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ORDINANCE NO. 1649
AN ORDINANCE AMENDING THE CITY CHARTER, CHAPTER
9710, SPECIAL LAWS OF FLORIDA, 1923, AS AMENDED,
TO PROVIDE FOR THE EXISTENCE OF THE CITY'OF
CLEARWATER, FOR THE FORM OF GOVERNMENT, FOR
THE DISTRIBUTION OF POWERS, FOR THE TERMS OF
ELECTED OFFICERS AND THEIR MANNER OF ELECTION;
TO PROVIDE FOR THE SEPARABILITY OF THE PROVISIONS
HEREOF; TO PROVIDE FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND TO PROVIDE FOR THE EFFECTIVE DATE
OF THIS ORDINANCE, AFTER APPROVAL AT REFERENDUM.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Charter, Chapter 9710, Special Laws of Florida,
1923, as amended, is hereby amended in its entirety to read as follows:
ARTICLE I - CREATION AND POWERS
Section 1. 01 - Creation and Powers
(a) The City of Clearwater, Florida, is created which 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.
(b) The City may exercise any of its powers or perform any of its
functions and may participate in the financing thereof, jointly or
in cooperation, by contract or otherwise, with any one or more states
or civil divisions 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 welfare of its inhabitants. The specific mention of
particular powers of the Charter shall not be construed as limiting
in any way the general power stated in this section of Article I.
(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 - Cor orate Boundaries
The corporate boundaries of the City of Clearwater shall remain fixed
and established as they exist on the date this Charter takes effect,
provided that the City shall have the power to change its boundaries in
the manner prescribed by law.
ARTICLE II - LEGISLATIVE
Section 2. 01 - City Commission; Composition; Powers
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(a) Composition. There shall be a City Commission composed of
five (5) commissioners, including the Mayor-Commissioner, all
of. whom shall be elected at large by the qualified voters of the
City of Clearwater.
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(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 for the exercise thereof and for the performance of all duties
and obligations imposed upon the City of Clearwater by law.
(c) Limitations. The legislative power provided herein shall have
the following limitations:
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(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 (2076)
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 unincumbered
funds carried forward from a prior fiscal year.
(2) City purchases in excess of $5, 000 shall be made from the lowest
responsive and responsible bidder and contracts shall be awarded
to the lowest responsive and responsible bidder. 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, permits
for dredging or filling in excess of 4, 000 cubic yards below the
mean high water line may be authorized only after properly
advertised public hearings before the City Commission and
approval at referendum.
(4) 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, no real property may be
given away or donated without prior approval of the electors of the
City of Clearwater at a referendum. No right-of-way or easement
ending either at a body of salt water or a body of fresh water may
be vacated for the benefit of private individuals. Real property
declared surplus may only be sold to the party submitting the highest
competitive bid above the appraised value, except where the surplus
real property is proposed to be sold to another governmental entity.
Surplus real property may be sold to another governmental entity
without competitive bidding for a price not less than ten per cent
(1016) below the appraised value. Surplus real property may be
exchanged for other real property having a comparable appraised
value. No real property used for public recreation, or for the
purpose of access to a public recreation area, or which is planned
for recreational use may be disposed of without prior approval of the
electors in a referendum. Except in the case of municipal real
property located in an industrial park, other municipal real property
which has been declared surplus may be leased for a maximum
period of fifteen (15) years. A proposed lease of municipal real
property, other than property located in an industrial park, for a
period of time exceeding fifteen (15) years shall first be approved by
the electorate 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.
Leases 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 City's investment, including a
rent escalation clause. All leases of municipal real property shall
contain recapture and reverter clauses.
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The members of the City Commission shall be qualified electors of
the City of 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.
1, Section 2.02 - Qualifications
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Section 2. 03 - Election and Terms
All Commissioners, including the Mayor-Commissioner, shall
be elected for terms of two (2) years. Terms shall overlap, with
the Mayor-Commissioner and two (2) Commissioners elected one
year, and the additional two (Z) Commissioners elected the following
year. Newly elected Commissioners shall be sworn in by or at the
first regular meeting in March.
