Resolution 1997-361
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RESOLUTION NO. 97-~_
A RESOLUTION ORDERING AND CALLING FOR THE
INITIAL ELECTION OF THE CITY COUNCIL FOR THE
CITY OF M,lI,RCO ISLAND, TO BE HELD BY MAr L
BALLOT ON NOVEMBER 6, 1997, AS SET FORT~ IN
THE CITY CHARTER, CHAPTER 97-367, LAWS OF"
fLORIDA, (HOUSE BILL 1729),
WHEREAS, a r~ferendum election was held, by mai~ ballot, on
August 28, 1997, to approve the creation of the Clty of Marco
Island and its charter as contained in Chapter 97.-367, Laws ot
Florida, (House Bill 1729) enacted by the 1997 Legislature: and
WHEREAS, the referendum question was approved by a majority
of the voters; and
WHEREAS, the Board of County Commissioners of Collier
County, Florida, pursuant to general law, and Chapter 97-367,
Laws of Florida, (House Bill 17291 herein calls the special mail
ballot election for the initial electlon of the City Council for
the City of Marco Island as set forth in the City Ch~rter,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF" COUNTY
COMMISSIONERS OE' COLLIER COUNTY, FLORIDA, that:
SECTION ONE. INITIAL ELECTION CALLED
The initial election is hereby ordered and called to be held
on November 6, 1997 by mall ballot for the purpose of electing
the initial City COUGcil for the City of Marco Island as provided
for in the Charter dppr~ved August 28, 1997.
SECTION TWO. PERSONS ENTITLED TO VOTE.
The persons entitled to vote in the referendum (~l.ecti0n
shall be all the qualified electors residing within the
territorial boundaries of the City of Marco Island as described
in Chapter 97-36'. Laws of Florida (House Bill 1129. Charter for
the City of Marco Island), a copy of which is attached hereto as
Exhibit "A",
SECTION THRF.E. ~~IL BALLOT AND ELECTION OFFICl^LS.
The election sh~ll be held by mail ballot within the
territorial boundaries of the City of Marco Island as described
in Chapter 97-367, Laws of Florida (House Bill 1129. the Charter
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for the City of Marco Island). The mail ballot initial election
shall be conducted by election officials appointed by the
Supervisor of Elections pursuant to applicable general law.
SECTION FOUR. FORM OF THE BALLOT.
A. The mail ballot to be used in said initial election shall
be in substantially the following form:
OFFICIAL BALLOT
INITIAL ~-1ARCO ISLAND CITY COUNCIL ELECTION
COLLIER COUNTY, FLORIDA - NOVEMBER 6, 1997
(Vote for no more than seven (7))
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name
B. T~e ~jlJpervisor of Elections shall include on all mail
ballots such instructions to voters as are necessary.
SECTION FIVE. NOTICE OF ELECTION.
The Clerk of this Board shall publish a notice of the
initial el":!ction by mail ballot in the Naples Daily News, a
newspaper: of gent:?:::aJ. circulation published in Collier County,
Florida. There shall he at least thirty (30) days notice of said
election, with publication to be made at least twice, once in the
fifth week and once in the third week prior to the week in which
the initial election is to be held.
Said notice shall be in
substantially the following form:
NOTICE OF rNITIAL ~CO ISLAND CITY COUNCIL ELECTION BY MAIL
BALLOT
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NOTICE IS HEREBY GIVEN, that an election by mail ballot will
be held on November 6, 1997, within the territorial boundaries of
the City of Marco Island as described in Chapter 97-367, Laws of
Florida (House Bill 1129, Charter of the City of Marco Island),
to elect the initial City Council for the City of Marco Island.
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The election shall be conducted by election officials
appointed by the Supervisor of Elections pursuant to applicable
general law.
All qualified electors residing within the
territorial boundaries of the City of Marco Island as described
in Chapter 97-367, Laws of Florida (House Bill 1729, the Charter
of the Ci.ty of Marco Island) may vote by mail ballot in said
election. Absentee voting may be permitted upon compliance with
applicable provisions of general law.
This Resolution adopted this /C---b(., day of ~_._,
1997 after motion, second and majority vote favoring same,
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A .~~~~~'HD, (If' .
