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ORDINANCE NO. 4768-89
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE
CHARTER OF THE CITY= PROPOSING AMENDMENTS TO THE CITY CHARTER IN
ITS ENTIRETY; INCREASING FROM $7,500.00 TO $10,000.00 THE AMOUNT
ABOVE WHICH ALL PURCHASES SHALL BE AWARDED BY THE CITY COMMISSION
THROUGH COMPETITIVE BIDDING= PROVIDING THAT NO MUNICIPAL REAL
PROPERTY SHALL BE SOLD OR LEASED FOR A 'TERM LONGER THAN THREE
YEARS WITHOUT FIRST DECLARING THE PROPERTY SURPLUS FOLLOWING AN
ADVERTISED PUBLIC HEARING; DELETING THE PROVISION THAI MUNICIPAL
REAL PROPERTY MAY BE LEASED FOR MORE THAN FIFTEEN YEARS IF THE
LEASE IS APPROVED IN A REFERENDUM ELECTION; PROVIDING THAT CERTAIN
RECREATION/OPEN SPACE LAND OWNED BY THE CITY MAY BE DEDICATED AS
RIGHT-OF-WAY WHEN DETERMINED APPROPRIATE BY THE CITY COMMISSION,
WITHOUT REFERENDUM APPROVAL; PROVIDING THAT THE TERM OF OFFICE OF
A NEWLY ELECTED CITY COMMISSIONER SHALL BEGIN ON THE FIRST
THURSDAY IN APRIL; PROVIDING FOR VACANCIES IN THE OFFICE OF CITY
COMMISSIONER WHEN REQUIRED BY LAW, RATHER THAN WHEN A CITY
COMMISSIONER BECOMES A QUALIFIED CANDIDATE FOR ANY OTHER ELECTIVE
OFFICE; PROVIDING FOR THE APPOINTMENT OF REGULATORY BOARDS AS MAY
BE ESTABLISHED BY LAW; PROVIDING THAT NO ACTION OF THE CITY
COMMISSION SHALL BE VALID OR BINDING UNLESS ADOPTED BY THE
AFFIRMATIVE VOTE OF THE MAJORITY OF ALL COMMISSION MEMBERS;
PROVIDING THAT THE CITY MANAGER SHALL ESTABLISH RESIDENCY WITHIN
THE CITY WITHIN ONE YEAR OF APPOINTMENT TO THE POSITION; PROVIDING
FOR THE REMOVAL OF THE CITY ATTORNEY BY A MAJORITY OF THE MEMBERS
OF THE CITY COMMISSION; AUTHORIZING THE CITY COMMISSION TO
REGULATE LAND DEVELOPMENT IN THE MANNER PROVIDED BY LAW;
INCREASING FI(OM FIVE DAYS TO TWENTY DAYS THE LENGTH OF TIME IN
WHICH THE CITY CLERK OR OTHER DESIGNATED OFFICIAL SHALL CERTIFY AS
TO THE SUFFICIENCY OF A REFERENDUM PETITION; INCREASING THE LENGTH
OF TIME FOLLOWING THE CERTIFICATION OF AN INITIATIVE OR'REFERENDUM
PETITION DURING WHICH AN ELECTION MAY BE HELD; INCREASING THE
LENGTH OF TIME FOLLOWING CERTIFICATION OF THE SUFFICIENCY OF A
CHARTER AMENDMENT PETITION BEFORE WHICH AN ELECTION SHALL BE HELD;
PROVIDING FOR THE APPOINTMENT OF A CHARTER REVIEW ADVISORY
COMMITTEE; INCREASING THE QUALIFYING FEE FOR A CANDIDATE FOR
ELECTION TO THE CITY COMMISSION FROM $25.00 TO $50.00; PROVIDING
THAT REGULAR ELECTIONS SHALL BE HELD EACH YEAR IN WHICH A CITY
COMMISSION TERM EXPIRES; PROVIDING FOR THE CERTIFICATION OF
MUNICIPAL ELECTION RETURNS BY THE COUNTY CANVASSING BOARD UNDER
CERTAIN CIRCUMSTANCES; DELETING CERTAIN REDUNDANT MATTERS AND
PROVIDING FOR UNIFORM TERMINOLOGY AND GRAMMATICAL IMPROVEMENTS;
PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON MARCH 14, 1989, IN
CONJUNCTION WITH THE REGULAR CITY ELECTION IN ORDER TO SUBMIT THE
PROPOSED CITY CHARTER AMENDMENTS TO THE VOTERS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The City Charter of the City of Clearwater, Florida, is
amended to reads
(Note: Underlining indicates proposed new text; struck-through type
indicates proposed deletions. Any section or portion thereof not
included herein shall continue in effect without amendment. Article IX
may also be amended as provided in Ordinance 4769-89, if that ordinance
is adapted.)
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ARTICLE I. CORPORATE EXISTENCE AND POWERS
Section 1.01. Corporate existence and powers.
. a` . +Y .
i (a) The City of Clearwater, Florida, herein after referred to as City,
as created by Chapter 9710, Special Laws of Florida, 1923, as amended, shall
exist and continue as a municipal cor oration and-6ueh-exf9k1n MURiei a)3
eesporation shall have all governmental, corporate and proprietary powers to
enable it to conduct municipal government, perform municipal functions and
render municipal services, and may exercise any power for municipal purposes
except when expressly prohibited by law. "r?l, Bfs"J. rte'
(b) The City may exercise any of its powers or perform any of its
functions and may participate in the financing thereof,,
r eee eration b contract or otherwise iointiv or in cooperation with an * N.
one or more states or eivil--divisiene political subdivisions or agencies ,.' ;,,? •'-'.