Section Z. 04 - Compensation and Expenses
The Commission may determine the annual salary of Commissioners
and the Mayor-Commissioner by ordinance, but no ordinance increasing
such salary shall become effective until the date of commencement of
the terms of Commissioners elected at the next regular election,
provided that such election follows the adoption of such ordinance by
at least six (6) months. Commissioners shall receive their actual and
necessary expenses incurred in the performance of their duties of office.
Section 2. 05 - Mayor-Commissioner, Functions and Powers
The Mayor-Commissioner shall preside at all meetings of the Commission
and shall be considered a member of the Commission and perform such
other duties consistent with the office as may be imposed by the City
Commission and shall have a voice and a vote in the proceedings of
the Commission but not 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 purpose of serving civil process, by the Governor
for purposes of military law, and for all ceremonial purposes.
At the first Commission meeting following the installation of Commission
members, 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.
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(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
Commission or 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.
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 Z. 07 -" Vacancies; Forfeiture of Office; Filling of Vacancies;
Advisor 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 forfeiture 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 member:
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 (6) regular meetings during a twelve (12)
month period whether excused or not.
(c) Filling of Vacancies. A 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 members 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) dais 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'
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Section Z. 08 - Procedure
(a) Meetings. The Commission shall meet regularly at least once`
in every month at such times and places as the Commission may s
prescribe by rule. Special meetings may be held on call of the
Mayor-Commissioner, the City Manager, or any two of the members'
and, whenever practicable, upon no less than twenty-four (24)
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hours' notice to each member and the public. All meetings shall
be public. The City Manager and any Commissioner shall have the
power to cause any item to be placed on the next compiled agenda. _
(b) Rules and Journal. The Commission shall determine its own
rules and order of business.
(c) Voting. Voting on ordinances and resolutirns shall be by roll call
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 may compel the attendance of absent members v
in the manner and subject to the penalties prescribed by 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 majority of a quorum present, except
that the adoption of an ordinance, resolution or the approval or
acceptance of a contract shall require the affirmative vote of the
majority of all the members of the City Commission.
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. ;
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assembly a quorum, then in such case the Governor shall appoint r?6
that number of Commission members necessary to constitute a;,;??.lq"??
quorum who shall hold office until the next regular or special f
election. j ,=x
(e) Advisory Boards, The City Commission 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.
The members of such board shall serve without compensation ;
for the time fixed in their appointment, or at the pleasure of the s . " .....; ...:; `:''
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 y:
be public '4;;,?.;, t'y1,
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by a firm of Certified Public Accountants of all City accounts and
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may provide for more frequent audits if the Commission deems it
o firm shall be employed for more than five (5)
necessary. N
.r,;.,.y?;.,, e:y?s:,.-.•h?",.??t,-, x.•consecutive ears. All audits shall be according to the procedures
and requirements required by law.
2. "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.
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(b) Form. Each ordinance or resolution shall be introduced in ,, ? :<; ., , •s°:., ; ???
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 sat out i ,
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 spacial y 4
meetings of the Commission, and shall, at least seven (7) 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 r•; .w?
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The notice shall also advise that interested parties may appear
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at the meeting and be heard with respect to the proposed ordinance. 4Fx`?f?ri-e..
(d) Effective date. Except as otherwise provided in this Charter,
every adopted ordinance shall become effective tan (14) days
after adoption or as otherwise specified therein.
(e) Emergency Ordinances. An ordinance may be passed as an emergency
measure on the day of its introduction if it contains a declaration
describing in clear and specific terms the facts and reasons
constituting the emergency and receives the veto of 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 and of such ninety (90)
day period unless during the time of such period the ordinance is
submitted for adoption in the manner provided for nonamargency
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 Z. 10 - Authentication, Recording and Disposition of Charter
Amendments, Ordinances and Resolutions
(a) Authentication. The Mayor-Commissioner and the City Clark
shall authenticate by their signatures all ordinances and resolutions
adopted by the City Commission. In addition, when Charter
amendments 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.
