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9354-19ORDINANCE NO. 9354-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS PROPOSED AMENDMENTS TO THE CITY CHARTER MAKING NON -SUBSTANTIVE ORGANIZATIONAL AMENDMENTS TO THE CITY CHARTER; DELETING SECTION 2.01(d)(8) BECAUSE IT HAS EXPIRED; AMENDING SECTION 2.06(C) TO BE CONSISTENT WITH STATE LAW; AMENDING SECTION 3.03(F) TO REQUIRE THE CITY MANAGER TO SUBMIT TO THE COUNCIL A REPORT ON THE STATE OF THE CITY EVERY NOVEMBER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2019 Charter Review Committee appointed by the City Council met times over months and reviewed the City Charter and presented their recommendations to the City Council on November 7, 2019; and WHEREAS, Section 2.01(d)(8) of the City Charter, authorizing the lease of certain City property to the Clearwater Marine Aquarium has expired and is of no further force and effect; and WHEREAS, Florida State Statutes provides that elected officials shall not hold compensated office or employment for two years after the term for which they were elected; and WHEREAS, the City Manager currently reports on the financial condition and administrative activities of the city in September, however, the city's fiscal year ends on September 30. Therefore, giving the report in November would allow for a report on the entire previous fiscal year; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 2.01(d)(8) of the City Charter be deleted in its entirety as such has expired and has no further force and effect: Section 2.01. Council; composition; powers. (d) Limitations. The legislative power provided herein shall have the following limitations: Ordinance No. 9354-19 (8) (a) Negotiate and cntcr into a ground lcasc with the Clearwater Marino described as generally lying west of Osceola Ave., east of the unimproved St., as more specifically described in Appendix C, for compensation to be as specifically described herein. space i.e. chiller, boiler, power generation; Chemical storage rooms, dry zone: and drainage facilities: and such other functions as a typically (c) Grant necessary easements for driveways, utilities and salt water intake (d) Authorize relocation of the tennis courts to a location to be determined by the City Council. or before June 15th, 2015 the exemptions contained in this § 2.01(d)(8) shall expire and have no further force and effect. Section 2. It is hereby proposed that Section 2.06(c) be amended as follows: Section 2.06. - Prohibitions. (c) Holding other office. No present or former council member shall hold any compensated appointive city office or employment until ene-yeartwo years after the expiration of the term for which such council member was elected. [MU18-9100-055/245315/1] 2 Ordinance No. 9354-19 Section 3. It is hereby proposed that Section 3.03(0 of the City Charter be amended as follows: Section 3.03. - Powers and duties of the city manager. The city manager shall: (f) Submit to the council at the first regular meeting in Septcmber November of each year and make available to the public a comprehensive report on the financial condition and administrative activities of the city. Section 4. A referendum election is hereby called and will be held on March 17, 2020, at the regular city election for the consideration of the voters of the City of Clearwater of the proposed charter amendments shall be as follows: REPEALING SECTION 2.01(D)(8) RELATING TO LEASING CITY PROPERTY TO CLEARWATER MARINE AQUARIUM Shall the City Charter be amended by repealing Section 2.01(d)(8) relating to leasing certain city property to the Clearwater Marine Aquarium, which provision has expired? YES For Amendment to City Charter NO Against Amendment to City Charter AMENDMENT TO CONFORM WITH STATE LAW Shall the City Charter Section 2.06(c) be amended to prohibit present or former councilmembers from holding any compensated appointive city office or employment until two years after the expiration of their elected term to conform with state law? YES For Amendment to City Charter NO Against Amendment to City Charter ADMINISTRATIVE AMENDMENT Shall the City Charter Section 3.03(0 be amended to change the City Manager's report from September to November? YES For Amendment to City Charter [MU18-9100-055/245315/1 ] 3 Ordinance No. 9354-19 NO Against Amendment to City Charter Section 5. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum items provided above shall be considered at the election to be held on March 17, 2020. Section 6. 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 Approved as o form: L Pame a K. Akin, City Attorney [MU 18-9100-055/245315/ 1 ] 4 DEC 0 5 2019 DEC 1 9 2019 "C(,eorrC4CreVV-05 George N. Cretekos, Mayor Attest: )--t-bdtntaA. t- a Rosemarie CaII, City CI Ordinance No. 9354-19