..: thereof, or the United States or any agency thereof,
(c) The powers of the City under this Charter shall be construed
liberally in favor of the City. The City will be empowered to do whatever
is necessary and proper for the safety, health, convenience and general
,••., - t.: •";,"? sic:: F+? `Y•`4„,
welfare of its inhabitants. The specific mention of a particular powers of
'e in the Charter shall not be construed as limiting in any way the general
power stated in this section of Article I.
.,r (d) 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 and otherwise provided by law.
Section 1.02. Corporate boundaries.
The corporate boundaries of the City a€-Clearwater shall remain fixed s(3 ;?r=a?" `';
and established as the exist on the date this Charter takes effect, provided that the City shall have the power to change its boundaries in the
Ys manner prescribed by law.
ARTICLE II. LEGISLATIVE
Section 2.01. City sCommission; composition; powers.
(a) Composition. There shall be a City Commissioner hereinafter
referred to as the Commission, composed of five (5) commissioners, including
` the Mayor-Commissioner. The members will occupy,seats numbered one (1)ria
k;o; through five (5) inclusive. All members shall be elected at large by the
F?,. 'r` ;# , ?Sl{;tom BLit
qualified voters of the City of-6iesswaker. .,??'-•. '? ?,
u. ?.;?£,,, i..?• gip.
b Powers. All legislative power of the City of-Cle rwate shall be
?•' mss': - }`.:? ?'??.a•????1,
vested in the City Commission, except as otherwise provided by law or the
provisions of this Charter, and the City Commission shall provide for the exercise thereof and for the performance of all duties and obligations : ?'?tssn
imposed upon the City of-Clearwater by law. t';°,lr'z
(c) Duties. It shall be the duty of the City Commission to discharge
the obligations and responsibilities imposed upon the Commission by state
law, city ordinance 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. 2v The evaluation process shall be
determined by the Commission and may be made by the Commission as a
whole, an independent management consultant, an appointed
citizens'committee, or any combination. S. The results of the
evaluation shall report the adequacy of performance, recognizing
areas of exceptional performance as well as areas of improvable
performance.
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2. The Commission shall adopt by ordinance a fiscal management
procedure code providing a comprehensive system of fiscal. .p{.
management_., :xu
3. The Commission shall provide for an annual inde endent audit b a
firm of Certified Public Accountants of all City accounts and--ma
provide for more frequent audits if the Conunisgion deems it
necessary. No firm shall be employed for more than five (5)_
consecutive years. All audits shall be according to the
procedures and requirements required 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
of--Clearwater shall not exceed twenty per cent (20x) 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) All purchases in excess of $7T590 $10,000 shall be awarded by the
City Commission to the lowest responsive and responsible bidder,
selected after receiving sealed, competitive bids from no less
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.
(3) With the exception of maintenance or emergency dredging, and
t- dredging related to that portion of Dunedin Pass located within
the boundaries of the City o€-Clearwater, permits for dredging or
i' filling in excess of 4,000 cubic yards below the inean high water
line may be authorized only after properly advertised public
hearings before the City Commission and approval at referendum.
(4) Surplus property. Prior to the disposal sale or to the lease for
a term longer than three (3) years 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
transactions with governmental entities as described herein, no
real property may be given away or donated without prior approval
of the eleeters qualified voters of the City of-Clearwater at
referendum.
Real property declared surplus may only be sold to the party
submitting the highest competitive bid above the appraised value,
except where the real property is proposed to be transferred to
another governmental entity. Surplus real property may be transferred
to another governmental entity for less than the appraised value after
an advertised public hearings have has 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 :v_.,
a comparable appraised
value. -?':•:r...
No municipally owned real property as of the date the revised Charter
becomes effective, identified as recreation/open space on the City's
Comprehensive Land Use Plan Map (or as may be added to hereafter), may
be disposed of without prior approval of the eleatere qualified voters ?-•=;I=?
An--a at referendum except when the Commission determines it is
appropriate to dedicate right-of-way , from properties identified as
Fr,%
recreation/open apace.
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Right-of-way or easements. 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 benefit of private individuals. Nothing contained in this paragraph
shall prevent an easement for utility purposes from being exchanged for
a new easement for similar purposes or from converting a fee interest ,.. l7s2bf{*^k
s,. ..• ?e R:•a:r.
for utility purposes into an easement for such purposes. ', s
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Leases of real property. The Commission has the power to lease s'>>>,r1, ?`?'?•
municipal. real property for three (3) years or less without declaring
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` it surplus. Exeegk--€e--p?eperty--leeaed--iR--art--ladustrlal-AttikT ?;?:,r `s rR
mMunicipal real property declared surplus may be leased for a maximum
of fifteen (15) years. A-pepeead-lease-a£-euah-prel?erty-des-mere-t?ian;'zf;?
€#€teas-alp'}-years-ekall-?#xst-be-a}?pssved-ix-a-?e?ereRdusa-eleetiex, ?4:"_? ?r:?;.?;?,;???
