt water or a body of fresh water may be
vacated for the benefi.t_of„private individuals.
Nothing contained in this paragraph shall pre-
vent 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 a6 easement for such our ores.
Leases of real property. Except in-
the-ease-of-municipal-real for property located in,.an
industrial park, ether municipal real''property
which-load-»eeh declared surplus may be leased
for a maximum period of fifteen (15) years. A
proposed lease of m4nlelpal-real such propertyr
'. e??aer-tk?as--p?eper?}?-leea?ed-is--aA-lndus??ial
parkr for a-more than peEled-ef-time-exeeedieg-
fifteen (15) years shall first be approved by
the-eleeterate in a referendum election.
Industrial Park Property may be leased up to
thirty, (30) years with an affirmative vote of
4/5ths of the City Commission after a duly
advertised public hearing and may be leased for
a period of time exceeding thirty (30) years if
approved at a public referendum. Teases of real
property in an industrial park shall provide for
continual use for private business purposes and `
shall.provide a reasonable rate of return on the
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City's investment, including a rent escalation
clause.
All leases of municipal real property shall.
contain recapture and reverter clauses.
No municipal or other public real property
lying West of Osceola Avenue, East of Clearwater
Harbor between Drew and Chestnut Streets, being
further described as:
That portion of City owned ?and bounded on
the North by the right-of-way of Drew Street,
on the East by the right-of-way of Osceola
.Avenue, on the South of the right-of-way of
Pierce Street, and on the West by the waters
of Clearwater Harbor, lying below the 28 Mean
Sea.Level elevation, together with the follow-
ing described tract: Beginning at the NE
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 East 1/2 of the NE 1/4 of
said Section 16, 1526.16 feet to an inter-
section with an Easterly projection of the
centerline of Pierce Street; thence S 89°45'
00" W along the centerline of Pierce 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 feet
along this projection of the SW corner of the
intersection of Pierce Street and Osceola
Avenue; thence S 88°18'42" W along the South
line.of Pierce Street, 375 feet to the P.O.B.;
thence continue S 88°18'42" W, 270.89 feet
along said South line of Pierce Street to the
East right-of-way line of Pierce Boulevard;
thence S 19°24'39" E along-aforesaid East
right-of-way along a curve to the right, Chord
1,11?7.24 feet, Arc 157.41 feet, Radius 980 feet;
thence N 88°18'46" E, 120.42 feet; thence
N 0°14'32" W, 50 feet; thence N 88°18'42"
100 feet; thence N 0°14'32" W,'99.'80 feet to
the P.O.B. 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.Eoot wide right-of-way, lying between
the East abutment of the West Bridge and the
'East line of Clearwater Harbor, and the sub
merged portions of Board of-Trustees of the
Internal. Improvement Trust Fund Deed Numbers
17,500 and 17,502,'• :
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shall be developed or maintained other than
in open space and public utilities together
with associated appurtenances, except upon
a finding by the City Commission at a duly
` advertised public hearing that such develop-
ment is necessary in the interest of the
public health, safety and welfare of the
,citizens of Clearwater and approval,of such
finding at a referendum election conducted
subsequent to the public hearing.
. 1rdustrial-garb-preperty-may--tae-leased-up-te
thirty--f3g?-}ears-with-an-affirmative-vete
e€-4???k}s-a?-the-6ity-Cem?aissien-after-a-duly
ad?e?tised--p?ablie-k?ea?iAg-aA?3-may-k3e-leased-
fey-a-peg}eel-a€-dime-exeeediAg--thirty-#39?•
yews-if-app?aued-at=a-Aublie-?eferendumT-
1;eases-ef-meal-p?epe??}--iA-aA-iAa?ast?ial-pa?3?-
skull--p?eviae-?a?-eestiAUal-use-€e?-A?i?a?e
business-pe??aeses-and-sk;all-p?euide-a-?easenaiale
gate-»9--F31a1?-9A-eke-6ity' s-iavestmeatr-iA-
eluding-a-€eAt-esealatien--elaese,--All-leases-
e€-muAieipal-r-eal-prepevty-shall-aeAtaiA-r-e--
eapture-axd-reverter-clauses,
Section 2. That it is hereby proposed that Section 2.03, Article
11, Legislative, of the Charter of the City of Clearwater of 1978,
as amended, be amended to read as follows:
Section 2.03. Election and Terms.
