6371-99
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?3a I?
ORDINANCE NO. 6371-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS PROPOSED NOW
SUBSTANTIVE AMENDMENTS TO THE CITY CHARTER;
PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that the City Charter be amended as outlined in Exhibit
A attached hereto. Said amendments are grammatical, numbering, and organizational changes
to the charter.
Section Z. A referendum election is hereby called and will be held on March 9, 1999, at
the general' city election for the consideration of the voters of the City of Clearwater for the
proposed charter amendments. The question to appear on the referendum ballot reflecting the
proposed amendment to the charter at the regular municipal election scheduled for March 9,
1999, shall be as follows:
NON-SUBSTANTIVE GRAMMATICAL AND ORGANIZATIONAL CHANGES
Shall the City Charter be amended as provided in Exhibit A to Ordinance 6371-
99 entitled "Non-Substantive Changes" to eliminate references to gender,
simplify language, correct grammar, move certain provisions to different sections
and articles and eliminate certain transitional provisions which are no longer
applicable?
YES For amendment to City Charter
NO Against amendment to City Charter
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the election to be
held on March 9, 1999.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval of a
majority of the City electors voting at the referendum election on these issues and upon the
filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 10, 1998
Januar 1 1992
Alta, Garvey, Mayor-Com sioner
Approved as to form:
Pame K. Akin, City Attorney
ttest:
L -2 11
Cy is E. Goudeau, City Clerk
Ordinance No. 6371-99
NON-SUBSTANTIVE CHANGES
I ARTICLE I. -CORPORATE EXISTENCE AND POWERS
I Section 1.01. _Corporate existence and powers.
(a) General Powers. The City of Clearwater, Florida; heMiRa##a.F
fefeKed teas- a? citY1, as created by Chapter 9710, Special Laws of Florida,
1923, as amended, shall exist and continue as a municipal corporation, 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. In addition to the powers enumerated herein, the
ci shall be vested with all powers-granted by general or special acts of the
Legislature of the State of Florida and as otherwise provided by law.
(b) _ Exercise of Powers. The city may exercise any of its powers or
perform any of its functions and may participate in the financing thereof, by
contract or otherwise, jointly or in cooperation with any one or more states or
political subdivisions or agencies thereof, or the United States or any agency
thereof.
? (c) _ Construction. The powers of the city under this charter shall be
construed liberally in favor of the city. The city is w4Pae-empowered to do
whatever is necessary and proper for the safety, health, convenience and
general welfare of its inhabitants. The specific mention of a particular power in
thistle charter shall not be construed as limiting wa?}-the general power
stated in this section of Article I.
in additieR to the peweFs enumerated heFein, the G.ty-rhall be
afl
Section 1.02. Corporate boundaries.
The corporate boundaries of the city shall be established - Femain fixed and 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 il. LEGISLATIVE POWER
Section 2.01. Commission; composition; powers.
(a) Composition. There shall be a city commission, hefeina#ef
refeFred-te-a&4the "commission"1, composed of five commissioners, including the
mayor-commissioner. The members will occupy seats numbered one through
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five, inclusive. All members shall be elected at large by the qualified voters of the
--? city.
(b) Powers. All legislative power of the city shall be vested in the
commission, except as otherwise provided by law or the provisions of this
charter, and the commission shall provide for the exercise thereof and for the
performance of all duties and obligations imposed upon the city by law.
(c) Dulles. It shall be the duty of the commission to discharge the
obligations and responsibilities imposed upon the commission by state law, city
ordinance and this charter. As a part of the discharge of its duty, the commission
shall;
1. Each October. be Fespensible fGF evaluating
evaluate the job performance of
. the city manager
and city attorney, recognizing areas of exceptional performance as
well as areas of in which performance can be improved. The
evaluation process shall be determined by the commission. aft4
management {
sembinatier}: The results of the evaluation shall be reported tie
to the
citizens of the ci .
2. Aadopt by ordinance a CssalFnaRagernent
g-a comprehensive system of fiscal
management. The fiscal management ordinance shall include
provisions relating to the operating budget, capital budget and
capital program providing for hearings on the budget, capital
budcet and capital prooram and the amendment of the budget
following adoption
3. Pprovide for an annual or more frequent
independent audit of all city accounts by a firm of certified public
accountants.
#requeNo firm shall
.. GesraaFy. be employed for more than five consecutive years. All audits shall
be in
accordance with law.
4. Regulate comprehensiye_planning-zoning and land development as
provided by law.