Industrial Park Property may be leased up to thirty (30) years with an
affirmative vote of 415ths of the 6ity Commission after a duly
advertised public hearing and may be leased for a period of time '1w=A=y'rz: `i,?
exceeding thirty (30) years if approved at a-pub?lie referendum. Leases
of real property in an industrial park shall provide for continual use for private business purposes and shall provide a reasonable rate ofra`
return on the City's investment, including a rent escalation clause.
All leases of municipal real property shall contain recapture and
reverter clauses.
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j (5) No municipal or other public real property lying West of Osceola
Avenue, East of Clearwater Harbor between Drew and Chestnut
streets, being further described ass cF?r"3
That portion of City owned land bounded on the North by the right- -?k((}};94.?;x?
of-way of Drew Street, on the East b the right-of-way of Osceola yWs `'
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 following described tract:
Beginning at the NE corner of Section 16, Township 29 South, Range
15 East, Pinellas County, Florida, and run thence West aloe the '`M`y'"'E•t
North line of said Section, 1320.0 feet; thence South along the West '??;•
line of the East 712 of the NE 114 of said Section 16, 1526.16 feet
to an intersection with an Easterly projection of the centerline of
Pierce Street; thence S 89 4510011 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 5W corner of the intersection of
Pierce Street and Osceola Avenue; thence S 88 18142" W along the
South line of Pierce Street, 375 feet to the P.O.B.; thence continue;,
S 88 18-421' W, 270.89 feet along said South line of Pierce Street to `-f .• '
the East right-of-way line of Pierce Boulevard; thence S 19 2413911 E
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along t°%>.,:.??•'S._
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aforesaid East right-of-way along a curve to the right, Chord
x 157.24 feet Arc 157.41 feet Radius 980 feet; thence N B8 16'46"
E, 120.42 feet; thence N 0 1413211 W, 99.80 feet to the P.O.B.
LESS AND EXCEPT that portion of the above described tract ';1-s4?Fa
designated for the Bandshell Site
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y. and no municipal or other public real property constituting the
Memorial Causeway or lands immediately contiguous thereto, more
?rrt
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 Bride and the
Y? 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.<??
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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 development is necessary in the interest of the public
health, safety and welfare of the citizens of Clearwater the City and
approval of such finding at a referendum,,, election conducted
subsequent to the public hearing.
Section 2.02. Qualifications.
The members of the City Commission shall be qualified eleaters voters
of the City a€--Clearwater and shall have continuously resided in the City
for at least one (1) year prior to submitting a petition for election. The
City Commission shall be the judge of the election and the other
qualifications of its members and of the grounds for forfeiture of their
office.
Section 2.03. Election and terms.
All Commissioners, including
for terms of three (3) years.
Commissioner and two (2) Commisaii
two (2) Commissioners elected
Commissioners shall take office
regular-meeting Thursday in April.
the Mayor-Commissioner, shall be elected
Terms shall overlap, with the Mayor-
anors elected one year, and the additional
the following year. Newly elected
and be sworn in by-or-at on the first
Section 2.o4. Compensation and expenses.
(No change.)
Section 2.05. H.layor-Commissioner, functions and powers.
The Mayor Commissioner shall preside at all meetings of the Commission.,,,
and-shall--be»eaaeidered--a-sseaaber--e€-the»eeaiseieR-and perform such other
duties consistent with the office as may be imposed by the 6#ty Commission
and this charter and shall have a voice and a vote in the proceedings of the
Commissioner but no veto power. The Mayor-Commissioner may use the title of
Mayor in any case in which the execution of legal instruments in writing or
other necessity arising from the general laws of the State of Florida, the
statutes or executive orders of the government of the United States, or this
Charter so require= but this shall not be considered as conferring 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 parpese-e€
serving»sivil service of process, by the Governor for purposes of military
law, and for all ceremonial purposes.
At the €first--Cesiseiea---meatiAg--€ellewiRg--the--ixetallat#eA--e€
Commission-members second Commission meeting in Aril of each ear, the
Commission shall elect one of its members as Vice-Mayor.- The Vice-Mayor
shall act as Mayor-Commissioner during the 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 Commission nor any of its
members shall in any manner dictate the appointment or removal of any City
administrative officers or employees whom the City Manager or any of the
City Manager's subordinates are empowered to appoint.
(b) Except for the purpose of inquiries and investigations, the
Commission or its 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, and neither the Commnission or nor its members
" shall give orders to any such officer or employee, either publicly or
privately. It is the express intent of this Charter that recommendations
for improvement in City operations by individual Commissioners be made to
and through the City Manager.
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Nothing in the foregoing paragraph is to be construed to prohibit
individual members of the Commission from closely scrutinizing by questions
and personal observations all aspects of City operations so as to obtain
independent information to assist the members of the Commission in the
formulation of sound policy.
(c) Holding other office. No present or former City Commissioner shall
hold any compensated appointive City office or employment until one (1) year
after the expiration of the term for which such Commissioner was elected.
Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory
boardst-audit.
(a) Vacancies. The office of a Commissioner shall become vacant upon
the death, resignation or removal from office in any manner authorized ar
required by law or forfeiture of the office, such forfeiture to be declared
by the remaining members of the aCommission.
(b) Forfeiture of office. A member-of-the Commission member 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 law.