(b) Recording. The City Clerk charged with keeping the journal shall
keep properly indexed books in which shall be 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 shall also maintain
the City Charter in current form and shall enter all Charter amend-
ments and send a copy of the revised Charter incorporating amend-
ments to the Secretary of State's Office.
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(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 inspection and available for purchase
at a reasonable price to cover the cost of reproduction.
ARTICLE III - ADMINISTRATIVE
Section 3. 01 - City Manager
There shall be a City Manager who shall be the chief administrative
officer and chief executive officer of the City. The Manager shall
be appointed on the basis of administrative qualifications and training.
The City Manager need not be a resident of the City or State at the time
of appointment. The City Manager shall be responsible to the Commission
for the administration of all City affairs placed in his charge by or
under this Charter.
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Section 3. 02 - Appointment-, Removal; Com ensation
(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 Commission 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 atWo (2) separate meetings hold 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.
No Assistant City Manager designated as provided herein may function
as City Manager for a term longer than thirty (30) days at one time.
Section 3. 03 - Powers and Duties of the City Manager
The City Manager shall:
(a) Appoint and, whenthe City Manager deems it necessary for the
good of the City, suspend, demote or remove all City employees and
appointive administrative 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 regulations of the City of Clearwater.
(b) Create and establish and 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 subject to enforcement by the City Manager or by
officers subject to the City Manager's direction and supervision,
are faithfully executed.
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(e) Prepare and submit to the Commission in the form provided
by ordinance the annual budget and capital improvement budget
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 finances 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 Manager's direction and supervision.
(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 sot
forth the organizational and operational procedures :4f the City
government.
(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 3. 04 - Personnel System
Appointments and promotions of City officials and employees, except
those specifically exempted by ordinance, shall be made solely on the
basis of merit and fitness demonstrated by examination or other
evidence of competence as provided by law.
ARTICLE IV - CITY CLERK; CITY ATTORNEY; LEGAL DEPARTMENT
Section 4. 01 - City Clerk
The City Manager shall appoint a City Clerk, which appointment must
be confirmed by the City Commission prior to it becoming effective.
The City Clerk or the official representative of the Clerk shall be:
(a) 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 electiono;
(e) Attend all meetings of the City Commission and keep a journal
of its proceedings;
(f) Give notice of Commission meetings to its me»nbars and the public;
(g) Such other duties as directed or required by law. G
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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 r
(a) The City Attorney shall be appointed by the affirmative 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 removal in two (Z) separate meetings of the City Commission
held at least two (Z) 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 contracts, bonds and other instruments
in which the City is concerned and shall endorse thereon approval
or disapproval of the form, sufficiency and correctness thereof;
no contract with the City shall take effect until it has been so endorsed
as 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.
(c) By letter, filed with the City Commission, the City Attorney shall
designate one or more A ssistant City Attorneys to perform the
duties of City Attorney during his temporary absence or disability.
Section 4. 04 - Assistant City Attorneys, Special Counsel
(a) The City Attorney shall appoint as many Assistant City Attorneys,
and assign to them such duties, as authorized by the City Commission.
(b) The City Commission, when it shall deem it appropriate, may
employ special counsel, outside of the Legal Department, who shall
conduct such investigations and perform such services as the
Commission may direct and who shall report directly to the
Commission.
Section 4.05 - Com ensation
The City Commission shall fix and provide for the 'compensation to
be paid to the City Attorney, Assistant City Attorney(s), and Special
Counsel.
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ARTICLE V - PLANNING AND ZONING
The City Commies! on is authorized to regulate and restrict the planning
and zoning of the City in such a manner and in conjunction with such
agencies as the Commission may deem necessary, as provided by law.
ARTICLE VI .. INITIATIVE, REFERENDUM, RECALL
Section 6. 01 - Initiative
The qualified voters of the City shall have power to propose ordinances
to the Commission, and, if the Commission fails to adopt an ordinance
so proposed without any change in substance, to adopt or reject it at •
a City election, provided that such powers shall not extend to the budget
or capital program or any ordinance relating to appropriation of money,
levy of taxes or salaries of City officers or employees.
