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ORDINANCE NO. 3488-84
AN ORDINANCE OF THE CITY OF CLEARWATER,FLORIDA,
AMENDING SECTION 22.43, CREATION OF THE BOARD;
COMPOSITION AND PROVISIONS RELATING TO MEMBERS,
OF CHAPTER 22, APPOINTIVE BOARDS AND COMMITTEES,
OF TITLE II, ADMINISTRATION, OF THE CODE OF
ORDINANCES, CITY OF CLEARWATER, TO REMOVE THE
MAYOR-COMMISSIONER AND CITY MANAGER AS EX-OFFICIO
MEMBERS, AND TO REFLECT THE CORRECT MEMBERSHIP
ON THE BOARD; PROVIDING FOR REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING
FOR THE SEPARABILITY OF THE PROVISIONS HEREOF;
PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the Clearwater Downtown Development Board was originally
created by Special Act of the State Legislature, sea Chapter 70-635,
Laws of Florida; and
WHEREAS,-subsequent to its creation, the State Legislhture
turned the Special Act into an ordinance, making the same subject
to being amended by the Clearwater City Commission, see Chapter
77-367, Laws of Florida 1977; and
WHEREAS, the City Commission wishes to amend Section 22.43
of the Clearwater Code of Ordinances to remove the Mayor-Commissioner
and the City Manager'as ex-officio members;
i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Section 22.43, Creation of the board; com-
position and provisions relating to members, of Article IV,
Downtown Development Board, of Chapter 22, Appointive Boards and
Committees, of Title II, Administration, of the Code of Ordinances,
.City of Clearwater, be and the same is hereby amended and re-
lettered to read as follows:
Sec.. 22.43.
'(a) There is hereby created a board composed of seven-{_74
six (6) members and to be known officially as the
"Clearwater Downtown Development Board."
(b) Six (6) xo?Fi ss-i?er members of the board shall be
elected for three-year terms, with two (2) members
being elected each year, at.a date specified in the
..bylaws,'by.the electors and by the designated voting
representatives of any corporations or other artificial
legal entities owning property within the taxing dis-
trict and by any other persons owning property within
the district. 'Corporations or other artificial legal
entities desiring to designate a voting representative
with'the board shall do so within,two (2) weeks prior
to the mailing of the ballots, in;-the form and manner
i. •' ..' . ' specified in the bYlaws . In an election, each
' _ .. ' Y quali=._
:. rd 3488-84, -1- 4-19-84
Creation of the board; composition and
provisions relating to members.
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0
Pied voter shall have the right
additional person on the ballot
ballot postmarked two (2) weeks
mailed shall be null and void.
containing fewer than two (2) v
void.
to write in any
for each office. Any
later than the date
Similarly, any ballot
otes shall be null and
(c) For the first election following the passage of this
article (Laws of Fla., Chapter 75-»358), four (4)
persons shall be nominated as board
members for two (2) offices with initial one-year
terms, four (4) for two (2) offices with initial
two-year terms and four (4) for two (2) offices with
initial three-year terms. Each qualified voter shall
vote for six (6) nominees, and the two (2) nominees
receiving the greatest number of votes for each
office shall be elected. Any ballot containing fewer
than six (6) votes shall be null and void.
(d) Two (2) q?n -G? - board members shall be elected
at each subsequent annual election, for which flour (4)
persons shall be nominated. Each qualified voter shall
vote for two (2) of those nominated for office. The.
two (2) nominees receiving the greatest number of votes
shall be elected as noncommissioner board members and
shall serve for three-year terms.
fe}--The-mayer-eemmissioneE-eE-designee-and-the-eity-manager-
e?-hie--desigeee--si?al?-se??ae-ae-ex-of€?e}e-xenveting
mepabe?e'-ef -tl?e-1?ea?d:
(e)ke} To qualify for service on this board and to remain
qualified for services an it, the board member shall
have his principal place of business or employment
in the downtown area, emeept-99E-eemmiseieneE-members=
or shall hold property in the downtown area.
(f)fg} Any vacancies in office shall be filled after the
nomination of at least two (2) individuals for that
office, and the mailing of ballots to the freeholders
in the downtown area within thirty (30) day's of the
occurrence of that vacancy.
?h} Each member of the board shall serve without compen--.::
sation for services rendered as a member, but may be
reimbursed by the board for necessary and reasonable
expenses actually incurred in the performance of duty.
The board may require that.:&ll its members or any or all
of its officers or employees be required to post bond
for faithful performance of duty;. the board shall
require such bond of all persons authorized to sign on
accounts of the board, and the board shall pay bonding
costs. No member of the board shall be personally
liable for any action taken in attempting in good faith
to perform his duty, or for a decision not to act,
except in instances of fraud or willful neglect of duty.
Section 2. All ordinances, or-.parts' of ordinances .in..conflict
herewith are to the.extent of such conflict hereby repealed.
Section'3. Should any part or provision of this ordinance be
declared by a ,court of competent jurisdiction to be invalid, the
same shall not affect the validity of the ordinance as a whole, or
any part'thereof other than the part declared to be invalid.
• Section 4.. 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 5. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING April 5, 1984
PASSED ON'SECOND AND FINAL
-READING AND ADOPTED AS AMENDED A ril 19, 1984
Mayor- ommissioner
City .Clerk 4 -
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"#w 'f:F;. {; .} - 1. ?i': ?.?,•f : ,
°:r(.,,-z' ard.' 348884' 4-19-84