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
4. Fails to attend six (b) regular meetings during a twelve (12) month
period whether excused or not, or
. ?„----Seasa+ee--s--gxa?i€#ed--sas?didate-fez:-ar?y-etk?er-elsetive-a?€#ae-at
city, 8auatyt-et8te-er-€ederal-1eve11
(c) Filling of vacancies. A vacancy in the Commission shall be filled
by majority vote of the remaining membez=e-e€-the Commissiop members 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
eleeted appointed 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»-89-the
Commission members 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 Commission members necessary to constitute a quorum,
who shall hold office until the next regular or special election.
(e) Advisory boards. The eity Commission may at any time appoint an
advisory board.Lql or-advisory-beards= composed of men--er--wesmeu--whe-are
` residents of the City a€-Clearwater qualified to act in an advisory capacity
a to the City Commission. An 'advisory board" shall mean any board, group,
committee or commission whose powers, jurisdiction and authority are solely
advisory and do not include the final determination or adjudication of any
personal or property rights, duties or obligations. The members of such
j board, shall serve without compensation for the time fixed in their
appointment, or at the pleasure of the Commission and their duties shall be
to consult and advise with such municipal officers and make written
} recommendations which shall become part of the records of the City.' All
meetings shall be public.
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f ?f B}18?t?,»?B-a99BF??Ag-$9-?ih9-PF89e?NFe9»aA?-FBF?11r?eFBIgeR?iH-FB4?4tfFe?-?)?-?aw• ? `'??''?'?'?'h'?
f) Rerzulatory Hoards. The Commiesion___is__empoweyed to appoint
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board(s) as may be established b law.
regulatory
` ,•
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Section 2.08. Procedure,
(a) Meetings. The commission shall meet regularly at least once in.
?r.'"a'a'•?
9` `•, every month at such times and places as the Commission may prescribe by
' rule. Special meetings may be held on call of the Mayor-Commissioner, the
' City Manager, or any two Commissioners a€--the--membeNo and, whenever
practicable, upon no less than twenty-four (24) hours' notice to each member
and the public. All meetings shall be public. The City Manager and any t°•:};;aW
Commissioner shall have the power to cause any item to be placed on the next
- F
i
:^ compiled agenda.
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' (b) Rules and journal. The Commission shall determine its own rules ??-
and order of business. The City Clerk shall keen a Journal of the ;j r??-':"'•"'
's'
'? Commission nroceedinRe
fs
,! ; ?; , ts?f?'1w lye.
C.
(c) Voting. Voting on ordinances and resolutions shall be by roll call ? ??z?•;,,?.??;',:
".. ? and shall be recorded in the journal. A majority of the Commission shall
-?
,.•: +
constitute a quorum; but a smaller number may adjourn from time to time and ' ,,.
?'.zrr`?:?{:pan
may compel the attendance of absent members in the manner and subject to the y
penalties prescribed h the rules of the Commission.
' Except as provided in Section 2.07(c), Section 3.02 and in the
preceding sentence, no action shall be valid or binding unless adopted by .{
the affirmative vote of the a?ajerity--a€-a--gxer?a-pre9eRtT--ex9ep-that-tk?e
,' ???,??;_ ? adept#eR»RaR6er-x9se?ru?i9A-er-tlae-appaeva?-eF-aeee$taR9e-ef-a-99Rtsaet-Bkak7,
requiFe-the-affirmative-Yate-al-the majority of all the-members-e€--the-city
Commission' members. 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..
2. "Resolution" means an expression of the fifty 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 6iiy 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 Commission, and shall, at least ten (10) 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.
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(d)' Effective date, Except as otherwise provided in this Charter, f'[s Ai.
every adopted ordinance shall become effective tan (lo) days after adoption ;•:''',
or as otherwise specified therein.
(e) Emergency ordinances. An ord?.nance may be passed as an emergency ' •?' ;r??
measure on the day of its introduction if it contains a declaration
y,
describing in clear specific terms the facts and reasons constituting the
emergency and receives the vote of at least two-thirds (213) of the members
of-the Commission members. 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 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 City Commission. In addition, when Charter amendments have been
approved by eiaetere the qualified voters, the Mayor-Commissioner and the
City Clerks --charged-with--keeping-the--jeurRaiT shall authenticate by their
signatures the Charter amendment, such authentication to reflect the
approval of the Charter amendment by the electorate punlified voters.
(b) Recording. The City C1erky-charged-with-keeping-the-jeurnaiT shall
keep properly indexed books and/or microform records in which shall be
recorded, in full, all ordinances and resolutions passed by the Commission.
Ordinances shallT--at--the--direction--e€--the--CemmiasienT be periodically
codified. The City Clerky--ehasged-with-keeping-the-AeuaxaiT shall also
maintain the City Charter in current form and shall enter all Charter
amendments and send a copy of the revised Charter incorporating amendments
to the Secretary of State's office.
(c) Printing. The 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
i 1 • i !
P inspection and available for purchase at a reasonable price to cover the
T,k J coat of reproduction.
ARTICLE III. ADMINISTPLATIVE
Section 3.01. City Manager.
There shall be a City Manager who--shall--be to serve as the chief
administrative officer and chief executive officer of the City. The C, ity
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 residency
within the city within one year of the appointment. The City Manager shall
be responsible to the Commission for the administration of all City affairs
placed in his or her charge by or under this Charter.
Section 3.02. Appointment; removal; compensation.
(a) Appointment. The Commission shall appoint a City Manager by an
affirmative vote of four (4) a€--the Commission members. The City Manager
shall hold office at the pleasure of the City Commission.