All Commissioners, including the Mayor-Commissioner,
shall be elected for terms of tw94 2} three (3) years.
Terms shall overlap, with the Mayor-Commissioner and
two -(2) commissioners elected one year, and the
additional (2) commissioners elected the following year.
Newly elected commissioners shall be sworn in by or at
the first regular meeting in MaEeh April,
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12/20/84
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Section 3. That it is hereby proposed that Section 2.07,
Article II, Legislative, of the Charter of the City of Clearwater
of 1978, as amended, be amended to read as follows:
Section 2.07. Vacancies; forfeiture of office; filling
of vacancies; Advisory boards; audit.
(a) Vacancies. The office of 'a Commissioner shall
become vacant upon the death, resignation or removal
from office in any manner authorized by law or for-
feiture of the office, such forfeiture to be declared
by the remaining members of the Commission.
(b) Forfeiture of office. A member of the Commission
shall forfeit such office if such members:
1. Lacks at any time during the term of such
office any qualification for the office
prescribed by this Charter or by lawn or
2. Is convicted of a felony or a crime involving
moral turpitude, or
3. Fails to attend three (3) consecutive regular
meetings of the Commission, unless such absence
is excused by the Commission, or
9. Fails to attend six (6) regular meetings during
a twelve (12) month period whether excused or
not: _, or
5. Becomes a qualified candidate for any other
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elective office at cit count state or
federal level.
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Ord, 382684 12/20/84
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(c) Filling of vacancies. It vacancy in the Commission
shall be filled by majority vote of the remaining
members of the Commission within thirty (30) days of
the vacancy and the person so appointed shall serve
as Commission member until the next regular or,special
election. Any person elected to fill such a vacancy
shall possess all the qualifications required of a
Commission member by this Charter and by law. At
the next regular or special election a special ballot
shall. be voted to elect a Commission member to serve
for the remainder of the unexpired term of the office
filled by vote of the Commission.
(d) Extraordinary vacancies. In the event that all members
of the Commission are removed by death, disability, or
forfeiture of office, the Governor shall appoint an
interim Commission that shall call a special election
to be held within ninety (90) days of the occurrence of
the vacancies and such election shall be done 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 Com-
mission members necessary to constitute a quorum who
•;[';r ,E shall hold office until the next regular or special
election.
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(e) Advisory boards. The City Commissin may at any time
appoint an advisory board or advisory boards, composed
'of men or women who are residents of the City of
Clearwater qualified to act in an advisory capacity to
the City Commission. An "advisor board" shall mean
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an board groul2l committee or commission whose powers,
urindiction and authority are solely advisory and do
not include the final determination or adjudication of
an ersonal or property rights, duties_or obligations.
The members of such board shall serve without compen-
sation for the time fixedin their appointment, or at the
pleasure of the Commission and their duties shall be to
consult and advise witn such municipal officers and make
written recommendations which shall become part of the
records of the City. All meetings shall be public.
(f) The Commission shall provide for an annual independent
audit by a firm of Certified Public Accountants of all
City accounts and may provide for more frequent audits if
the Commission deems it necessary. No firm shall be em-
ployed for more than five (5) consecutive years. All audits
shall be according to the procedures and requirements
required by law.
Section 4. That it is hereby proposed that Section 2.09,
Article 11, Legislative, of the Charter of the City of Clarwater
of 1978, as amended, be amended to read as follows:
Section 2.09. Ordinances and resolutions in general.
(a) Definitions.
1. "Ordinance" means an official, legislative
action of the Commission, which action is a
regulation of a general and permanent nature and
enforceable as a local law.
?. "Resolution" means an expression of the City
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 City Commission.
Ord. 3825-84 -10- 12/20/84
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(b) Form. Ench ordinance or resolution nhall be intro-
duced 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 meetin•,.'bf the Commission, and
shall, at least seven-+44 ten (10) days prior to
adoption, be noticed once in a newspaper of general
circulation in the city. The notice: of proposed enact-
ment 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 ordinances
nay 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 (10) days after adoption or as otherwise specified
therein.