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(d) Limitations. _ The legislative power provided herein shall have the
.-? following limitations:
(1) The total indebtedness, which for the purpose of this limitation shall
include revenue, refunding, and improvement bonds of the city, shall not exceed
20 percent of the current assessed valuation of all real property located in the
city-; pnd The totsl 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 $10,000.00 shall be awarded to the
lowest responsive and responsible bidder, selected after receiving sealed,
competitive bids from no less than three qualified vendors whenever practical-;
Purchases that afe-in excess of $25,000.00 shall
be awarded by the commission. _No sentFaGt OF-purchase WhIGh is subject to the
FeqWF6Ments impose this sectionperagap# may be split or otherwise
awarded in a cumulative manner.
M (45) Any non-budgeted expenditure in excess of $5 million must be
approved by the commission atin. two separate meetinQssessleas held at least
two weeks apart and an advertised notice of a public hearing must be given at
least five days prior to the second meetinasesslsn.
J? With the exception of maintenance or emergency dredging, orate
dredging relatinged to that portion of Dunedin Pass located within the boundaries
of the city, permits for dredging or filling in excess of 4,000 cubic yards below the
mean high water line may be authorized only after a -properly advertised public
hearings before the commission and approval at referendum.
U (4) Real property.
(i) Prior to the sale, donation, lease for a term longer than five
ears or other transfer GF to -the of any
municipal real property, the real property must be declared surplus and no longer
needed for municipal public use by the commission at an advertised public
hearing. -Except in the case of right-of--way dedications. eFthe granting of
easements, or transactions with governmental entities as described herein, no
real property may be given away or donated without prior approval of the
qualified VOWS ef t referendum.
(ii) Except as otherwise provided herein, real property declared
surplus shall be sold to the party submitting the highest competitive bid above
the appraised value whose bid meets the ethef-terms set by the commission and
whose prop )sedwlit use of the property is in accordance with the commission's
stated purpose for declaring the property surplus, if any.
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(Ili) Surplus real property may be transferred to another
,--? governmental entity for less than the appraised value after an advertised public
hearing has been held and a finding by the commission of a valid public purpose
for the transfer.
(iv) Surplus real property may be exchanged for other real
property having a comparable appraised value.
(v) No municipally owned real property identified as
recreation/open space on the city's comprehensive land use plan map as -said
plan existed-on November 16, 1989 (or as may be amended thereafter), may be
sold, donated-leased for a new use, or otherwise transferredserYeye -te
anetheFent*without prior approval ef the qualified YeteFs at referendum, except
when the commission determines it is-appropriate to dedicate right-of-way from
such propertyies identified Such recreation/open
space property may be leased for an existing use, without referendum, unless
such lease is otherwise prohibited by charter or ordinance.
(vi) No right-of-way or easement which terminates at, or
provides access to, the water's edge of e4heFa body of fresh or salt water OFa
may be vacated for rip_yate" benefit
Nothing contained in this section p# shall prevent an easement for utility
purposes from being exchanged for a new easement for similar purposes or from
converting a fee interest for utility purposes into an easement for such purposes.
(vii) The commission ma has-t ewef to lease municipal real
property for five years or less without declaring it surplus. Municipal real
property declared surplus may be leased for a term up to 30 years, provided,
however, nothing herein shall preclude -renewal of any lease for a maximum of
30 years. Municipal property declared surplus may be leased for an initial period
of time or a renewal period exceeding 30 years, if approved at referendum, but
not to exceed 60 years total. Leases of real property in an industrial park shall
provide for continual use for private/public business purposes= and-shall provide
a reasonable rate -of return on the city's investment and shall includeiF W- a rent
escalation clause.
(viii) All leases of municipal real property shall contain recapture
and reverter clauses.
(ix) The When purchasing real property €orwhese
sates-pdce-is less than $250,000.00= -the commissionat-a-minilmum shall obtain
an appraisal performed by the -city staff or independent certified
appraiser. If the purchasesaies price of such property is-equals to-or exceeds
$250,000.00 but is less than $500,000.00, the commission shall obtain at least
one appraisal by an independent certified appraiser. _If the urp ehasesaies price
of such property is equal to equals or exceeds $500,000.00, the commission
shall obtain at least two appraisals by independent certified appraisers.