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(b) Removal, The Commission may remove the City Manager by an
affirmative vote of four (G) of-the Commission members or by a majority of
a the-membese of the City Commission members voting for removal at two (2)
separate meetings held at least two (2) weeks apart. Upon demand request by
the City Manager a public hearing will be held prior to a vote to remove the
City Manager.
(c) Compensation. The compensatior) 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. The aforementioned designation
shall be limited to a period of sixty (60) days. At the expiration of this
time, the City Commission shall appoint an interim or new City Manager in
accordance with the provisions of the Charter.
Section 3.03. Powers and duties of the eCity H anager.
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 a_nY City employees and
or appointive administrative officers under the City Manager's
jurisdiction provided for or under this Charter, except as
otherwise provided by law. All A such appointments, suspensions,
demotions or removals shall be in compliance with the Civil
Service Law and all applicable rules and regulations of the City
el'-Glearwatea.
(b) Create-or aEstablish or discontinue any department, division or
board,in the administrative affairs of the City, subject to City
Commission approval.
(c) Attend Commission meetings and shall have the right to take part
in discussion but may not vote.
(d) See that all laws, provisions of this Charter and acts of the
Commission which are subject to enforcement by the City Manager
or by officers subject to the City Manager's direction and
supervision are faithfully executed.
(e) Prepare and submit to the Commission in the form provided by
ordinance,,, the annual budgeter and a capital improvement budgets
and a projected capital improvement program for a minimum five
(5) year period.
(f) Submit to the Commission and make available to the public a
comprehensive report on the financeo and administrative
activities of the City as of the end of the fiscal year. In
addition to the comprehensive report, the City Manager shall
submit a quarterly financial report.
(g) Make such other reports as the Commission may require concerning
the operations of City departments, offices and agencies subject
to the City Managers direction and supervision.
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(h) 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.
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(k) Provide such administrative assistance to the City Commission in
connection with their official duties, 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 4.01. City Clerk.
The City Manager shall appoint a City Clerk, which appointment must be
confirmed by the City Commission prior to becoming effective. The City
Clerk or the official representative of the City Clerk shall;
(a) Be custodian of all records, documents and papers of the City;
(b) Attest all documents, contracts and agreements to 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;
(e) Attend all meetings of the City Commission and keep a journal of
its proceedings;
(f) Give notice of Commission meetings to its members and the public;
(No change.)
ARTICLE IV. CITY CLERK; CITY ATTORNEY; LEGAL DEPARTMENT
(g) Perform such other duties as directed or required by law.
4
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Section 3.04. Personnel eyetem.
Section 4.02. City Attorney, legal department.
There shall be a Legal Department, headed by the City Attorney,
operating under the authority of and responsible to the City Commission.
The Legal Department shall consist of the City Attorney, Assistant City
Attorneys, when appointed and authorized by the City Commission, and such
secretarial, stenographic and clerical personnel as the City Commission may
direct.
Section 4.03. City Attorney, appointment, removal, qualifications and
duties.
(a) The City Attorney shall be appointed by the affirmative vote of
four (4) membere-a€-the City Commission members and may be removed either-by ?r
ax-a€€lrmatlve-vets-a€-€eur-E4?-membere--e€--the--6#ty--6emstiee#eR--er by a
majority of the members of the City Commission members voting for removal.
', la-twe-fR3-separate-a;eetlRgs-e€-the-6?ty--eemm#es?eR-geld+-.at-least--twe-423 .µ
weeke-apaet. Upon demand request by the City Attorney a public hearing will x
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 as
the Florida Bar AsseeiatieR.
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(b) Duties. The City Attorney shall act as the legal advisor to the H?
City Commission, the City Manager and all City departments, offices and s.
' agenciest_ vKhen required to do so by the City Commission, the City Attorney F"
shall prosecute or defend, on behalf of the City, all complaints, suite and
controversies in which the City is a party; and shall prepare or review and
approve as to form- and_ legal s_u£ficieneX all contracts, bonds and other ;.,
instruments in to which the City is a party aeReerRed--aad-shall-eR?61is8
ther$'dR»»appreval--eG--d?eappreval--e€-the-€ermY-61t??r?8?8R8y-aR?-BBrre8tR866 ?i
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• theres6t-Ae-e entr?aet•witb-the-City-shall-take--efEest-uAti?--it-h$e--?aeen?se ;?
endeared-an--approved-by-the-City-Attorney. The City Attorney shall perform
such other duties as may be directed by the City Commission or the laws of
Florida. j:
(e) By letter, filed with the City Commission, the City Attorney shall
designate one or more Assistant City Attorneys to perform the duties of City y
Attorney during hie temporary absence or disability. The aforementioned ;1•..
designation shall be limited to a period of sixty (60) days. At the
expiration of this time, the Gity Commission shall appoint an interim or new
City Attorney in accordance with the provisions of the Charter.
Section 4.04. Assistant city attorneys, special counsel. `-'
(a) The City Attorney shall appoint as many Assistant City Attorneys, :..
and-aaeigA-te-thaat-sash-dut#esr as authorized by the City Commission. "a*
(b) The City Commission, when it shall deem it appropriate, may employ.
special counsel, outside of the Legal Department, who shall conduct such '~f
investigations and perform such services as the Commission may direct and
who shall report directly to the Commission.
Section 4.05. Compensation.