(e) Emergency ordinances. Ari 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 two-thirds
(2/3) of the members of the Commission. An emergency
ordinance shall remain effective as an ordinance for
a period of ninety (90) days and shall automatically
expire at the end of such ninety (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 franchi.se*j_ change
12/20/
'.Ord. 3625-84 8
election qualificationsr_L set.service or user
charges for any municipal servicesr,L authorize the
borrowing of moneyrl enact or amend a land use
plan,L gr rezone private real property. Emergency
ordinances shall become effective upon passing or at
such other date as shall be specified in the ordinance.
Section 5. That it is hereby proposed that Section 2.10,
Article II, Legislative, of the Charter of the City of Clearwater
of 1978, as amended, be amended to read as follows:
Sec tion 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
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all ordinances and resolutions adopted by the City
Commission, In addition, when Charter amendments
r have been approved by electors,'the Mayor-Commissioner,
and the City Clerk, charged with keeping the journal
shall authenticate by their signatures the Charter
amendment, such authentication to reflect the approval.
of the Charter amendment by the electorate.
Y (b) Recording. The City Clerk
L charged with keeping the
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journal_L shall keep properly indexed books and/or
micr f ah 11 b
0 orm recor s in wnac sna a recorded, in full,
all ordinances and resolutions passed-by the Commission.
Ordinances shall, at the direction of the Commission,
be periodically codified. The City Clerk, charged
with keeping the journal•L shall also maintain the City
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Charter in current form and shall enter all Charter
i. amendments and send a copy of the revised Ch`?rter
incorporating,amendments to the Secretary of State's
office.
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12/20/64
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(c) Printing. The Communion ,rhn1l, by ordinance,
astablinh 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.
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Section G. That it is hereby proposed that Section 3.02,
Article III, Administrative, of the Charter of the City of
Clearwater of 1978, as amended, be amended to read as follows:
Section 3.02. Appointment; removal; compensation.
(a) Appointment. The Commission shall appoint a
City Manager by an affirmative vote of four (4) of
the Commission members. The City Manager shall
hold office at the pleasure of the City Commission.
(b) Removal. The Commis.ion may remove the City Manager
by an affirmative vote of four (4) of the Commission
members or by a majority of the members of the
City Commission voting for removal at two (2)
separate meetings held at least two (2) weeks apart.
Upon demand 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 vote of all the
Commission members.
(d) Acting city manager. By letter, filed with the
City 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. Ne-Assistant-Gity--ManageE-designated-as-
p?ev?dec?-?ie?ein-:aa}?-f?netien-as-si?}?-P4asager-few-a ,
t®?m=lexge?-than-thirty-#39}-days-at-eRe-timer
The aforementioned-designation shall be limited to a
period of _ hixty; {{? ; days. At the expiration of this
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',time the City Commission zhall a pint an interim or
new City Manager in accordance-with the royisions of the
Charter.
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' Section 7, That it is hereby proposed that Section 3.03,
Article III, Administrative, of the Charter of the City of
' Clearwater of 1970, as amended, be amended to read as follows:
Section 3.03. Powers and duties of the city manager.
The?City Manager shall:
(a) Appoint and, when the City Manager deems it
necessary for the good of the City, suspend, demote
or remove all City employees and appointive adminis-
trative officers under the City Manager's jurisdiction
provided for or under this Charter, except as otherwise
provided by law. All such appointments, suspensions,
demotions or removals shall be in compliance with the
Civil Service Law and all applicable rules and regu-
lations of the City of Clearwater.
' (b) Create and or establish and or discontinue any
department, division or board in the administrative
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;. affairs of the City, subject to City Commission.approval.
(c) Attend Commission meetings and shall have the r.•ight
' to take part in discussion but may not vote.
r (d) See that all laws, provisions of this Charter and
. f acts of the Commission. which are subject to enforce--
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ment by the City Manager or by officers subject,to the
.. City'Manager'es direction and supervision, are faithfully
' executed.