~1'G~:r.E...:' ~R~, Clerk
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Approved as to form and
legal sufficiency:
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aV).d C. e~gel
County Attorney
ddalh:rcsolutionsIMa/'\:o Island initial electinn
BOARD Of COUNTY CO~1ISSIONERS
COLLIER COUNTY, FLORIDA
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ENROLLED
1997 l.egislature
~~ 1729, First Engrossed
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2 An act relating to Collier County; establishing
3 and organizing a municipality to be known and
4 designated as the City of Marco Island;
5 defining ~erritorial boundaries; providing for
6 government, jurisdiction, elections,
7 administrative code, procedure, powers,
8 franchises, immunities, privileges, and means
's- for exercising the same; prescribing the
10 general powers to be exercised by said city;
11 providing prohibitions; providing procedures
12 for filling vacancies in office; providing for
13 a ci.ty council, city manager, and city
14 attorney; providing for an initial election;
15 providing for ordinances; providing for budget
15 adoption; providing for amendments to the ci~y
17 char~erj providing for referendum petitions;
18 providing severability; providing for
19 dissolution of the Marco Island Fire Control
20 District; providing for participation in
21 state-shared revenue programs and local option
22 gas taxes; providing for a ref.erendum;
23 providing a transition schedule; providing for
24 ::ounty ordinances and service:: during
25 ~ransition period; pro~iding effective dates.
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27 WHEREAS, residents of Marco~sland in Collier County,
28 Florida, desiring to have the rights of self-determination, to
29 the fullest extent allowed by law, in the establishment and
30 operation of facilities and services desired by the residents.
31 do seek the benefits conferred on municipal corpora.tions by
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ENROLLED
1997 Legislature
HB 1729, First E~grossed
the Consticution and Laws of the State of Florida, NOW,
THEREFORE ,
Be It Enacted by the Legislature of the State of Florida:
PROPOSED C~~TER - CITY OF MARCO IS~~ ARTICLE I - POWERS
Section 1.01 Powers of the City of Marco Island.--The
city known as Marco Island shall have all powers possible for
a city to have under the constitution and laws of the state as
fully and completely as though they were specifically
enumerated in this charter unless prohibited by or contrary to
the provisions cf this charter; and in addition to the
foregoing and not by way of limitation, the city shall have
the following powers:
~1) To organize and regulate its internal affairs and
to establish, alter., abolish, and terminate, such termination
to be only for cause, cffices, positions, and employments,
including citizen board positions, and to define functions,
powers, and duties, and fix their term, tenure, and
compensation.
(2) To adopt, amend, and repeal such ordinances,
resolutions, and codes as may be required for the good
government of the city, including local police ordinances
carrying penaltieE, zoning ordinances, housing codes, building
and related technical codes, business regulations, and
ordinances relating to and regulating the sale of alcoholic
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beverages,
(3) To prepa:t'e and adopt comprehensive plans for the
development of the city, including provision for subdivision
regulation, environmental protection, pollution control,
community facilities, and all other related activities,
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1997 Legislature
HE 1729, First E~grossed
1 including growth management. The principles of Deltona's
2 development plan for Marco Island shall be a guide i~ the
3 development of zoning regu.lations for the City of Marco
4 Island.
S (4) To sue and be sued; to have a corporate seal; to
6 contract and be contracted with; to buy, receive by gift or
7 devise, sell, lease, hold, and dispose of real and personal
.8 property for any public purpose; to have the power of eminent
9 domain and to acquire by condemnation or otherwise all private
10 lands, riparian and other rights, necessarI for public
11 purposes and improvements.
12 (5) To raise funds by taxation and to make such le~1
13 upon the taxable property in the City of Marco Island as will
14 provide funds necessary for che operation of the city and for
15 such other purposes as may be provided in general law,
16 pursuant to the general laws of Florida.
17 (6) To appropriate and expend money for a~y public
18 purpose. Operating expenditures shall be limited to an
19 increase from the prior year's expenditures of 3 percent plus
20 the then-current Federal C.O.L.A, (Department of Labor, Bureau
21 of Statistics, Consumer Price Index) per annum following the
22 third full year of incorpora,tion; except that this shall not
23 apply to expenditures under section 3.11, and shall not apply
24 to capital expenditures as provided in section 6.02.
25 (7) To borrow money for public purposes,
26 (8) To levy special or local assessments for local
27 improvements and to hold liens forlpublic improvements.
28 (9) To license and tax privileges, businesses,
29 occupations, and professions carried on and engaged in within
30 the corporate limits of the city and to classify and define
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1997 Legislature
HB 1729, First Engrossed
1 such privileges, bu~inesses, occupations, and professions for
2 the purpose of taxation.
3 (10) 70 do ~~d perform all other acts as seem
4 necessary and best adapted to the improvement and general
5 interest of the city, and the protection of the health, life.