Section 6.02 - Referendum
The qualified voters of the City shall have power to require reconsideration
by the Commission of any adopted ordinance and, if the Commission fails
to repeal an ordinance so reconsidered, to approve or reject it at a City
election, provided that such power shall not extend to the budget or capital
program or any emergency ordinance or ordinance relating to
appropriation of money, levy of taxes or appointment or salaries of City
officers or employees.
Section 6. 03 - Recall
The 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 Laws
of the State of Florida, and more particularly Section 100. 361, Florida
Statutes, including any amendments thereto.
Section 6. 04 - Commencement of Proceedings
Any five (5) 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 re-
considered.
Promptly after the affidavit of the petitioner's committee is filed, the
Clerk or other official designated by the Commission shall at the
committee's request issue the appropriate petition blanks to the
petitioner's committee at the committee's expense.
Section 6.05 - Petitions
(a) Number of Signatures. Initiative or referendum petitions must
be signed by qualified voters of the City equal in number to at least
ten per cent (10%) of the total number of qualified voters
registered to vote in the last regular City election.
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and style and shall be assembled as one instrument for filing. Each
signature shall be executed in ink or indelible pencil and shall be
followed by the address of the person signing. Petitions shall contain
or have attached thereto throughout their circulation the full text
of the ordinance proposed or sought to be reconsidered.
(c) Affidavit of the Circulator'. Each paper of a petition shall have
attached to it, when filed, an affidavit executed by the circulator
thereof stating: that the circulator personally circulated the paper;
the number of signatures thereon; that all the signatures were affixed
in circulator's presence; that the circulator believes them to be the
genuine signatures of the persons whose names they purport to be;
and that each signer had an opportunity before signing to read the
full text of the ordinance proposed or sought to be reconsidered.
(d) Time for Filing Referendum Petitions. Referendum petitions
must be filed within sixty (60) days after the effective date of the
ordinance sought to be reconsidered.
Section 6. 06 - Procedure to Filing
(a) Certificate of Clerk; Amendment. Within twenty (20) days after
the petition is filed, five (5) days for a referendum, the City Clerk
or other official designated by the 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 by the Commission within two (2) working days
after receiving the copy of the 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 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 Commission review under subsection
(b) of this section within the 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.
(b) 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 Commission shall review and approve or disapprove it, and the
Commission's determination shall then be a final determination as
to the sufficiency of the petition.-
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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. After a vote of the City on the ordinance has been certified.
Section 6. 08 - Action on Petitions
(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 voters of the City.
(b) Submission to Voters. The vote of the City on a proposed or
referred ordinance shall be held not less than ninety (90) days
and not later than one hundred twenty (120) 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 with-
drawal 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.
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
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.
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upon certification of the election results.
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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 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 to this Charter,
except Article I, 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 election held not less
than sixty (60) days nor more than ninety (90) days after
certification or at a special election called for such purpose.
Section 7. 02 - Charter Review Advisory Committee
Five years after the adoption of this Charter and at least every
ten (10) years thereafter, the City Commission shall appoint a City
Charter Review Advisory Committee. 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.
ARTICLE VIII - NOMINATIONS AND ELECTIONS
Section 8.01 - Electors
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 voter of the City.
Section 8. 02 - Non-partisan Elections
All nominations and elections for City 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.
Section 8. 03 - Form of Ballots
The City Commission shall, by ordinance, prescribe the form of the
ballot, and the method and manner of holding and the conduct of all
elections of the City of Clearwater. A Charter amendment to be voted
on by the electors 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 "for" and also the word
"against" 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 is used in order to cast his vote for or against.