(e) Prepare and submit to the Commission in the form pro-
< vided by ordinance the annual budget and capital im-
provement budget and a projected capital improvement
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program or a minimum ive (5) year period.
°' (f) Submit to the Commission and make available to the
public a comprehensive report on the finances and
`.? administrative activities of the City as of the end
....-?.;; of the fiscal year. In addition to the comprehensive
's report, the City Manager shall submit a quarterly
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financial report.
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(g) Make such other reports as'the Commission may require
concerning the operations of City departments, offices
' And agencies subject to the City Manager's direction
and supervision.
(11) Keep the Commission fully advised as to the financial
condition and future needs.of the City and make such
recommendations to the Commission concerning the
affairs of the City as the City Manager deems desirable.
(i) Sign contracts on behalf of the City pursuant to the
provisions of appropriations ordinances.
(j) Develop and keep current an administrative code which
' shall set forth the organizational and operational
procedures of the City government.
(k) Provide such administrative assistance to the City
° Commission in connection with their official duties,
8
and perform such other duties as are specified in
this Charter or may be required by the City Commission.
(1). Act as purchasing agent for the City.
Section g. That it is hereby proposed that Section 4.01,
4
'
Article
IV, City Clerk; City'Attorney; Legal Department, of the
E
Charter of the City of Clearwater of 1978, as amended, is amended
to read as follows:
Sec tion 4.01. City clerk.
.. ' The City Manager shall appoint a City Clerk, which
' app ointment must be confirmed by the City Commission
' pri or to it becoming effective. The City Clerk or the
off icial representative of the Clerk shall be:
r ,
(a) Be Gcustodian of all records, documents and.papers
of the City; '
+ (b)• . Attest all documents, contracts and agreements't
which the City is a party;
(c) Be custodian of the official seal of the City of
Clearwater;
(d) Arrange for and supervise all City elections;
Ord. 3825-84 12/20/84
I
1c
Section 9. That it is hereby proposed that Section 4.03,
Article-IV, City Clerk; City Attorney; legal Department, of the
Charter of the City of Clearwater of 1978, as amended, be amended
to read as follows:
Section 4.'03. City attorney, appointment, removal,
qualifications and duties.
(a) The City Attorney shall be appointed by the affirm-
ative vote of,four (4) members of the City Commission'
and may be removed either by an affirmative vote of
four (4) members of the City Commission or by a majority
of the members of the City Commission voting for re-
moval in two (2) separate meetings of the City Com-
mission held at least two (2) weeks apart. Upon
demand 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 qualified attorney at law,
admitted and currently eligible to practice before
all of the courts of the State of Florida and the
appropriate U.S. District Court; and shall, be a
member in good standing of the Florida Bar
Association.
(b) Duties. The City Attorney shall act as the legal
advisor to the City Commission, the City Manager and
all City departments,' offices and agencies; when
required to do so by the City 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; shall prepare or review all con-
tracts, bonds and other instruments in which the
.Ord. 3826-84
-16-
12/20/84
y- a
(e) Attend all meetings of the.City Commission and keep
N' a journal of its proceedings]
(f) Give notice of Commission meetings to its members
and the public;
(g) Perform 8such other duties as directed or required
by law.
et<a, ;..a"??f:'.6 'y'TS:It?{.fpA?+yr? r,,.a..§S:i.T,?pJA:.'N[•w;, R?"'?'"'`; ^„1.' °'*=: .Y:•.. ',+>:,":?f ,,,,?;; ,1.1. .`?+d???3t"!?,•3•.+4 ???:"?S, ,, .r'.?,"-'? '!^,.Y+?31 F;x?'?•??.F'?'.?'?';°?r..&as'.v;
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1
City is concerned and shall endorse thereon approval
or disapproval of the form, sufficiency and correct-
ness thereof; no contract with the City shall take
effect until it has been so endorsed as approved by
' the City Attorney, The Cif: Attorney shall perform
a such other duties as may be directed by the City "
Commission or the laws of Florida.
