6394-99i
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ORDINANCE NO. 6394-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE DOWNTOWN
DEVELOPMENT BOARD; AMENDING SECTION 2.141,
CODE OF ORDINANCES, TO DELETE THE DEFINITION
OF ELECTOR AND TO REVISE THE DEFINITION OF
FREEHOLDER; AMENDING SECTION 2.145 TO CLARIFY
FUNCTIONS OF ELECTION SUPERVISOR, DELETE
PAPER BALLOT REQUIREMENT AND ADD PROVISION
FOR VOTING REPRESENTATIVE OF CORPORATION OR
OTHER LEGAL ENTITY; AMENDING SECTION 2.146 TO
CLARIFY WORDING REGARDING VOTING ELIGIBILITY;
AMENDING SECTION 2.147 TO REVISE VARIOUS
SUBSECTIONS REGARDING ELECTION OF BOARD
MEMBERS AND VACANCIES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 2.141, Code of Ordinances, is amended to read:
Sec. 2.141. Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings and construction ascribed to them in this section, except where the
context clearly indicates a different meaning:
Freeholder means any individual, corporation, or other artificial legal entily,
elester who is an owner of real property in the downtown area not wholly exempt from
ad valorem taxation including those claiming homestead.
Section 2. Section 2,145, Code of Ordinances, is amended to read:'
Sec. 2.145. Freeholders' referenda and elections.
Whenever a freeholders' referendum is required or an election of board members
is necessary, such referendum or election shall be conducted as follows:
Ordinance No. 6394-99
(1) Election supervisor. For the purposes of conducting freeholders' referenda
and elections, the board shall use an independent entity to act as election supervisor
and do all things necessary to carry out the provisions of this section,. except for those
functions specified in this section to be performed by the board.
(2) Registration from tax assessment rolls. The board etestien-s pewiser.
shall obtain a list of the names and the last known addresses of the freeholders in the
downtown area from the tax assessment rolls of the county and such list shall constitute
the registration list for the purposes of any freeholders referendum, except as provided
in this section.
(3) Notification. Notification of freeholders' referenda and elections shall be by
United States mail and in addition thereby by publication one time in a newspaper of
general circulation.
(4) Voting. Voting shall be as provided in the by-laws of the downtown
development board, which by-laws shall not be inconsistent with the provisions of this
section. Within 30 days after the closing of the registration list, the election supervisor
shall have a secret and direct ballot of the freeholders-by paper bad.
(5) Certification of election. Within 48 hours after holding the election, the
s.,a election supervisor shall certify the results thereof to the downtown development board.
Any person voting who has knowledge that he or she is not a freeholder shall be guilty
of perjury and shall be prosecuted and upon conviction punished in accordance with the
provisions of the laws of this state.
(6) Passage of division. The freeholders shall be deemed to have approved
the passage of the measure submitted to the electorate at such time as the election
supervisor certifies to the downtown development board that in excess of 50 percent of
those voting were in favor of the measure. For the purposes of this division, one vote
shall be allowed for each parcel of property. Where a parcel of property is owned by
more than one person, the Joint and several owners of the parcel shall designate a
voting representative who shall cast one ballot for the parcel. If a parcel. of „property is
owned by -a corporation or other artificial legal entity, the entity shall designate a voting
representative who shall cast one ballot for the parcel. The voting representative shall
be designated as provided in the bylaws of the board.
Section 3. Section 2.146, Code of Ordinances, is amended to read:
See. 2.146. Eli Eleatem to vote.
In order to further the policies and purposes of this division, as is specified in
--f section 2.143, it is determined that those most directly and uniquely interested in the
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..4 establishment of this division are the freeholders that may have to pay taxes in
connection with the establishment of this division. Therefore, only these freeholders
including those with homesteads, are the-enly-elesters eligible to vote as provided in
this division.
Section 4. Section 2.147, Code of Ordinances, is amended to read:
Sec. 2.147. Creation; members.
(1) There is hereby created a board composed of seven members to be
known as the Clearwater Downtown Development Board.
(2) The members of the board shall be elected for three-year terms, with two
or three members being elected each year, at a date specified in the bylaws. Members
shall be elected by the freeholders taking into account that if a 12arcel of roe is
owned by more than one Person, _a corporation or other artificial legal entity. only the
designated representative may vote
reffesentativer, of any r. er?eAS--e?-et#e
e leg te-desfgna
with the beaFd shall de se w6thin twe weeks PFi8F tQ the mailing ef the ballets, iR the feFm
G. In any election, each qualified voter shall have the
right to write in any additional person on the ballot for each seat to be filled. Any ballot
received ef-pestmaF later than the date designated for ballots to be returned shall be
null and void. Any ballot containing more votes than the number of seats to be filled
shall be null and void.
(3) Two board members shall be elected at each annual election except that
three board members shall be elected in 1989 and every third year thereafter. For each
election, a number of persons equal to not less than the number of seats to be tilled,
shall be nominated. The nominees receiving the greatest number of votes,
depending upon the number of seats to be filled shall be elected as board members
and shall serve for three-year terms.
(4) To qualify for service on the board and to remain qualified for service on it,
a board member shall have his or her principal place of business ownership or
employment in the downtown areas ages or shall own real property in the downtown
area.
(5) Any vacancy in office shall be filled by majority vote of the remaining
board members within 60 days of the vacancy and the person so appointed shall serve
as a board member until the next annual oaf election. Any person so appointed
shall possess all the qualifications required of a board member. At the next annual
Fegulaf election, the number of board members to be elected shall be increased to
include _the appointed position and enable the freeholders bal-let shall be Yeted
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to elect a board member to serve the remainder of the unexpired term, if any. The
nominee receiving the realest number of votes after those elected for three- ear terms
shall be elected and shall serve for the remainder of the unexpired term. If the majority
of the board is unable to appoint someone to fill the vacancy within 60 days, the City
Commission shall have the power to make such appointment.
(6) Each member of the board shall serve without compensation for services
rendered as a member, but may be reimbursed by the board for necessary and
reasonable expenses actually incurred in the performance of duty. The board may
require that all its members or any or all of its officers or employees be required to post
bond for faithful performance of duty. The board shall require such bond of all persons
authorized to sign on accounts of the board, and the board shall pay bonding costs. No
member of the board shall be personally liable for any action taken in attempting in
good faith to perform his duty or for a decision not to act, except in instances of fraud or
willful neglect of duty.
Section 5. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
t
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AI-C-r' 14:7;;-
Brian Aungst yor-Commissioner
Approved as to form:
tL /(? -
Pamela K. Akin, City Attorney
,1-1)
Attest:
Cyn is E. Goudeau, City Clerk
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