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6372-99 i ' S I' ORDINANCES t? 15-? ?-? ORDINANCE NO. 6372-99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY CHARTER AMENDING SECTION 1.01 OF THE CITY CHARTER TO TRANSFER CERTAIN LANGUAGE CONTAINED IN SUBSECTION (d) TO SUBSECTION (a) AND TO CLARIFY SUBSECTION (b) TO ALLOW THE CITY TO EXERCISE ITS POWERS, PERFORM ITS FUNCTIONS, AND PARTICIPATE IN THE FINANCING THEREOF, WITH ANY PERSON AS DEFINED BY LAW; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 1.01 of the City Charter be amended as follows: Sec. 1.09. Corporate existence and powers. (a) The City of Clearwater, Florida, hereinafter referred to as the city, 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 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. (b) 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, or with any person as defined by law. (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 a particular power in the charter shall not be construed as limiting in any way the general power stated in this section of article 1. (d) in OR ranted h, t9 the PGWeFE, eAUFAeFated heFeiR, the sity shall be versted atl-powers-g ge and-e heFw+se-prevtded-b neFal OF speraial aets of the Legislature of the State of Fled y-law. Ordinance No. 6372-99 aJ /7 Section 2. 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; CITY POWERS Shall Section 1.01 of the City Charter be amended as provided in Ordinance 637299 to provide that the City may exercise its powers, perform functions and finance with any person as defined by law and to consolidate Subsections (a) and (d) relating to the powers of the City? 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 consider.:-.a 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 December 10, 1998 PASSED ON SECOND AND FINAL READING AND ADOPTED Garvey, Mayor- Corffnissloner Approved as to form: h ?k Pamela R. Akin, City Attorney Attest: ' -Z. Cy t is E. Goudeau, City Clerk 2 Ordinance No. 6372-99