6 and property of the city and its inhabitants, not contrarf to
7 the laws of Florida,
8 Section 1.02 Construction of Powers.--
9 (1) The powers of the city under this charter shall be
10 construed liberally in favor of the city,
11 (2) The charter of the city may be revoked in
12 accordance with the dissolution procedure of chapter 165,
13 Florida Statutes.
14 Section 1.03 Intergovernmental Relations.--The city
lS may exercise any of its powers or perform any of its functions
16 and may participate in the financing thereof, jointly or in
17 cooperation. by contract or otherwise, with anyone or mere
18 other municipalities, state or local governments or civil
19 divisions or agencies thereof or the United States Government
20 or any agency thereof.
21 Section 1.04 Elections,--All elections required under
22 any article or section of this charter, as adopted and
23 subsequently amended, shall be conducted in accordance with
24 the provisions of Florida's Election Code in its entirety and
25 as it is subsequently amended. The Florida Elections law~ are
26 hereby expressly adopted except that council elections shall
27 be nonpartisan; candidates for the~council shall qualify by
28 seat or group nuc~ersi qualifying shall be by petition equal
29 to 1 percent of the voter regiscration in the last general
30 election; and council elections shall be held as prescribed in
31 Section 5,02 of this charter.
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ENROLLED
~997 Legislature
HB 1729, First Engrossed
1 section 1,05 Administ=ative Code,--An ad~inistrative
2 code shall be adopted by the ci~y cOLmcil and amended as
3 necessary, defining the departmental organization of the city
4 and appropriate rules and regulations for the conduct of such
5 departments. The administrative code, as adopted, shall
6 describe the line of aut:.hority and responsibility of the
7 various departments. as well as the various relationships
8 between line and staff departments. In addition, a graphic
9 table of organization shall be included in said administrative
10 code which shall be adopted by ordinance,
11 ARTICLE II - CORPO~JE LIMITS
12 Section 2.01 Description of corporate Limits.--The
13 following shall constitute the Corporate Limits of the City of
14 Marco Island:
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A Corporate Line lying offshore from Marco
Island, in portions of Township 52 South, Range
26 East, Collier County, Florida, which line is
described as follows: From the corner common to
Sections 17, 18. 19, and 20, Township 52 South,
Range 26 East, run Westerly along the line
common to said Sections 18 and 19 to a point
2,640 feet offshore in the Gulf of Mexico f=om
the Mean High Tide wine Section 18 and the
point of beginning, From said point of
beginning, nL~ southerly 2,640 feet offshore
from the Mean High Tide Lin~of Marco Island.
past the Southerly point of said Island to the
mouth of Caxambas Pass, thence run
Northeasterly in the waters of Caxambas Pass to
the center line of the channel of said Caxambas
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HB 1729, First Engrossed
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Pass; thence ~~n Easterly along the centerline
of the channel of Caxambas Pass, to a point
inters~cting a marked channel running Northerly
towards Barfield Bay; thence r~ Northerly
along the ceaterline of said channel to a point
300 feet offshore in Barfield Bay from the Mean
High Tide Line of the Easterly end of lands
fo~-merly known as J,M. Barfield Subdivision,
thenc~ run Northerly, Easterly, and Southerly,
300 feet offshore in Barfield Bay from the Mean
High Tide Line of Marco Island to intersection
with the centerline of Blue Hill Creek; thence
run Southeasterly along the centerline of Blue
Hill Creek to a point 300 feet offshore in Blue
Hill Bay from the Mean High Tide Line of Marco
Island; thence c0ntinue Northerly, Easterly,
and Southerly 300 feet offshore in Blue Hill
Bay from the Mean High Tide Line of Marco
Island to centerline of the aforementioned Blue
Hill Creek; thence nm Northeasterly along the
centerline of Blue Hill Creek, but to a point
intersecting the line common to Range 26 East
and Rang~ 27 Eagt, Township 52 South, Collier
County, Florida; thence run Northerly along the
line corrmon to said Range 26 and 27 but to a
point intersecting the centerline of the
cha~~el of the Big Marco RiJer, thence
Northerly, Northwesterly, and Westerly along
the centerline of the aforementioned Big Marco
River and out through the rr.arked Capri Pass,
being 2640 feet offshore from the Mean High
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ENROI..r..ED
1997 Legislat.ure
HB 1729, First Engrossed
Tide Line of Marco Island; thence run
So~thweEterly, Southerly and Southeasterly 2640
feet offshore from the Mean High Tide Line of
Marco Island to the point of Beginning lying
along the East-West line common to Sections 18
and 19, To~~ship 52 South; Range 26 East.