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(6) No municipal or other public real property lying west of Osceola
Avenue, east of Clearwater Harbor between Drew and Chestnut Streets, being
further described as:
That portion of city-owned land bounded on the north by the right-of-way of Drew
Street, on the east by the right-of-way of Osceola Avenue, on the south of the
right-of-way of Pierce Street, and on the west by the waters of Clearwater
Harbor, lying below the 28 mean sea level elevation, together with the following
described tract: Beginning at the northeast corner of section 16, township 29
south, range 15 east, Pinellas County, Florida, and run thence west along the
north line of said section, 1320.0 feet; thence south along the west line of the
east one-half of the northeast one-quarter of said section 16, 1526.16 feet to an
intersection with an easterly projection of the centerline of Pierce Street; thence
south 89°45'00" W along the centerline of Pierce Street, 418 feet to an iron stake
set in a projection of the west line of Osceola Avenue as extended across Pierce
Street; thence south 20 feet along this projection of the southwest corner of the
intersection of Pierce Street and Osceola Avenue; thence south 88°18'42" W
along the south line of Pierce Street, 375 feet to the point of beginning; thence
continue south 88°18'42" W, 270.89 feet along said south line of Pierce Street to
the east right-of-way line of Pierce Boulevard; thence south 19°24'39" east along
aforesaid east right-of-way along a curve to the right, chord 157.24 feet, arc
157.41 feet, radius 980 feet; thence north 88°18'46" east, 120.42 feet; thence
j north 0°14'32" west, 50 feet; thence north 88°18'42", 100 feet; thence north
0°14'32" west, 99.80 feet to the point of beginning less and except that portion of
the above described tract designated for the Bandshell Site,
and no municipal or other public real property constituting the Memorial
Causeway or lands immediately contiguous thereto, more particularly described
as:
That portion of Memorial Causeway (S.R. 60) a 1200-foot-wide right-of-way,
lying between the east abutment of the west bridge and the east line of
Clearwater Harbor, and the submerged portions of Board of Trustees of the
Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502,
shall be developed or maintained other than as open space and public utilities
together with associated appurtenances, except upon a finding by the
commission at a duly advertised public hearing that such development is
necessary in the interest of the public health, safety and welfare of the citizens of
the city and approval of such finding at a-referendum; conducted subsequent to
the public hearing. WeweveF City-owned tennis courts and associated
appurtenances may be constructed and maintained on such property south of
Cleveland Street.
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(7) No city owned real property in the area bounded on the north by
the Fight of way a Drew Street, on the east by the Fight ef way ldRe of- sceola
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b371-411
Avenue, on the south by4e-Fight Of WajNiPierce Street, and on the west
.--? by the waters of Clearwater Harbor, shall be sold, donated, leased, dGnated-or
otherwise transferred or used for other than city facilities except upon a finding
by the commission at a duly advertised public hearing that such transfer or use is
necessary and in the interest of the public health, safety and welfare of the
citizens of the city and the approval of such findings at a-referendum; except for
that structure known as Harborview Center, more particularly described as:
Beginning, at the Northeast corner of Lot 1 of Rompon's & Baskin's
Corrected Map of Causeway Business District, according to the plat thereof as
recorded in Plat Book 57, Pages 1 and 2, Public Records of Pinellas County,
Florida, for a POINT OF BEGINNING, said point being said Westerly right-of-way
line of Osceola Avenue; run thence S 01 °26'17" E, along said Westerly right-of-
way line of Osceola Avenue, 224.38 feet, to the Northerly right-of--way line of
Cleveland Street; thence N 89°58'26" W, along said Northerly right-of-way line of
Cleveland Street, 403.55 feet; thence N 00°00'15" W, along a line West of the
existing Harborview Center Building, 217.30 feet; thence along a line Northerly of
said Harborview Center Building the following two courses, S 89°58'26" E,
187.20 feet; thence N 88°07'145" E, 310.85 feet to the POINT OF BEGINNING.
which structure may be leased for and used in furtherance of any municipal
purpose consistent with the character and ordinances of the city.
} Section 2.02. Qualifications.
T44e-Members of the commission shall be qualified voters of the city and
shall have continuously resided in the city for at least one year prior to submitting
a petition for election. The 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 the mayor-commissioner, shall be elected for
terms of three years. Terms shall overlap, with the mayor-commissioner and two
commissioners elected one year, and the additional two commissioners elected
the following year.
A person shall not serve more than six consecutive years as a city
commissioner after which such person shall not be aheld-ate city commissioner
seat, other than mayor-commissioner, for a minimum of three years.
A person shall not serve more than six consecutive years as mayor-
commissioner after which such person shall not serve as mayor-commissioner or
hold any city commissioner seat-for a minimum of three years. I
Newly elected commissioners shall take office and IDO SWOFA if; n the first
Thursday in April.
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--- Section 2.04. „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 months. Commissioners
shall be reimbursedreselve their actual and necessary expenses incurred in the
performance of their duties of office.
I Section 2.06. Mayor-commissioner, functions and powers.