(c) By letter, filed with the City Commission, the City
Attorney shall designate one or more Assistant City ;
' Attorneys to perform the duties of City Attorney ?•'
during his temporary absence or disability. The
its
. . , .. _
L aforementioned designation shall be limited to a ?
r
period of .sixty (60) days. At tii'a expiration of this
time, the City Commission shall appoint an interim
or new City Attorney in accrrdance with the provisions
of the Charter.
r
4
Section 10. That it is hereby proposed that Section 6.06,
Article VT, Initiative, Referendum, Recall, of the Charter of the
City of Clearwater of 1978, as amended, be amended to read as
x follows:
Section 6.06. Procedure to filing.
(a) Certificate of clerk; amendment. Within twenty (20)
days after the initiative petition is filedr or five
(5) days €er'--a after the referendum petition is filed,
the City Clerk or other official designated by the r
Commission shall complete a certificate as to its
sufficiency, specifying, if it is insufficient,.the
particulars wherein it is defective 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. A petition
:;: ' •;{ certified insufficient for lack of the required number
of valid signatures may be amended once if the
petitioner's committee files a notice of intention to
amend it with the Clerk or other official designated
S•r
Ord. 3826-84 12/20/84
_i -17-
. MVAMM?
4-
?I
(b)
by the Commission within two (2) working days
after receiving the copy of the Clerk's certificate
and tiles a supplementary petition upon additional
papers within ten (10) days after receiving the copy
of such certificate. Such supplementary petition
shall comply with the requirements of subsections
(b) and (c) of Section 6,05 and within five (5)
days after, it is filed the Clerk or other official
designated by the 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 Com-
mission review under subsection (b) of this section
within thd'time required, the Clerk or other
,official designated by the Commission shall promptly
present his certificate to the Commission and the
certificate shall then be a final determination as
to the sufficiency of the petition.
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 (2) working days after
receiving the copy of such certificate, file a request
that'it be reviewed by the Commission. The Com-
mission shall, within thirty- (30 ) day review and
approve or disapprove it, and the Commission's
determination shall then be a final determination
as to the'.sufficiency of the petition.
r.
Ord. 3825-84
-a8-
12/20/84
a.l .
1
` Section 11. That it is hereby proposed that Section 6.07,
Article VI, Initiative, Referendum, Recall,, of the Charter of the
City of Clearwater of 1978, as amended, be amender] to read as
follows:
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 Commission, the
ordinance sought to be reconsidered shall be suspended
from taking effect. Such suspension shall terminate when:
1. There is a final determination of insufficiency
of the petition, or
2. The petitioner's committee withdraws the petition,
or
3. The Commission repeals the ordinance, or
4. A€teE-a A vote of the,City on the ordinance has
been certified.
4.
r
i'
Section '12. That it,is hereby proposed that Section 6.09,
Article VI, Initiative, Referendum, Recall, of the Charter of the
City of Clearwater of 1978, as amended, be amended to read as
follows:
Section 6.09. Results of election.
(a) Initiative. If a majority of the qualified
electors voting on a proposed initiative ordinance
vote in its favor, it shall be considered adopted
upon certification of the election results and shall
be treated in all respects in the same manner as an
ordinance of the same kind adapted by the Commission.
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 qualified eleeterJ-s
electors voting on a referred ordinance vote against
it the referred ordinance, it shall be considered
'repealed upon certification of the election results.
Ord. 3825-84 -19- 12/20/84 #
` '.1 .,ter .... t.t _ ?'~' .. ' •. j .. ."
i
f
Section 13. That it is hereby proposed that Section 7.01,
Article VII, General Provisions, of the Charter of the City of
Clearwater of 1978, as amended, be amended to read ns tollowsi
Section 7.01. Charter amendment,
(a) Initiation by ordinance. In addition to Charter
amendments otherwise authorized by law, the Com-
mission may, by ordinance, propose amendments to
any part or all of this Charter, except Article I,
Section 1.02, prescribing boundaries, and upon
passasge of the initiating ordinance shall place 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.
1. The voters of the City may propose amendments
r
to this Charter, except Article T•, Section 1.02,
prescribing boundaries, in the manner set forth
in Article VI, Section 6,05 (a)--(c).