ARTICLE III - LEGISLATIVE
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Section ~,Ot City Co~mcil; Composition; Qualifications
of Council,--
(1) There shall be a seven-member city council,
elected from and representing the city at-large.
(2) If at any time subsequent to the initial election,
the electorate and/or the city co~'cil conclude that the
demographics of the city warrant that some of the city council
seats should represent certain city districts while still
being vot.ed on by a~l the city electors, such changes can be
effected as provided for in the Municipal Home Rules Powers
Act, chapter 166, Florida Statutes, or as provided fo~ in
section 6,01 and section 7.01 of this charter.
(3) To qualify for office:
(a) Each individual seeking to qualify as a candidate
for a seat on tile council shall submit a petition supporting
his/her candidacy to the city manager (or, for the initial
election, to the Supervisor of Elections of Collier County)
containing valid signatures of city. electors equal to 1
percent of the number of city electors registered in the last
general election for the respective office sought.
(b) Each candidate for the office of city council
shall be a qualified elector of the city as provided in
section 5.01,
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ENROLLED
~997 Legislature
HB 1729, Firs~ Engrossed
1 (c) Each candidate for city cowlcil office shall have
2 been a resident of the city for a minimum period of 1 year
3 prior to ~~alifying for office,
4 (0) If elected, the council members shall maintain
5 residency throughout his/her term of office within the
6 boundariea of the city. For the initial election, following
7 the referendum approvi-:lg the creation of the city, calldidates
8 for office shall qualify as provided in section 3,02(1) and
9 section 5,03 where that section does not conflict with section
10 3,02. Thereafter, candidates shall qualify as provided in
11 sections 3,01 and 5.03.
12 (4) The term of office for council shall be 1 years I
13 except that, in ordeI' to provide for the staggering of terms,
14 the initial term of office for the council members shall be as
lS outlined i.n section 3.02. No person elected as council member
16 shall b~ able to serve more than two full consecutive terms.
17 Each council member shall remain in office until his/her
~8 successor' is elected and assumes the duties of the position.
19 (5) At all election~ for council, those persons
20 certified as duly elected by the election supervisor shall
21 take office at noon on the Monday following their election.
22 Section 3,02 Initial Election.--
23 (1) The initial election for council shall be by mail
24 ballot and occur within 70 days from the date of voter
25 ~pproval of the charter referendum.
26 (2) Qualifying for office.--At the initial election to
27 be held under this charter, persons wishing to qualify for the
28 initial election of council members shall simply designate the
29 office sought as "council."
30 (a) Qualifying petitions shall be obtained from and
31 returned t.o the supervisor of Elections.
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ENROLLED
1997 I,egislature
HB 1729. First Engrossed
1 (b) To become a qualified candidate, petitions shall
2 contain valid signatures of city voters equal to 1 percent of
3 the total numbar of city electors registered in the last
4 general election.
S (c) The qualifying period shall commence at noon on
6 the day following voter approval of the charter referend~m and
7 shall end at noon on the 30th day following voter approval of
8 the charter referendum.
9 (3) InstrJctiJns to voters tor the initial council
10 election shall be:
11 (a) To "Vote for no more than seven" in the council
12 races.
13 (b) No elector may cast more than one vote fot' anyone
14 candidate.
15 (4) Determination of winners shall be:
16 (a) In the council races, those seven candidates
17 receiving the highest number 0f votes shall be elected.
18 (b) Those council members elected at such initial
19 election, upon certifica~ion of the ~esults of said election
20 by the Supervisor of Elections of Collier County, shall take
21 office at noon on the Monday following their election.
22 (5) At the first council meeting, those initially
23 elected council members shall determine the staggering of
24 terms for reelection as described in paragraphs (a) and (b);
2S one council m~mber shall be elected chairman by the co~cil
26 and shall preside, One council member shall be elected vice
27 chairman by the council. l
28 (a) The three council members receiving the highest
29 number of votes shall serve an initial term ending at noon on
30 the Monday following the second Tuesday of March 2002.
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ENROLLED
1997 Legislature
riB 1729, First Engrossed
1 (b) The four council members receiving the lO',olest.
2 number of votes shall serve an initial term ending at noon on
3 the Monday following the second Tuesday of March 2000.