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Section B. 04 Nominations
The names of candidates for City Commission shall be placed upon
the election ballot by filing of a written notice of candidacy with the
City Clerk at such time and in such manner as may be prescribed by
ordinance. The ordinance shall require the payment of a qualifying i
fee in the amount of Twenty-five Dollars ($25. 00). The candidate >
shall submit a petition which shall be signed by not less than two hundred
fifty (Z50) electors. The qualifying fee and petition are to be received
by the Clerk not more than sixty (60) days nor less than thirty-five (35)
days prior to the date of the election. The petitions shall indicate
whether the candidate is seeking the seat of Mayor-Commissioner or
City Commissioner. 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.
Section S. 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 the City of Clearwater.
(b) Regular Elections. Regular City elections shall be held on
the second Tuesday in February of each year.
(c) Special Elections. Special municipal elections may be called
by the 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 daily newspaper published in the City once a
week for the four (4) weeks immediately preceding the election.
(d) Canvassing Board. The City Commission shall meet as a
canvassing board within twenty-four (Z4) hours after the closing
of the polls in any municipal election and shall canvass the
election returns.
ARTICLE IX - FISCAL MANAGEMENT PROCEDURE
Within three (3) months after the adoption of this Charter, the City
Commission shall adopt by ordinance a fiscal management 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 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
Section 10.01 - Continuation of Former Charter Provisions
All provisions of Chapter 9710, Special Acts of 19Z3, Florida Legislature,
as amended by special law or otherwise, which are not embraced herein
and which are not inconsistent with this Charter shall become ordinances
of the City subject to modification or repeal in the same manner as other
ordinances of the City.
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Section 10. 02 - Ordinances Preserved
All ordinances in effect upon the adoption of this Charter to the
extent not inconsistent with it, shall remain in force until repealed
or changed as provided herein.
Section 10.03 - Rights of Officers and Employees
Nothing in this Charter except as otherwise specifically provided
shall affect or impair the rights or privileges of persons who are
City officers or employees at the time of adoption. City Commissioners
shall continue to hold their offices and discharge the duties thereof
until their successors are elected.
Section 10. 04 - Pending Matters
All rights, claims, actions, orders, contracts and legal or
administrative proceedings involving the City shall continue
except as modified pursuant to the provisions of the Charter.
Section 10. 05 - Schedule
(a) Effective Date. ARTICLE VIII of this Charter relating to
nomination and election of City officials shall take effect
immediately upon passage of this Charter at referendum.
(b) Time of Taking Full Effect. This Charter shall be in full
effect for all purposes on and after the date and time of the
first meeting of the City Commission following the elections
on the second Tuesday in February.
(c) Initial Salary of Commission Members. Members of the
Commission shall receive an annual salary equal to that in
effect under the prior Charter until such time as changed in
accordance with this Charter.
(d) Transition Ordinances. The Commission shall adopt ordinances
and resolutions required to effect the transition. Ordinances
adopted within sixty (60) days of the first Commission meeting
under this Charter for the purpose of facilitating the transition
may be passed as emergency ordinances following prrcedures
set up by law except that transition ordinances shall be effective
for up to ninety (90) days after enactment.
Section Z. If any provision of this ordinance or of any policy, or order
thereunder of the application of such provision to any person or circumstances
shall be held invalid, the remainder of this ordinance and the application of such
pr,.vision of this ordinance or of such policy, or order to persons or circum-
stances other than those to which it is held invalid shall not be affected thereby.
Section 3. Notice of the proposed enactment of this ordinance has been
properly advertised in a newspaper of general circulation in accordance with
Chapter 166.041, Florida Statutes.
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Section 4. The amendments to the City Charter, Chapter 9710,
Special Laws of Florida, 1923, as amended, contained within Section 1,
must be approved by a vote of the electors at a referendum election
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PASSED ON FIRST READIir?j
AS AMENDED December 16, 1976
PASSED ON SECOND AND FINAL
READING AND ADOPTED January b, 1977
AS AMENDED
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cot,
xl `y ti,; published at Clearwater in Pinellas county, rlorldai that the attached espy of "Iq
? +tITMT?rre+Wreaoombli e"Ir `. '
I1r - q lrMte
,,. advertisement, being a '.: ....... Notice. .of.Proposed . Cdri?hi lu. dwrw"
Enactment ...... nR++ M
rIi;°f PJII.ee D ? tno. SW
eel4 r .
