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6375-99i ? l y?. rte .5. /69 i { ORDINANCE NO. 6375-99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS PROPOSED AMENDMENTS TO THE CITY CHARTER AMENDING SECTION 2.07(e), and (f) OF THE CITY CHARTER TO ELIMINATE THE CHARTER RESTRICTIONS ON ADVISORY BOARDS; AMENDING SECTION 3.03(f) OF THE CITY CHARTER TO REQUIRE THE CITY MANAGER TO MAKE ANNUAL COMPREHENSIVE REPORTS; AMENDING SECTION 4.02 REGARDING CITY ATTORNEY TO ELIMINATE CERTAIN REQUIREMENTS; AMENDING SECTION 6.09 REGARDING ORDINANCES ADOPTED BY INITIATIVE OR REPEALED BY REFERENDUM; AMENDING SECTION 8.02 REGARDING NONPARTISAN ELECTIONS TO ADDRESS ADVERTISING UNDER THE CONTROL OF THE CANDIDATES; PROVIDING AN EFFECTIVE DATE.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 2.07(e) and (f) of the City Charter be amended as follows: Section 2.07. Vacancies; forfeiture of office; filing vacancies; advisory boards. AdviseFy seissi t'-me fixed in theii-appoininneRt, -OF at the pleasWe ef the r. and the*-F duties shall be te 69R60 aRd advise with sweh mus'-Gipal effiseFs and Fnake WFi#eR be puke. . (e) Boards. The commission is empowered to appoint such advisory boards as it deems appropriate and regulatory board(s) as may be established by law. Section 2. It is hereby proposed that Section 3.03(f) of the City Charter be J amended as follows: Ordinance No. 6375-99 Section 3.03. Powers and duties of the city manager. The city manager shall: (f) Submit to the commission at the first regular meeting in September of each year and make available to the public a comprehensive report on the finaflse financial and administrative activities of the city. as ef the end 9 Section 3. It is hereby proposed that Section 4.02 of the City Charter be amended as follows: Section 4.93.4.02 City attorney, tietn duties. (a) 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 of"The Florida Bar. Section 4. It is hereby proposed that Section 6.09(a) and (b) of the City Charter be amended as follows: 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- except that it may not be repealed until after the next regular city election. 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 qualified voters voting on a referred ordinance vote against the referred ordinance, it shall be considered repealed upon certification of the election results- and ma not be reenacted in substance until after the next regular ci election. Section 5. It is hereby proposed that Section 8.02 of the City Charter be amended as follows: Section 8.02. Nonpartisan elections. 2 Ordinance No. 6375-99 All nominations and elections for commission shall be conducted on a nonpartisan basis afl4-without regard for or designation of political party affiliation of any nominee on any nomination petition or ballot- or political advertisement under the control of the candidate. Section 6. 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: ADVISORY AND REGULATORY BOARDS Shall Section 2.07(e) and (f) of the City Charter be amended as provided in Ordinance 6375-99 to remove the charter limitations on advisory boards and provide that the commission may appoint such advisory boards as it deems appropriate and regulatory boards as established by law? YES For amendment to City Charter NO Against amendment to City Charter ANNUAL REPORT OF MANAGER Shall Section 3.03(f) of the City Charter be amended as provided in Ordinance 6375-99 to require the city manager to submit at the first regular meeting of September of each year a comprehensive report on the financial and administrative activities of the city and delete the requirement for a quarterly financial report? YES For amendment to City Charter NO Against amendment to City Charter CITY ATTORNEY QUALIFICATIONS Shall Section 4.02(a) of the City Charter as provided in Ordinance 6375- 99 be amended to delete the requirement that the city attorney be admitted to practice before the U. S. District Court? YES For amendment to City Charter NO Against amendment to City Charter 3 Ordinance No. 6375-99 INITIATIVE AND REFERENDUM ELECTION RESULTS Shall Section 6.09(a) and (b) of the City Charter as provided in Ordinance 6375-99 be amended to provide that any ordinance adopted by initiative of the voters may not be repealed by the Commission until after the next regular city election and that any ordinance repealed by referendum may not be readopted by the Commission until after the next regular city election? YES For amendment to City Charter NO Against amendment to City Charter NONPARTISAN ELECTIONS Shall Section 8.02 of the City Charter as provided in Ordinance 6375-99 be amended to provide that political advertising under the control of commission candidates shall not indicate party affiliation? YES For amendment to City Charter NO Against amendment to City Charter Section 7. 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 8. 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 AS AMENDED .11-) Approved as to form: 1(?- - Pamela K. Akin, City Attorney December 10, 1998 _ Rita Garvey, Attest: issioner Cyn 'a E. Goudeau, City Clerk 4 Ordinance No. 6375-99 ?7 --- Krz-- c