4 Section 3.03 Salary of. Council.--The salary of each
5 council member, except for the chairman, shall be $6,000 per
6 year, payable in equal monthly installments, The salary of
7 the chairman shall be $9,000 per year, payable in equal
a monthly installments. No increase in the salary-of council
9 members shall be effective until after the next election for
10 each office.
11 Section 3.04 Presiding Officer; Chairman; vice
12 Chairman.--The council shall, at the first regular meeting
13 after each city council elect.ion and the annual annive:-sary
14 thereof, elect one of its own members to be chairman and elect
15 one of its members to be vice chai~nan for a term of 1 year.
16 The vice chairman shall, in the absence or disability of the
17 chairman, have all the power and prerogative and perform the
18 duro ies of the chairman. The chairman shall preside at the
19 meetings of the council and shall have a voice and vote ir. its
20 proceedings. He/she will be the liaison officer between the
21 city council and the city manager and city attorney, except
22 when the council is in session, He/she shall be recognized as
23 head of the city government and by the Governor for purposes
24 of military law.
25 Section 3.05 General powers and Outies,--All
26 legislative powers of the city shall be vested in the city
27 council, which shall provide for tfie exercise thereof and for
28 the perforrnance of all duties and obligations imposed on the
29 city by la'..:. The council may delegate to the city manager t:he
30 power to execute contracts, deeds, and other documents
31 approved by t.he council, and to represent the city in all
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1997 Legislature
HE 1729, First Engrossed
1 agreements with other governmental entities or certificatio~s
2 to other governmental entities,
3 Section 3.06 prohibitions.--
4 (1) Holding Other Office.--No former elected city
5 official shall hold any compensated appointive city office or
6 city employment until 4 years after the expiration of the te!:'1ll
7 for which he or she was elected.
8 (2) Members of Council Not to Iuterfere.--No council
9 member shall direct or request the appointment of any person
10 to, or his/her removal from, office by the city manager or by
11 any of his/her subordinates, or in any manner take part ~n the
12 appointment or removal of officers and employees in the
13 administrative service of the city except as provided in this
14 charter. Except for the purpose of inquiry, the council and
15 its members shall deal with the administrative service solely
16 through the city manager and neither the council nor any
17 member thereof shall give orders to any subordinates of the
18 city manager, either publicly or privately. Any council meTI'ber
19 violating the provisions of this section shall be subject to
20 recall as herein provided,
21 Section 3.07 Vacancies, Forfeiture of Office, Filling
22 of Vacancies.--
23 (1) Vacancies.--The office of council member shall
24 become vacant upon death, incapacitation due to long-te~~
25 illness, resignation, removal from office in any manner
26 authorized by general law, or forfeiture of the council
27 member's office. 1
28 (2) Forfeiture of Office,--The council member shall
29 forfeit office if he or she:
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HB 1729, First Engrossed
1 I {a} Lacks at any time during the term of office any
2 qualification ~or the office prescribed by this char-er or by
3 general law;
4 (b) Violates any standard of conduct or code of ethics
5 established by general law for public officials; or
6 (c) Is absent from four consecutive regular council
7 meetings without being excused by the council.
S (3) Filling of Vacancies.--A vacancy in the office of
9 a council member shall be filled as provided by general law,
10 except that if there are 28 months or less of the term
11 remaining, the council shall appoint by 5/7 vote a
12 replacement, If 28 mont.hs or more are remaining the vacancy
13 shall be filled at the next regularly scheduled election.
14 (4) Extraordinary Vacancies.--In the event that four
15 or more vacancies occur on the council for whatever reason and
16 by whatever cause, the Governor shall appoint interim ~ouncil
17 members to fill the vacancies. The newly cc,nstituted council
18 shall call a special election as provided in subsection (3).
19 Such election shall be done and the council organized in the
20 same manner as the first election of council members under
21 this charter.
22 Section 3.09 City Manager to Serve as City Clerk.--The
23 city manager shall serve as c:lerk of the city and shall gi.ve
24 notice of council meetings to its members and to the public
25 and shall keep the journal of its proceedings which shall be a
26 public record.
27 Section J. 09 Procedure. - - ~
28 (1) Meetings.--The council shall meet regularly at
29 least once in every month at such times and places as the
30 council may prescribe by rule. Special meetings may be held
31 on the call of t.he chairman or of a majority of the memiJers
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1 and, whenever practicable, upon no l~ss than 24 hou='s notice
2 to each member and the public. All meetings shall be p-..;.blic.
3 (2) Rules and Journal. - -The council shall determine
4 its own rules and order of business and shall have a jourr~al
5 containing all minutes of meetings.