:r??:• ? •_ , , ......... A9, Axdilla(nc@ ............ . ...... . ... . .. . . . .. " ..: In the matter of
d u;rsFlt.r?. ;re,rrrye; rrrr,? ,
Qxdina(nca, No.... 3,649 ............ . . . ......
iL4;•??a .. . . . .:. . ....... " .. , .. alficT! y'M rdlrell' , i ':, . 8 _ ' l:` • S y . .
?gA .......................... . ....................................... . ................. 'As t Ifs 4f r '
t3 i.
' i0rtler Ir1A [feed, :'.?
;`•'sj`r? y
? XIMe XXX3{}[?C}O{XXXXXXX. ...,. •...MRS" was published In ,aaTlhtslW,tarMtrr C*I
3°'• said newspaper In the Issues of ....Dc#3111}?err 15e976 ..................... 'trnysN,
......., } GWCUM;topnrldrImptk M?MIPd.{i 1!i
............... . .. 1 , : .. ..:
OR tbt ?,.t`trp, ?fA1f 1 r4 yfOY Y
tr r,..:
Affiant further says that The sold Clearwater Sun is a newspaper published at I'd rotle? for I Pal 1`?
Clearwater, in said Pinellas county. Florida, and that The said new wr s!!.e
' ?'3•:?:='' heretofore been contiriuausl (paper has qP%0 lMr:rm '
e r ?: y published In said Pinellas County, Florida, eaeh day and
has been entered as second class mail matter at the post office in Clearwater, In said `0ld"? ?f ?' i Ls , _:;?:e:: s.:;.•, ?,
:• Yepeetad by Pinellas County, Florida. for a period of one year next preceding the tarsi publication of MyAttantl'.77?rerloortf0*Cky"A.
lu >ti 00MU A"W. l?nrrarr, r1aT r, :. '' . ' ' : ' 's i r::1.:• •.:
the attached copy of advertisementr and afflant further at h/,Wid' neither paid , c.. , ,,,',,, :v..•-; .
-'s•,? , nor promised any person, firm or corporation any disc , is a, Comon or refund
r, • #• for the purpose of securing this advertisement for b /uso,Irboas dm,ybo tpl„„t
l on in newsp aper. "or thepurpwofbfthuia+rwnrpal
',?•;;:..:4 btMpapawdwau„,or, :.. ,• _' r,•. ?'....+,'yyiys `,4y: i:?;ta??:?;'''':'':;;?
`:t r': . • Cq or CMrrtYer 1'Ictkrt"'•,'?''?• ."_?;•?;, y:.,'.i"Y?'..° ••: •}'.. ?
n: U. 1rWAhood, ? l:Mt?•
}' i•• . ..... Uee.;lr, '?t5. ,-? „x'.. ?' 'r0? .,Y t-A,•?«`•,?''?e::l:'.zSf?? ;?? ii:.
Sworn to and subscribed before me ??: ?`? fi''??1- , ?-'•???';{?;?„
?rlti`h`< this
day o Z1: A. D. Is..76
it'.,? 1t ? :? ? 81Y Ct;: ' :._ '• T? rf rrf•^t'T ? ' 1j tt ?{.+ f a:` -.?
',r. sy - ??..;Ljl l:.r , ', ' 1 rr [113CtE 1' ?.? •??. S, .
(SEAL)• ?tot lua blc .:?? ?o,enu+u r.cz:, _ ,}
J• + 1 ,?