2. Upon certification of the sufficiency of the
petition by the City Clerk the Commission
shall place the proposed amendment to a vote
of the electors at the next general or__special
election held not less than sixty (60) days
nor more than ninety (90) days after
certification. er-a#--a-special-eleetien--eailed
€a?-sash-gt??@eseT-
Section 14. That it is hereby proposed that Section7.02,
Article VII, General Provisions, of the Charter of the City of
.Clearwater of 1978, as.amended, be amended to read as follows:
Section 7.02. Charter review advisory commitee.
give-?ea?B-a?i~e?-1=ke-adeptien-e?-1<k?is-81?ar?e?-axid-at•-
•least-ever}-1<ea-flF}}-}?ea?s--tl?erea€i:e?T-tl?e-G}t}?--Cemmissien-
shall-appeint--a-Gity--Gharter-Review-Adviser-y-8emmitteew
The,City Commission shall a int a Charter Review Advisory
Ord. 8825-84
-20-
12/20/94
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._?,_??_..._--_-? .'1:4.1.:.=.•??.1°"'-??? ? '? ? __._ w? ?_ _.?...?..._ ! ._'._.
(
. S•r
L
24117-
Committee _
-- -e not later than - ,3-anuar1 _1 ? _ /_ _989, and , at lea.st
every five (5) years thereafter. The'Cltarter Review
Advisory Committee shall be composed of not less than
ten (10) members and it shall review the existing Charter
and make recommendations to the City Commission for
revisions thereto.
Section 15. That it is hereby proposed that Section 8.03,
Article VIII, Nominations and Elections, of the Charter of the
City of Clearwater of 1978, as amended, be amended to read as
follows:
Section 8.03. Form of ballots.
The City Commission shall, by ordinance, prescribe the
form of the ballotr and-the method and matin r of holding
and the conduct of all elections of the City of Clearwater.
_(a) Commission ballots. Candidates for seats an the Citv
0
Commission shall be grouped according to the seat number
for which they__are-candidates._ Within these groups,
names shall be placed on the ballot a.lnhabetically.
No candidate may seek election to more than one seat
in any given election.
(b) Charter amendment. A Charter amendment to be voted
on by the electors of the City shall be presentee[ 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 sufficient blanx space thereafter for the
placing of the symbol "X" to indicate the voter's
choice or if voting machines are used, the question
snail be placed so as to indicate to the elector whien
lever or punch hole is used in order to cast his a vote
for or against.
Ord. 3825-84
-21-
12/20/84
r
a.'M?+Q+M .t'S^`,'?`_`?? :7.4i-?•Ir+1tY' ??. ' 1w.'-
Section 16. That it is hereby proposed that Section 8.04,
Article VIII, Nomination and Elections, of the Charter of the
City of Clearwater of 1970, its amended, be amended to read as
follows: ,
' Section'8.04. Nominations.
The names of candidates for City Commission shall be
placed upon the election ballot,by filing of a written
t
notice of candidacy with the City Clerk at such time and
in such manner as may be prescribed by ordinance. The
i
ordinance shall require the payment of a qualifying fee
in the amount of twenty-five dollars ($25.00). The candidate 1.R
l shall submit a petition which shall be signed by not less
than two hundred fifty (250) electors. The qualifying fee
r
and petition are to be received by the Clerk not more
? r
r
- than sixty (60) days nor less than thirty-five (35) days
' t
prior to the date of the election... Tie--»ettiene?akal?:: :?
?r?e7ieate-wl?etl?er--tl?e-ear?didate-is-seel?iAg-tke--eea?-ef
Ma?+e-?et??nise}eRe-er-pity-Eexiesene: The notice
k 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
qualified elector of the City of Clearwater, Florida, and
has been a resident of said City continuously for at least
one (1) year immediately prior to the filing of an application.
Where only one candidate qualified for nomination to a seat
on the City Commission, then no general election shall be held
'
' with respect to the seat and the candidate shall be declared F
r elected to the seat.
Section 17. That it is hereby proposed that Section 8.05,
' Article VIII, Domination and Elections, of the Charter of the City
r of Clearwater of 1978, as amended, be amended to read as follows:
. Section 8.05. Elections.