The mayor-commissioner shall preside at all meetings of the commission,
perform such other duties consistent with the office as may be imposed by the
commission and this charter,, and shall have a voice and a vote in the
proceedings of the commission, but no veto power. The mayor-commissioner
may use the title of mayor in 'sip-the execution of legal instruments
wag- on behalf of the city or otherwise as
ent-e#
se-required by law.; but-This authorization does
shall-not conferfiRg upon the mayor-commissioner
administrative duties except as required to carry out the responsibilities stated in
) this charter. The mayor-commissioner shall be recognized as the official head of
the city by the courts for the service of process, by the governor for purposes of
military law, and for all ceremonial purposes.
At the second eveningF commission meeting eachip April ef-ear yeaf, the
commission shall elect one of its members as vice-mayor. The vice-mayor shall
act as mayor-commissioner during the temporary absence or inability of the
mayor-commissioner to perform the duties of the office of the mayor.
I 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, isafe empowered to appoint.
(b) Dealing through city manager. Except for the purpose of inquiries
and investigations, the commission ers-members shall deal with city officers
and employees who are subject to the direction and supervision of the city
f manager solely through the city manager„ -Neither the commission nor its
members shall give orders to any such officer or employee, either publicly or
privately..:-4t is the 8XPFe6G intent of this GhaFteF at-Recommendations for
`- J improvement in city operations by individual commissioners shall be made to and
through the city manager.
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Nothing in the foregoing paragraph IS W 196 GORMFUed to prohibits
individual members of the commission from elosely ' ' uestionings
and persGAaWbserva#on ngs all aspeets-e€-city operations so as to obtain
independent information to assist them in the
formulation of sound olicy.
(c) Holding other office. No present or former commissioner shall hold
any compensated appointive city office or employment until one year after the
expiration of the term for which such commissioner was elected.
Section 2.07. _Vacancies; forfeiture of office; filling vacancies;
advisory boards.
(a) Vacancies. The office of a commissioner shall become vacant
upon the death, resignation, or-removal from office in any lawful manner,,
authGFized OF Fequ!Fed by law or forfeiture of the office, such forfeiture to be
declared by the remaining members of the commission.
(b) Forfeiture of office. A commission member 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 t#ir, Gharter-oray-law, or
2. Is convicted of a felony or a crime involving moral turpitude, or
3. Fails to attend six consecutive regular meetings of the commission,
unless such absence is excused by the commission, or
4. Fails to attend twenty-five per cent of the regular meetings during a
12-month period whether excused or not.
(c) Filling of vacancies; vacancy in commissioner's seat.
1. A vacancy MIR the commission should be filled by majority vote of
the remaining commission members within 30 days aftere€ the vacancy. The
person so appointed shall serve as a commissioner Fne e. until the next
regular or special election. At such election, a commissioner shall be elected to
serve for the remainder of the unexpired term of office.
2. If the commission fails to fill such vacancy within 60 days after it
occurs, a special election shall be called to fill the unexpired term.
3. Any person appointed to fill such a vacancy shall possess all the
-? qualifications required of a commission member by this ehaFter- arid y law.
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63?/_"
(d) Extraordinary vacancies. In the event that all commission
members res? ign or 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 90 days aftere# the occurrence of the vacancies_-apid-Such
election shall be helddene 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 commission may at any time appoint one or
morean advisory board(s) composed of residents of the city qualified to act in an
advisory capacity to the commission. An "advisory board" isshall mean any
board, group, committee, or commission whose uthority
isare solely advisory and does not include the final determination or adjudication
of any personal or property rights, duties, or obligations. The members of
advisorvsas# board(s) shall serve without compensation for the time fixed in their
appointment, or at the pleasure of the commission-afld-_Their duties shall be to
consult, a+W-advise with such municipal officers, and make written
recommendations which shall become part of the records of the city. All
meetings shall be public.
(f) Regulatory boards. The commission is empowered to appoint
regulatory board(s) as may be established by law.
Section 2.08. Procedure.
(a) Meetings. The commission shall meet regularly at least once
eachin ems 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 and, wheneve practicalble, upon no
less than 24 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 sempfled-agenda.
(b) Rules and minute§jeufnal. The commission shall determine its
own rules and order of business. The city clerk shall keep minutes a-jeufnat of
the commission proceedings.
(c) Voting. Voting on ordinances and resolutions shall be by roll call
and shall be recorded in the minutes ' A majority of the commission shall
constitute a quorum; but a smaller number may adjourn from time to time and
may compel the attendance of absent members in the manner and subject to the
penalties prescribed by the rules of the commission.