The City Commission shall fix and provide for the compensation to be
paid to the City AttorneyT-Aceisttant-City-Atterney4a)T and Special Counsel.
ARTICLE V. PLANNING AND ZONING
The City Commission is authorized to regulate and--Festsiet the
comurehensive planning and zoning of the City and -regulate land develn ent
in aueh-a the manner aA?-iR-BBR?liA6$iBR-witk-exeh-ageneies-se-tlae-6esmt3,seieR
stay-.deea?..Aeaaesas??T-as provided by law.
ARTICLE VI. INITIATIVE, REFERENDUM; RECALL
Section 6.01. Initiative.
(No change.)
Section 6.02. Referendum.
(No change;)
Section 6.03. Recall.
The qualified voters of the City of-Clearwater shall have the power to
recall or remove from office any elected official or officials of the City,
for the reasons and in the manner set forth in the General Lars of the State
of Florida, and more particularly Section 100.361, Florida Statutes,
including any amendments thereto.
Section 6.04. Commencement of proceedings.
Any five (S) aualified voters may commence initiative or referendum
proceedings by filing with the City Clerk or other official designated by
the Commission an affidavit stating they will constitute the petitioner's
committee and be responsible for circulating the petition and filing it in
proper form, stating their names and addresses and specifying the address to
which all notices to the committee are to be sent, and setting out in full
the proposed initiative ordinance or citing the ordinance sought to be
reconsidered.
Promptly after the affidavit of the petitioner's committee in filed,
the Clerk or other official designated by the Commission shall at the
committee'e request issue the appropriate petition blanks to the
petitioner's committee at'the committee's expense.
11
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+?i?+" :1t:? .'u"1.' -,'xdi'. a'•LS. :,wE •`wJ ieCP' `'?:t2'.rr -.a: .?5.
rv 'G'. w ?rax'' !'?}`I +t+.• ? Kx:' ;? -? ?,l ?y,hI, •,?, r ?"r..., ;;,i-, ,;:-E.::ttrsx?t' =F?'t
': tl?e91Lc?".T??.?t,iuu7:?:rE,dA='°r...as..$???.«ri??•?..x"?r?`xis''?aaYd;asur}'ue>r??k??'???.+d3ui?'e.??-i:;?itf:a? ;l a:?„?^c'???a'??°ix
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S' Section 6.05. Petitions.
(No Change.)
4
Section 6.06. Procedure to filing.
s
,
'. } (a) Certificate of City eClerki amendment. Within twenty (20) days
after the initiative petst#en--e--#ied-»e--#ve--451-days-aGe?»ths or
aa
referendum petition is filed, the City Clerk or other official designated by
' f• the Commission shall complete a certificate as to its sufficient
a 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 insufficient 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 Cit
• Clerk or other official designated b the Commission within two
Y (2) working
days after receiving the copy of the City Clerk's certificate and files 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 city Clerk oir 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 Jt,i.
of an original petition. If a
petition or amended petition is certified
insufficient, or if a petition or amended petition is certified 1't€:
insufficient and the petitioner's committee does not elect to amend or
request Commission review under subsection (b) of this section within the ''.
''. ;..' time required, the City Clerk or other official designated by the Commission
r,. :. shall promptly present his certificate to the Commission and the certificate
shall then be a final determination as to the sufficiency of the petition.
(b) Commission review. If a petition has been certified insufficient
and the petitioner's committee,does not file a notice of intention to amend
r it or if an amended petition has been certified insufficient, the committee `?f
'°
'
s
may, within two (2) working days after receiving the copy of such .,.
.',;..;
•; certificate, file a request that it be reviewed by the Commission. The
Commission shall within thirty (30) days review and approve or disapprove
it, and the Commission's determination shall then be a final determination
" "y. as to the sufficiency of the petition. =,
Section 6.07. Referendum
petitions; suspension of effect of ordinance.
h•? ..{
;
fir'
=.4;F
When a referendum petition is filed with the City Clerk or other s s,'
Y A'yl?ce
^„ N
official designated by the commission. the ordinance sought to be ayr
.v.,.?,
reconsidered shall be suspended from taking effect. Such suspension shall IN! y Y
_r terminate when: :
1. There is a final determination of insufficiency of the petition, or
2. The petitioner's committee withdraws the petition or
? k?. 3. The Commission repeals the ordinance or
4. A-vote-a€-the-Gky Tabulation of the ballots cast by the Qualified
' voters of the City on the ordinance has bee
n certified. ;:;x
Section 6.08. Action on petitions.
s (a) Action by commission. When an initiative or referendum petition
has been finally determined sufficient, the Commission shall promptly
consider the proposed initiative ordinance in the manner provided in Article
II or reconsider the referred ordinance by voting its repeal. If the
Commission fails to adopt a proposed initiative ordinance without any change
in substance within sixty (60) days or fails to repeal 'the referred
ordinance within thirty (30) days after the date the petition was finally
determined sufficient, it shall submit the proposed or referred ordinance to
the qualified voters of the City. r
!1 12
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i?l 1.1 `T .v. v: .. a$ ? •,,y f'iR'f':: Y T*t:'(S"Li?'y. dwt'1,}?
-,?• '?...' _ ,i+{'°?`• }'r .fir` y .€,
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'?•?'. to .. 'd ( l'i rho i•
4"'yt P L
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w ?- J.? ••E4 S :- -r' e• .t+i ..h.-,?:h :.ry ,.'ai has,l
z+... . ?! r?-. •.353. e.