C5-309 ;J
T? . Yip
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(•t:` CU"WATER SUN
r
Published Dally
?.4 Clearwater, Pinellas County, Florida
1, .1,
( "tom dTATZ OF FLORIDA
CO'VMTT Or PIIN>ILLAM
?,•, )'afore the undersigned authority personally appaand W. Paul ifarrle, who on oath says that be Is the Business Manager of the Clearwater dun, a dally newspaper ;,V : , •.. PAns;taeoraROlrrANCC;'':.;,-,
f published at Clearwater in Pinellas County, Floddal that the attached Copy Of ORDINANCENo.l1a ? t•
Na?ice o Pas e o O ?.•C1121 nWet •Rm?q,? u,ra1y Clrrt•:.
l. or Pieria.. M
advertisement. being a5 ..... ... 41.g. , . K a,.t,ter m ?. aprdsl n
... • • • • • • • • Im, n ?nxsided a: de rot:tlr ek...
.,.... ,.9 in the matter of t ?of ttlr.Cltr Of stw.:loe,uM':,
t for or ?;:
`
Ordinance N 164.. . , ... . eem
................. . .t,a thei' r f rm r muw of eknlooa 1.
` for Iht,ty.r>,wulr+r d*' 'een•;,
..... , .............. . . f err; P tar PMR , 1*,Gf tx agaud +'
r # ensdmllt i and u p rot tlr dt+etlre 2
X} e , .... ,}0{X „' was published In : a.(rar IhR ordjUaot.°QW ?.
? ,' • Pufed'aa rlnt readint of unended,-Ik-` `;
said newspaper In the Issues of .... aannaxy..i1,197.7... ...............
1'.. Paurd an ienstd and r;,u1 re+dtM tu,d
................ 14doytrd s $Mff ded, JX%WAT II. t rrt.• : '.
l . ' ' 1Fr.Gahrtrl C:rarea
i!a+rarronimrxler=_
Aftiant further says that the said Clearwater Sun Is a newspaper publlsbed at
Clearwater, In sold Pinellas County, Florida. and that the said newspaper bee a; WNtefiead; •#,? ..`.; kr; ?'?•?"?'.
a,ycl„ tlek.•
herstafere been continuously published In said Pinellas County, Florida, such day and n-
pas been entered as second class mall matter at the post office in Clearwater, in said 1r.a•.Il' .'".:..':•: t,.:r; a-:lr41i
Pinellas County, Florida, ter a period of one aver next pracad set public on of
the aNaCbed copy of adverlisemeMt and offiant further s that a bas nett r paid
not promised any person, firm or corporation any disco re to ommisli r tofu
er.
fair the purpose of securing this advertisement for u at n
ltwprfl to sad sukgisihid 'before ate
-tl1(r :....11th'dt- of r,J ...., A.D. 18.... 77 f:3T•.':Y r -, ;';.1 rt tA.?6E
-41
(#lrA?.?." Notary Public..........:...
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Y5?`!rs??,".•, !'?i,r;.':o: ,:s. _?'::'` Publtabad Cally
;`L Y J<,',t. - .',. `' r ` t Clearwater. Pinellas County. Florida 1.1 t!`t\5u f uM' i^ i "i't', =`i;' ":ai" STATE OF FLORIDA
. ; '{?jW!,r ?.?'., ;:,1,•' ccnrrrry or P1N=f,f.Aal
-i,_-t .i%fa .,,_ t ,3=S+f?' Before the undersigned authority personally appeared W. Paul Norris, who on usiness
anager ti _wf F Q? 4 ?j' ?ef` ? ;;y ' '.. ' published tat tCb eirwn the ater aln Pi ?lldas Count e t P'loridn?that the attashsd necopy spier _ ?x or PROPOND MNACTb xr of L
.;,? ,<,z <<s". r;k:',`), ,rr. Notice of Pro osed Enactment of ?"'1t cmwduku tse °?' F1 -
ir.,.a?i,s:.p,, S,, rA.' 1- I., advertisement, being a ............................................................ +r?mactJRlstCammh wlftrtMle
G L :...:,11„ r,.-.`f ? cur 1&&k .112 d sOW4 Areeut
ti;? , A.` -. ,`:,;:.: ordinance
`,.. , .,4 :?`«?i. ; :: I? .>,?I'. ,.. In the matter of I. pa.?""an?it;,;kr. lnuuu? n for .