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Except as provided in section 2.07(c), section 3.02 and in the preceding
sentence, no action shall be valid or binding unless adopted by the affirmative
vote of the majority of all 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 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 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.
y (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 days prior to adoption, be noticed once in a
newspaper of general circulation in the city. The notice of proposed enactment
shall state the date, time, and place of the meeting, the title or titles of proposed
ordinances and the place or places within the city where such proposed
ordinances may be inspected by the public. The notice shall also advise that
interested parties may appear at the meeting and be heard with respect to the
proposed ordinance.
(d) Effective date. Except as otherwise provided in this charter, every
i
adopted ordinance shall become effective ten days after adoption or as
otherwise specified therein.
(e) Emergency ordinances.. An ordinance may be passed as an
emergency measure on the day of its introduction if it contains a declaration
describing in clear and specific terms the facts and reasons constituting the
emergency and receives the vote of at least fou commission ...G thiFdr-, of the members. An emergency ordinance shall remain effective as an ordinance for a
period of 90 days and shall automatically expire at the end of such 90-day period
unless during the time of such period the ordinance is submitted for adoption in
the manner provided for non emergency ordinances. Such ordinances may not
f? levy taxes; grant, renew or extend a franchise; change election qualifications; set
service or user charges for any municipal services; authorize the borrowing of
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63 P7 /-99
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 cleric shall
authenticate by their signatures all ordinances and resolutions adopted by the
commission. In addition, when charter amendments have been approved at
referendum by the qualified , the mayor-commissioners and the city clerk
shall authenticate by their signatures the charter amendments _&web
aetq
. vetefs-
(b) Recording. The city clerk shall keep properly indexed beeks-and
FnieFefilm records in which shall be recorded, in full, all ordinances and
resolutions passed by the commission. Ordinances shall b"eriodically be
codified. The city clerk shall also maintain the city charter in current form and
shall enter all charter amendments. aed-sew A copy of the fevised-charter
'nGeFpeFating and an amendments thereto shall be sent to the secretary of
state's-e€f+se state.
j (c) En g. Availability of Public Records 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. ADMINISTRATION
Section 3.01. City manager.
Th city manager shallte serve as the chief administrative
officer and chief executive officer of the city. jhe city manager shall be
appointed on the basis of administrative qualifications, exuerience, 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 aftere# the appointment. The city manager shall be '
responsible to the commission for all city administrative
affairs .
+ Section 3.02. Appointment; removal; compensation.
(a) Appointment.- The commission shall appoint a city manager by an
affirmative vote of four commission members. The city manager shall hold office
at the pleasure of the commission.
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(b) Removal, The commission may remove the city manager by an
affirmative vote of four commission members or b" majority of the commission
members veting-#ar-remevaf-at two separate meetings held at least two weeks
apart. „Upon request by the city manager, a public hearing will be held prior to a
vote to remove the city manager.
(c) Compensation. The compensation of the city manager shall be
fixed by a majority Eoq all the commission members.
(d) Acting city manager. „By letter; filed with the commission, the city
manager shall designate one or more assistant city managers to exercise the
powers and perform the duties of city manager during the city manager's
temporary absence or disability. This designation shall be
limited to a period of 60 days. At the expiration of this ep riodfime, the
commission shall appoint an interim or new city manager in accordance with the
provisions of this" charter.
Section 3.03. Powers and duties of the city manager.
The city manager shall;
(a) Appoint and, ' when the ' geed ef the , suspend, demote, or remove any city employees or appointive
administrative officers under the city manager's jurisdiction
this-shaFtef, except as ma be otherwise provided by law. Such appointment,
suspension, demotion, or removal shall be in compliance with the civil service
law and othera4 applicable rules and regulations-ef the-sity.
(b) Establish or discontinue any department, division or board in the
administrative affairs of the city, subject to commission approval,
(c) Attend commission meetings and shall-have the right to take part in
discussions but way-not to vote.
(d) See to the faithful execution ofthaf all laws, provisions of this
charter, and acts of the commission WhiGh-aF8 subject to enforcement by the city
manager or by-officers subject to the city manager's d{ -ate-supervision
faithfully exeeuted.
(e) Prepare and submit to the commission in the form provided by
ordinance, the annual budget, a capital improvement budget, and a projected
capital improvement program for a minimum five-year period.
(f) Submit to the commission and make available to the public a
comprehensive report on the finance and administrative activities of the city as of
12
the end of the fiscal year. 1n addition to Lhisft 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 then-a+-supervision.