(a) City commission positions. All members of the City
Commission except as otherwise provided by the Charter,
shall be elected at large by the qualified voters of
n, I
i the City of Clearwater.
-22- 12/20/84
Ord. 3826-!!84
.k
0 0
(b) Regular elections. Regular City elections shall be
head on the second Tuesday in.Pehrunry March of each
year.
(c) Special elections. Special municipal elections may
be called by the City Commission at any time for such pa,
purposes as are authorized by this Charter or by law.
Notice of all special elections shall be published
in a City daily newspaper published-in-the-Gity-ense-
a-•week-fer-the-fear-444-weekB-I mmediately-preeeding
the-eleetiea in accordance with state Statutes.
(d) Canvassing board. The City Commission shall meet as
a canvassing board within twenty-four (24) hours after
the closing of the polls in any municipal election and
shall canvass the election returns.
Section 18. That it is hereby proposed that Article IX, Fiscal
Management Procedure, of the Charter of the City of Clearwater of
1978, as amended, be amended to read as follows:
ARTICLE IX. FISCAL MANAGEMENT PROCEDURE
Within-three (3) months after the adoption of this Charter,
the City Commission shall adopt by ordinance a fiscal manage-
ment procedure code providing a comprehensive system of fiscal
management. The fiscal management procedure shall include
provisions relating to the operating budget, capital budget
and capital program, providing for hearings on the budget,
capital budget and capital program and the amendment of the
budget following adoption. Such ordinance shall in addition
contain a provision requiring that revenue bonds for projects
in excess of ere,4hrae million dollars shall be put to public
referendum with the exception of revenue bonds for public
health, safety or industrial development and revenue bonds
for refunding. tv? S^
-23-
Ord.. 9825-t84
12/20/84
{
section 19. A referendum election for the purpose of voting
on the amendments to the Charter contained in ordinance No. 3825-84
shall be conducted at the next general municipal election to be
conducted on Tuesday, February 12, 1985.
The questions to appear on the referendum ballot at the next
,general election shall be as follows:
Shall the amendment to the Charter of the
City,of Clearwater of 1978, as amended,
providing for amending Section 2.01 to provide
for numbered City Commission seats with elections
to be conducted at large for each numbered seat
be approved?
Shall the amendment to the Charter'of the
City of Clearwater of 1978, as amended, providing
for amending Section,2.03-to provide for three year
terms for all City Commissioners and the Mayor-
Commissioner, be approved?
Shat a amendment to the Charter of the
City of Clear er of 1978, as amended, providing
for amending Article o provide that the amount
of revenue bonds that can be i ed for any project
before referendum be raised from one mi on dollars
to three million dollars, be approved?
Shall the amendments to the Charter of the
Citv of Clearwater of 1978, as amended, providing
for amending Section 2.01 to provide donation
of real property to other governmental entities
for less than appraised value after public nearing
and a finding of public purpose, to provide that
municipal real property identified as recrea*_ion;'open
space land on comprenensive plan r:uay not be disposed
of without referendum, to L-rovide that right-of--Flay
or easement wnich ge=minates or provides access to
water's edge may not be vacated for private individual,
to provide that easements for utilities can be exchianued
Ord. 3825-84 -?r- 12/20/84
',,,j"?@';{?f[;tin.3•K?!':c?#.f•?.y-r?Y^>ri,•...?„y,,. ,;;ycr.rFY'/ry; K,i,:n,i?`w., ,...,,t+da;., tI
ii'+???4?:'_e??E`.?°.'s.1??'?6'<i:?s'-. .iii, . . ......... .. ..`<??....?.°x??.?:',_tFst,s.i7:??sf?s1????:i..i?'i}?•!'?..?i::??1:1?;:?`+:*__:
MIA
or a fee interest in utilities be converted to
easement, and to provide an exception from the
referendum requirement for dredging in Dunedin
pass, be approved?