, .I' ,.;., C..fad:,?: ,lj; Orc?xnarice No. 64.6 Papattocapllderiqu,emapYritntdar !
$! ' ,r_f ' #? "w !s'f i. = : ,t1 , .................................................................................... , i telYaoet 1te1, tbt " d wiles h me
• f??9 'aT'S': ?rf ..... ..... ............. .. .. .. .. ,..... ...... ...... AAa[ItDmOO? RMWA5e 11,f ?•Ilr w'
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ua. NM=Xj=t. was published in d anad . to Pruvi& for tM
?' ";
"?°) ' di#s ' said newspaper in the Issues of .....?,909theX.... 2,.a97.. tt,rrormdeorem> t:taieNpt`
F? _.*' ?.f P-tA X 6° LI?V,'; . , { WW of to eta i nru of ,
X.4,1.,.4 !1 # "h - Xr .................................................................. .. . ............... GaOd b* PLr&er of f
s .ir
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` 4 r Afflant further says that the sold Clearwater Sun is a newspaper published at 1 MUM d pt. - , .n.[vme;
pprrnn,?y?y1rrartsttaatlnttartd '
??''?' '-r' Clearwater, In said Pinellas County, llerlda, and that the said newspaper has
#
f,' '. ' ' No --mom alter ApprMa at ndl" , .
i
° s,a ,W •^ r' . 1- % -1 ,; z '' heretofore been continuously published in said Pinellas county, Florida, each da and ,,,: ,
V`r'"i:!6 has been catered as second lss malt matter at the poet office in Clearwater, is said copr,.otse.a ofte he :
itc t? '..r;,.,r Pinellas County. lnWW1 d by U at Irit 0[Ilet tf lsr
'r?,,Y r ' Florida, for a period of one year next preceding the first publication of
It 4 ?fss3°, ?"=la the attached copy of advertlsemeatr and ofllant further e e has tiher paid ? s ?d4i? '
$, d,. fry`iT``t 'lent, Cleurttar IWri.' ' ,
( ?,,.,sv . not promised OMY person, firm or corporation any disco • , controls n or refund h : pr?r 98"Wt(=Mff"e.
?kk.,, ' for the purpose at securing this advertisement for p Ic n in er, 7sottperr?Mteredetlaar stpr?rd '
S . for ft P"m of b*q send 1wMM
. 1a"pr.pmW mboanar. s - .
{ ..? c'Wietir d .0
w . ' . .. , .... . .. F</wfA I ........ Doc, n . .. '..r 1111.,
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Sworn to and subscribed before me
this -..,23rd :. day of .D saber...., A.D. Is- -7-6 fl miy 3':;1'4 re,; T,'lF el fLi:'.'111A at LARGE
' ' fly lGt,1 L;,EISJ:l £,M',:;LS MAY 13. 1977
... ,' E"[)Lo "RU MAV""O OONDINO AOCNCY
l If L? ' ' Notary Public
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CERTIFICATE OF RESULTS OF ELECTION RELATING
" TO THE ADOPTION OF A NEW CHARTER ,
THIS IS TO CERTIFY that the results set out below are
the official
•..:
results of the vote cast in a general election held February S 1977, in r
"? ` ,;,
which the electorate approved the adoption of Ordinance No, 1649
which .` ' ';}`: ' ;t•`
'
, .
ordinance amended the original City Charter found in Chapter 9710, Special
Laws of Florida, 1923, as amended, in its entirety. The vote on the adoption
of the new charter contained in Ordinance No. 1649 was as follows:
TOTAL VOTE ;
FOR 6,066
1
AGAINST 3,522
`1
e?,
R G. WMTEHEAD
ITY CLERK
CITY OF CLEARW:ATER) FLORIDA
Subscribed and sworn to before me this 9th day of February, 1977.
Notary Public
My Commission Expires:
Notary :fair of 7r+:r:12 o isrco
A1y Camlairsicn :xpEua Manh 19, 1977, ,
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