(h) Keep the commission fully advised as to the financial condition and
future needs of the city and make GUGh recommendations to the commission
concerning the affairs of the city as the Gity Fnanag8F deems .
(i) Sign contracts on behalf of the city pursuant to the provisions of
appropriations ordinances.
1 0) Develop and keep current an administratiu;-.code which shWt sets
forth the organizational and operational procedures of the city government.
(k) Provide 6u6h dministrative assistance to the commission in
connection with their official duties, and perform such other duties as are
specified in this charter or may be required by the commission.
(1) Act as purchasing agent for the city.
Section 4=04.3.04 City clerk.
The n 2y manager shall appoint a city clerk which appointment must be
confirmed by the commission prior to becoming effective. The city clerk or the
official representative of the city cierk shall
(a)_ Be custodian of all records and the official seal of the city
(b),_ Attest all documents requiring attestation and agreements to which
the city is a earty:
c Arrange for and supervise all ci elections:
(d) Attend all meetings of the commission and keep minutes of its
proceedings;
W Give notice of commission meetings to its members and the public:
(f) Perform such other duties as directed or required by law.
I Section 3.05 344. _Personnel system.
J Appointments and promotions of city officials and employees, except
those specifically exempted by ordinance, shall be made solely on the basis of
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merit and fitness demonstrated by examination or other evidence of competence
as provided by law.
ARTICLE IV. CIW CLLR t. CITY ATTORNEY; LEGAL DEPARTMENT*
sestieN-a,ea, City GleFk.
.
(9) Mend
of its pFeeeed*n$S;
J
Section 442.4.01 City attorney, legal department
There shall be a legal department, headed by the city attorney, operating
under the authority of and responsible to the commission. The legal department
small consist of the city attorney, assistant city attorneys, when appointed and
authorized by the commission, and such other staff as the commission may
direct.
(a) Y Appointment. The city attorney shall be appointed by the
affirmative vote of four commission members and may be removed by a majority
of the members of the commission members voting for removal.. Upon request
by the city attorney a public hearing will be held prior to a vote to remove the city
attorney. The city attorney shall be a member in good standing ofqoa.Med
aftFney at law, admitted, The Florida Bar and GufFeAtty-eligible to practice before
all U.S. District Court for
the Middle District of Florida; and Ghall be a FnembeF 43 geed standin of The
Flerida-Raf.
?? (b) Duties. The city attorney shall arA as be the legal advisor to the
commission, the city manager and all city departments, offices and agencies.
14
I1
When required to-de-ss 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; and shall prepare or review and approve as to form and legal
sufficiency all contracts, bonds, and other Instruments to which the city is a party.
The city attorney shall perform such other duties as may be directed by law oror
the city commission. er-th .
(c) Absence. By letter, filed with the commission, the city attorney
shall designate one or more assistant city attorneys to perform the duties of city
attorney during leis a temporary absence or disability. The aferementieRed This
designation shall be limited to a period of 60 days. At the expiration of this time,
the commission shall appoint an interim or new city attorney in accordance with
the provisions of the this charter.
Section 4=84.4.03 Assistant city attorneys, special counsel.
(a) Assistants. The city attorney shall appoint as many assistant city
attorneys as authorized by the city commission. Gempensatien fGF the assistant
sefflf:Rissiea.
(b) Special Counsel. The commission, when it shall deem it
a epriate may employ special counsel, outside of the legal department, who
j shall conduct such investigations and perform such services as the commission
may direct and who shall report directly to the commission.
Section 446. 4.04 Compensation.
The commission shall fix aad-pFOvide feF determine the compensation to
be paid to the city attorney and special counsel. Comgensation_for the assistant
city attomeys_shall be established by the citly attorney and approved by the
commission.
ARTICLE V. PLANNING AND * Reserved.
planRing.,
develepment in e-m law.
ARTICLE VI. INITIATIVE, REFERENDUM; RECALL
Section 6.01. -Initiative.
The quaVkW-voters of the city shall have power to propose ordinances to
the commission, and, if the commission falls to adopt an ordinance so proposed
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6N/- 99
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 qua4fied-voters of the city shall have power to require a
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, of-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 quatioters of the city shall have the power to recall or remove
from office any elected official or officials of the city, for the reasons and in the
manner set forth in the General Laws of the State of Florida, and more
particularly section 100.361, Florida Statutes 61, including any
amendments thereto.
Section 6.04._ Commencement of proceedings.
Any five quaffed 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 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 qed-voters of the city equal in number to at least ten percent of
the total number of qualified voters registered to vote in the last regular city
election.