Shall the amendments to the Charter of the
City of Clearwater of 1978, as amended, providing
for amending Section 2.01 to provide the City
Commission expanded authority to evaluate its executive 1
and administrative appointees in October of each year,
to provide an increase in purchasing power from $5,000 ,
to $7,500 before bids are required, and to provide
clarification of existing wording; amending Section 2.07 -
to provide for forfeiture of office by any City
Commissioner who becomes a qualified candidate for
any other elective City, County, State or Federal
office, to provide a definition of advisory body,
and provide language clarification and punctuation;
amending Section 2.09 to conform the ordinance
advertising time to the ten day period required by i
State law and clarify existing language and punctuation; r
'
. and amending Section 2.10 to permit City Clerk to use
3
microfilm recording in addition to indexed books or
as a substitute in ,seeping a journal of ordinances and
resolutions passed, be approved?
Shall the amendments to the Charter of the
' r City of Clearwater of 1978, as amended, providing
for amending Section 3.02 to permit City Commission to
appoint interim or new City Manager where City'Manager
is absent or disabled for more than sixty days; amending
.. '' Section 3.03 to clarify existing wording; amending
. a
'
Section 4.01 to clarify existing wording; amending Section
4.03'to permit City Commission to appoint interim or
' new City Attorney where City Attorney is absent or disabled,
more than sixty days; ana amending Section 6.06 to.clarifv
the certification process involved in eitner an initiative
or referendum and provide that an initiative or referendum
request be reviewed within thirty days, be approved?
Ord. 3825-84 -:: - 32/20/84
ni_
.s
• ` r? J
Shall the amendments to the Charter of the
City of Clearwater of 1978, as amended, providing
for amending Section 6.07 to clarify existing language;
amending Section 6.09 to clarify existing language; emending
Section 7.01 to'clarify existing language and remove
excess wording; and amending Section 7.02 to require
appointment of a charter review committee by January
1, 1989, and at least every 5 years thereafter,
be approved?
Shall the amendments to the Charter of the
City of Clearwater of 1978, as amended, providing
for amending Section 8.•03 to provide for grouping
of City Commission candidates according to seat
sought, to provide candidate names be listed alphabetically
on ballot, to provide that no candidate may seek more
than on,?z:.seat in any election and to provide clarification
of voting process used in charter amendments; amending
Section 8.04 to provide that notice of candidacy must
designate seat being sought and clarify when qualifying
fee and petition are to be received, and providing that
when only one candidate qualified for a seat, no general
election shall be held and the candidate shall be declared
elected to the seat; amending Section 8.05 to provide
that regular City elections be held on second Tuesday
in March with the oath of office administered at the
first regular meeting in April, and to provide that
special elections be advertised according to State
statutes, be approved?
The electronic voting 'system shall be so arranged that the
voter may vote "YES" or "ISO" with respect to each of the
propositions set forth above.
-Zu
Ord. 3825.84 12/20/04
i
• r
JY?y
Section b. if a majority of the votes cast at such election
t rhIrespect to each such proposition shall be "YES", then such
individual proposition shall be approved.
Section 21. Notice of the proposed enactment of this ordinance
has been properly advertised in a newspaper of general circulation
in accordance with Section 166.041, Florida Statutes.
Section 22. Electronic system ballots shall be used in the
election for absentee.voters and shall be in substantially the
form provided in Section 19 above.
Section 23. The amendments to the Charter contained in this
ordinance, if approved at referendum, shall apply subsequent to
the election to be held February 12, 1985.
Section 24. This ordinance shall be published in full at least
one time by the City Clerk as part of the notice of such referendum
election, which notice shall be headed "Notice of Referendum for
Charter Amendments". Notice of the referendum election shall be
published in a daily newspaper in general circulation in the City
in the manner provided in Section 100.342, Florida Statutes.
' S
Section 25. This ordinance shall become effective immediately
upon its final passage, and the amendments contained in Sections
1 through 18 of this ordinance must be approved by vote of a majority
of the electors voting at the referendum on the issues at the next
general municipal election conducted in the City of Clearwater,
Florida, and filed with the Secretary of State prior to each
becoming effective.
PASSED ON FIRST READING December 6, 1984
AS A14ENDED
PASSED ON SECOND AND FINAL December 20, 1984
READING AND ADOPTED
AS AMENDED
.
Attest: y
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city .Clex}??r ?: '? ')
r 10rd; 3825-84
...27-
x,2/20/84
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