.._ ?. .... _-s.xa.a....it?:...... oia?1.?3:9Ai?6 t':14]3.•LY1S'i.i.':etit..:..,. _ .. _?.•.L..hs?i.'LHS.'YiOYjSi'uVffi.+7..1.,t?s.•w?re ?..:vV3srLtetM1'Sit.'YSN?i?9iZl.?.>LYEa?...,.»._ " .. _. _ .. ... ,.. . . _......35 ..Aalc 7"]'lSS.'; od>?.a•.;'. 7t lte?:'
(b) Submission to qualified voters. The vote of the City on a proposed
or referred ordinance shall be held not less than ninety (90) days and not
later than one hundred twenty-41204 fifty (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 Commission shall
provide for a special election; otherwise, the vote shall be held at the
same time as such regular election, except that the 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 fifteenth (15th) day preceding the day
scheduled for a vote of the City by filing with the City Clerk or other
official designated by the Commission a request for withdrawal signed by at
least four (4) members of the petitioner's committee. Upon the filing of
such request the petition shall have no further force or effect and all
proceedings thereon shall be terminated.
I Section 6.09. Results of election.
(a) Initiative. If a majority of the qualified eleetess 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 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.
0,
(b) Referendum. If a majority of the qualified eleeters voters voting
on a referred ordinance vote against the referred ordinance, it shall be
considered repealed upon certification of the election results.
ARTICLE VII. GENERAL PROVISIONS
Section 7.01. Charter amendment.
(a) Initiation by ordinance. In addition to Charter amendments
otherwise authorized by law, the Commission may, by ordinance, propose
amendments to any part or all of this Charter, except Article I, Section
1.02, prescribing boundaries, and upon passage of the initiating ordinance
shall place the proposed amendment to a vote of-the-eleatess at the next
general election held within the City or at a special election called for
such purpose.
(b) Initiation by petition.
1. The cLualified voters of the City may propose amendments to
this Charter, except Article I, Section 1.02, prescribing
boundaries, in the manner set forth in Article VI, Section
6.05(x)-(c).
i
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 elesters qualified voters at the next general
or special election held not less than eixty-(604 ninety (90)
days nor more than ninety-904--one hundred twenty 120 days
after certification.
Section 7.02. Charter review advisory committee.
The City Commission shall appoint a Charter Review Advisory Committee
net-lanes:-than in January ly-'1989 1994, and at least every five (5) yoare
thereafter provided the appointmente are made in January of a year preceding,
aC_ity_ election, The Charter 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.
f 13
I
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:L ?.;. •i•'t, ..i. et s .i t''P'? 4: ern ?_.r^1 .v1?r:kY'1{..+.1?.,..,r_.k ., w t4i4i ;:':
.•?4??;(?,, ,?-}: °•."5:" ', - .? ? y?;ryye? f= '.?'.i' tilt.. ';,..:r ::?.'!"t;.•.L?cr :,r-, :IV ss,?
rte';' {{,, ?'.1... ?? : _? i•-: .r. 1s._w.,?„t°.R'?s•.
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ARTICLE VIII. NOMINATIONS AND ELECTIONS
Section 8.01. Siesters gualified_votera.
Any person who is a resident of the City of Clearwater who has qualified
as a voter of the State of Florida, and the County of Pinellas, and who
registers in the procedural manner prescribed by the General Laws of Florida
and the ordinances of the City, shall be a oualified voter of the City.
Section 8.02. Nonpartisan elections.
All nominations and elections for Gity Commission shall be conducted on
a non-partisan basis without regard for or designation of political party
affiliation of any nominee on any nomination petition or ballot,
:i
?J
3?'' . ;?7i • 3; r:i. ??? t
' ?S siW
Section 8.03 Form of ballots. The City Commission shall, by ordinance, prescribe the form of the fXy`G..;°:? i
,i'L•.oid._ ;.•:.rL.y?.?.ii''ryl?in:P:.r'J.?,.vt?.:.. ' v.
ballot and the method and manner of holding and the conduct of all elections X.Sabf'i±-Y+?1
of the City of-Clearwater.,?;
- t.•; fir'' r??f''.
,..
(a) Commission ballots. Candidates for seats on the Gity Commission ?r? x; Ml ;?777yt'..1
grouped according to the sear number for which they area
shall be
candidates. Within these groups, names shall be Placesd on the
ballot alphabetically. No candidate may seek election to more y?ti.`'?;,i:•r,?';
than one seat in an given election.
(b) Charter amendment. A charter amendment to be voted on by the
eleeters oualified 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 "non with a
sufficient blank space thereafter for the placing of the symbol
'X" to indicate the voter's choice or if voting machines are
used, the question shall be placed so as to indicate to the
elector which lever or punch hole is used in order to cast a vote
for or against.
Section 8.04. Nominations.
' The names of candidates for 6#t Commission shall be laced upon the ? g election ballot by filing of a written notice of candidacy with the City ,*i 4
Clerk at such time and in such manner as may be prescribed b ordinance.