(b) Form and content. All papers of a petition shall be uniform in size
and style and shall be assembled as one instrument for filing. _Each signature
16
shall be executed in ink or indelible pencil and shall be followed by the address
of the person signing.- Petitions shall contain or have attached thereto
throughout their circulation the full text of the ordinance proposed or sought to be
reconsidered.
(c) Affidavit of the circulator. _Each paper of a petition shall have
attached to it, when filed, an affidavit executed by the circulator thereof stating:
That the circulator personally circulated the paper; the number of signatures
thereon; that all the signatures were affixed in circulator's presence; that the
circulator believes them to be the genuine signatures of the persons whose
names they purport to be; and that each signer had an opportunity before
signing to read the full text of the ordinance proposed or sought to be
reconsidered.
(d) Time for filing referendum petitions. -Completed referendum
petitions must be filed within 90 days after the effective date of the ordinance
sought to be reconsidered.
Section 6.06. „Procedure to filing.
(a) Certificate of city clerk; amendment. Within 20 days after the
initiative or referendum petition is filed, the city clerk or other official designated
by the commission shall complete a certificate as to its sufficiency, specifying, if it
i is insufficient, the particulars wherein it is insufficientde€est+ve and shall promptly
send a copy of the certificate to the petitioner's committee by registered mail.
Grounds for insufficiency are only those specified in section 6.05 hereof. A
petition certified insufficient for lack of the required number of valid signatures
may be amended once if the petitioner's' committee files a notice of intention to
amend +t-with the city clerk or other official designated by the commission within
two working days after receiving the copy of the city clerk's certificates and files a
supplementary petition upon additional within ten days after receiving the
copy of such certificate. TheSuGh supplementary petition shall comply with the
requirements of subsections (b) and (c) of section 6.05 hereof and within five
days after it is fled the city 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 city clerk or other official designated by the commission shall promptly
present thehis 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
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6311- 99
working days after receiving the copy of such certificate, file a request that it be
reviewed by the commission. The commission shall within 30 days review and
approve or disapprove it, and the commission's determination shall then be a
final determination as to the sufficiency of the petition.
Section 6.07. Referendum petitions; suspension of effect of ordinance.
When a referendum petition is filed with the city cleric or other official
designated by the commission, the ordinance sought to be reconsidered shall be
suspended from taking effect. Such suspension shall terminate when:
Up a-: There is a final determination of insufficiency of the petition, or
u 2: The petitioner'-s' committee withdraws the petition, or
L} 3: The commission repeals the ordinance, or
4. Tabulation of the ballots cast by the qualified voters of the city on
the ordinance has been certified and repeal of the ordinance has failed.
Section 6.08. Action on petitions.
(a) Action by commission. When an initiative or referendum petition
has been fiffa#y-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 60 days or
fails to repeal the referred ordinance within 30 days after the date the petition
was finally determined sufficient, it shall submit the proposed or referred
ordinance to the wed voters of the city.
(b) Submission to gua!+fied voters. The vote of the city on a proposed
or referred ordinance shall be held not less than 90 days and not later than 150
days from the date that the petition was determined sufficient. _if no regular city
election is to be held within the period prescribed in this subsection, the
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 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 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.
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60ell- 19
Section 6.09. Results of election.
` (a) Initiative. If a majority of the qualified 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.
' (b) Referendum. If a majority of the € ualt€ed voters voting on a
referred ordinance vote against the referred ordinance, it shall be considered
repealed upon certification of the election results.
I ARTICLE VII. GENERAL PROVISIONS
I Section 7.07. 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 at the next general election held within the
city or at a special election called for such purpose.
(b) Initiation by petition.
1. The g4:ia?Woters 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 qualified
voters at the next general or special election held not less than 90 days nor more
than 150 days after certification.
Section 7.02. Charter review advisory committee.
The commission shall appoint a charter review advisory committee in
January, 1994, and at least every five years thereafter provided the
appointments are made in January of a year preceding a city election. The
charter review advisory committee shall be composed of not less than ten
members. ad- 1t shall review the existing charter and make recommendations to
the commission for revisions thereto.
ARTICLE VIII. -NOMINATIONS AND ELECTIONS
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b37/- 99
Section 8.01. _Qualifled voters.
Any person who is a resident of the city of Gleawvater-who has qualified
as a voter of Mate-e€-Florida, and Pinellas" County-of Pinellas-, and who
registers in the procedural manner prescribed by la he GeAeFal Laws of dda
and the er4inanres of the , shall be a qualified voter of the city.
Section 8.02. -Nonpartisan elections.
All nominations and elections for commission shall be conducted on a
nonpartisan basis aM-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 commission chalk, by ordinance; prescribe the form of the ballot and
the method onductinq e€-all elections of the city.
(a) Commission ballots. Candidates for seats on the commission shall
be grouped according to the seat number for which they are candidates. Within
eachthess groups, names shall be placed on the ballot alphabetically. No
candidate may seek election to more than one seat in any gWen-election.
(b) Charter amendment. A charter amendment to be voted on by the
"fled voters of the city shall be presented for voting by ballot title. The ballot
title of a measure may differ from its legal title and shall be a clear, concise
statement describing the substance of the measure without argument or
prejudice. Below the ballot title shall appear the following question: "Shall the
above described (ordinance) (amendment) be adopted?" Immediately below
such question shall appear, in the following order, the word "yes" and also the
word "no" with a locationsuffirsie Fit blank spaGe thereafter
steel' "to indicate the voter's choice used, the
hele-is-dsed? .
Section 8.04. Nominations.
The names of candidates for commission shall be placed upon the
eleetiea-ballot by the filing of a written notice of candidacy with the city clerk at
such time and in such mariner as may be prescribed by ordinance. The
ordinance shall require the payment of a qualifying fee in the amount of $50.00.
The candidate shall submit petition cards from not less than 250 quali led--city
voters.
The qualifying fee and petition cards are to be received by the city clerk
--? not more than 60 days nor less than 46 days prior to the date of the election.
The notice must designate the number of the seat for which the candidate is
20
77
seeking election. All applications shall be accompanied by an affidavit that the
candidate is a qua 'Vied-voter of the city and has been a resident of said city
continuously for at least one year immediately prior to the filing of the notice of
candidacy. -Where only one candidate qualifies for nomination to a seat on the
commission, then no general election shall be held with respect to the seat and
the candidate shall be declared elected to the seat.
Section 8.05. -Elections.
(a) Commission positions. All members of the city commission except
shall be elected at large by the qualified
Yetem of the elty, The candidate receiving the largest number of votes among
the candidates for that seat shall be elected.
I (b) Regular elections. Regular city elections shall be held on the
second Tuesday in March of each year in which a commission term expires.
(c) Special elections. Special municipal elections may be called by the
commission at any time for such purposes as are authorized by this GhaFteF 9F by
law. Netise-e# al
aeA_C_;d_aARr__A_ with state statuters.
(d) Canvassing board. The commission shall meet as a canvassing
board within 24 hours after the closing of the polls in any municipal election and
-~
shall canvass the election returns except when such election is held in
conjunction with an election conducted by Pinellas County, in which case 04e
certification of the returns by the county canvassing board may be accepted as
the certification of the municipal election returns.
Section 8.06. Candidate vacancy.
If the death, withdrawal or removal from the ballot of a qualified candidate
occurs after the end of the qualifying period and leaves -fewer than two
candidates for an office, then the qualifying period -shall be extended to the
latest date onfsr which -a name can be added to the ballotthe-eleetiee-des
ean be . If a name cannot be added to the ballo s
Gannetbe the remaining candidate shall be declared elected.
I ARTICLE IX. -FISCAL MANAGEMENT PROCEDURE
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. TheSurA ordinance shall in-aelditien contain a
provision requiring that revenue bonds for projects in excess of one million
.? dollars 6hall-be put to ibis-referendum with the exception of revenue bonds for
public health, safety or industrial development and revenue bonds for refunding.
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i l.i[
r•` ARTICLE X. TRANSITION SCHEDULE
Section 10.01. Continuation of former charter provisions.
All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature,
as amended by special law or otherwise, which are not embraced herein and
which are not inconsistent with this charter shall become ordinances of the city
subject to modification or repeal in the same manner as other ordinances of the
city.
Section 10.02. „Ordinances preserved.
All ordinances in effect upon the adoption of this charter to the extent not
inconsistent with it, shall remain in force until repealed or changed as provided
herein.
Section 10.03. Rights of officers and employees.
Except as is eci
spfically?provided herein, nothing in this charter except-as
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 d', duties
thereaf-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 Vlll of this charter
shall take effect immediately upon passage of this charter
a#-Fefem. Term limits as specified in Section 2.03
aed shall become effective for elections after 1994
(b) Time of taking full effect. This charter shall be in full effect for all
purposes on and after approval by a majority of the electors voting in a valid
speslal?lection to be called for such purpose, and upon being filed with the
secretary of state.
(e) Initial 6a!aFy of ee m
Fni6siien members. -
?1
Ghall reGGIVe an annual 6alaFy equal to that 1R efferat undeF the. GhaFteF WRW
ses#time -a.
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671-99