'>;
. The ordinance shall require the payment of a qualifying fee in the amount of •a'°',S."?` A•r??rtwenty-€ive-del#are-($25.$04 fifty dollars (S50.00),, The candidate shall A
:;"N"
'
submit a petition whi9h--eha1&_be--s1pned-b cards from not less than two "" ??
hundred fifty (250) elsetese gualifi.ed_voters. .;_ {`r4rti l
The qualifying fee and petition cards are to be received by the City
Clerk not more than sixty (60) days nor less than thirty-five (35) days prior to the date of the election. The notice must designate the number of
-34
the seat for which the candidate is seeking election, All applications .,;' ?
' shall be accompanied by an affidavit that the candidate is a qualified
eleetsr voter of the City a€-GlearWater FIGFida and has been a resident of
said City continuous) for at least one 1 ea?JvF'A"'
r immediately prior to the ?.,,, `3:?'r' ?•.•?, *??;• i?,. , ,?, -?
filing of an-appl#eatioR the notice of candidacy. Where only one candidate
. fy.z:N;y1=f',y ' r r r ?YY••,n: ? '1
qualifiede for nomination to a seat on the City Commission, then no general
4•?4?f°'?, ...-
election shall be held with respect to the seat and the candidate shall be
00
declared elected to the asst.
Section 8.05. Elections.
?. rg`; , r 'arc ? f ?•' i'r- ? s
{a) Gi4ty Commission positions. All members of the City Commission
,F except as otherwise provided by the Charter, shall be elected at large by the qualified voters of the City a€-Blear rater .t j'
4 ..('fib .
. gyp. ? f?4sr,.
. r' 14 err • ?t ? r3?' ??'"1?A?i".?r.:wy?'??X' ;
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-fir" . {g??, .7,s .? t':?. ;.:t• ..y ?f.'? ? ?,i;N ? tF'' e.a: ? ..?,?;ti °' „.j
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'."IS,. I:",?. s"Yx`?``?..sv' .,-"i?.,?,.?f s.. ?:ft.a ?s.•?? ti: t„ :?? °+i• a¢?:?'1'?:` .'.?.-.r'tav.,?,. d?.. a?z?°rrv:'t,.
? .e, a¢,. :..i. ..sF,,? ,_?,..'-'?,?,. '. ?1. ?"f w •'!,` ;'1 ,N.< f :.i, .`t
i'.}^ .i t -*?? ?#. 'sL%t r':r aL: ?? 'r; r^.:??.. - !'4::'r+-i .'" ,.L:;. •: - • lit''??;'a,?' w ?e; ti+1'
s? '?t:?'?3; ^r•j ,°? F. ;i?,iS•? .r: ?.5. ;fir .. _+• :.e., ,.?.' '?.? vn.• '?, .,?,.•SS'-1.?.?..•? .2t, a.??;?'_',;'.,`• :3x-G?
._1 _`?..,_ 1..C?_;?- ??e,?S_...e.. ,`,:c.? c.: _r_ .. .-,...., r-r••:.r_??i?A_f ., .,>_. _ .... ?'a• _ '3.... -..a rs':. ?:.. .,. .... ._ _:.
(b) Regular elections. Regular City elections shall' be held on the
second Tuesday in March of each year,in which -a Commission term expires.
j (c) Special elections. Special municipal elections may be called by
the City Commission at any time for such purposes as are authorized by this
Charter or by law. Notice of all special elections shall be published in a
City daily newspaper in accordance with State Statutes.
i
(d) Canvassing Board. The City Commission shall meet as a canvassing t
board within twenty-four (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 coniunction with an election conducted by Pinellas
County, in which case the certification of the returns by the County
Canvassing Board may be accepted as the certification of the municipal
election returns.
:i
ARTICLE IX. FISCAL MANAGEMENT PROCEDURE
Witkin-tk?ee--4S?-maatks--a€teF-the»»adept#ea-a€»Gkis»CkaeGes?r-tke-City
Ceasnissiea-skald-adept--by--esdiHaase--a--€iseals--saaaagea?eat--preseduEe-sods
providing--a---somprekeasive--system--a€--€ioeai--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 one 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.
ARTICLE X. TRANSITION SCHEDULE
(No Change)
Section 2. The amendments proposed by this ordinance shall be subject
to approval by the voters of the City. A special election for such purpose
shall be conducted on Tuesday, March 14, 1989, in conjunction with the
regular election of the City, and the proposed amendments shall be deemed
approved upon the affirmative vote of a majority of the voters of the City
voting upon the following ballot question:
CITY OF CLEARWATER
CITY CHARTER AMENDMENTS
QUESTION NUMBER ONE
Shall the City Charter amendments proposed by ordinance 4768-89,
relating to competitive bidding, leases of municipal property,
rights of way over recreation/open space land, City Commission
terms of office and vacancies, appointment of regulatory boards,
City Commission votes on any action, residency of City Manager,
removal of City Attorney, land development regulation, initiative
and referendum procedures, charter amendment petition procedures,
qualifying fees for candidates, City election procedures, and
certain other matters, be approved?
Yes (for amendments)
No (against amendments)
f f
.r
• :t1{i?
-
Section 3. This ordinance shall take effect immediately upon
adoption, except that the amendments proposed by Section 1 shall take effect
when filed with the Florida Department of State, if approved by the voters
of•the City as provided in Section 2.
, t
PASSED ON FIRST READING January 5, 1989
PASSED ON SECOND AND FINAL
READING AND ADOPTED January 9, 1989
&44A?
s Mayor-Commissiane
Attest:
" - City lark -. .
Approved as to form
and.cortectness:
' w
City Attorney
16