6 (3) Voting.--Voting, on ordinances and resolutions,
7 shall be by roll call and shall be recorded in the journal. A
8 majority of the council shall constitute a quorum; but a
9 smaller number rr.ay recess from time to time and may compel the
10 attendance of absent members in the manner and subject to the
11 penalties prescribed by the rules of the city council, No
12 action of the city council except as otherwise provided herein
13 and in section 3.06 shall be valid or binding unless adopted
14 by the affi~~ative vote of the majority of all council
15 members. All council members present shall vote on all
16 matters befo=e the city council except on those matters on
17 which a council me~er announces a conflict of interest or the
18 city attorney determines that there is a conflict of interest,
19 Section 3.10 Ordinances in General.--The procedure for
20 adoption of ordinances shall be as provided by general law.
21 Section 3.11 Emergency Ordinances.--The council may by
22 a five-sevenths vote enact emergency ordinances without
23 complying with the requirements of section 3.10 or section
24 10.04. Every emergency ordinance except emergenc~
25 appropriations shall become effective immediately and shall
26 automatically stand repealed as of the 61st day following the
27 date on which it \oJas adopted, but this shall not prevent
28 reenactment of the ordinance under regular procedures, or if
29 the emergency continues to exist, in the manner specified in
30 this section. An emergency ordi.nance may also be repealed by
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HB 1729, First Engrossed
1 adoption of a repe~ling ordinance in the same manner specified
2 in this section for adoption of emergency ordinances,
3 Sec~ion 3.12 Budget Adoption.--The council shall hy
4 ordinance adopt a balanced annual budget pursuant to general
5 law and section 1.01(S) and section 1.01(6).
6 Section 3.13 Appropriation Amendments During the
7 Fiscal Year,--
B (i) S~ppl~mental Appropriations.--If during the fiscal
9 year revenues in excess of those estimated in the budget are
10 available for appropriation, the council may make supplemental
11 appropriations for the year up to the amount of such excess.
12 (2) Reduction of Appropriations.--If at any time
13 during the fiscal ye.ar it appears probable to the city manager
14 that the revenue available will be insufficient to meet the
15 amotmt appropriated, he/she shall report to the council
16 without delay, indicating the estimated amount of the ueficit.
17 any remedial action taken by him/her and his/her
18 recommendations as to any other steps to be taken. The
19 council shall then take such further action as it deems
20 necessary to prevent any deficit and for that purpose it may
21 reduce one or more appropriations.
22 (3) Limitations, Effective Date.--No appropriation for
23 debt service may be reduced or transferred, and no
24 appropriation may be reduced below a:1Y amount required by law
25 to be appropriated or by more than the amount of unencumbered
26 balance thereof. The supplemental and emergency
27 appropriations and reduction or transfer of appropriations
28 authorized by this section may be made effective immediately
29 upon adoption.
30 (4) Transfer of Appropriaticns,--At any time during
31 the fiscal year the city manager may transfer part or all of
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any \mencumbered appropriation balance among programs within a
department, office, or agency and, upon written request by the
city manager, the council may transfer part or all of any
unencumbered appropriation balance from one department,
office, or agency to another,
Section ),14 Authentication, Recording, and
Disposition of Charter Amendments, Ordinances and
Resolutions,--
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(1) Authentication.--The chairman and the city manager
sha.lJ. auth~nticate by their signatures all ordinances and
resolutions adopted by the council. In addition, when charter
amendments have been approved by the electors, the chairman
and the city manager shall authenticate by their signatures
the charter amendment, such authentication to reflect the
approval of the charter amendment by the electorate,
(2) _ Rec.;ording. - -The city lnani:lger shall keep prope:dy
indexed books in which shall b~ recorded, in full, all
ordinances a~d r~sulutions passed by the council. Ordinances
shall be periodically codified. The city manager shall also
maintain the city r:harter in current form and shall enter all
charter amendments and !lend certified copies of amendment.s to
the Secretary of State.
(3) Printing.--The council shall, by ordinance.
establish proced'.lres tor making all resolutions, ordinances,
tecrulical codes adopted by reference, and this charter
available to the people of the city for public inspection and
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available for purchase at a r.eason~ble price.
Section 3.15 Codes of Technical Regulations.--The
council may adopt any standard code of technical regulations
by reference thereto in an adopting ordinance and such
ordinance may amend the code. The procedure and requirements
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1 gove~ing such an adopting o~dinance shall be as prescribed
2 for o=dinances generally except that:
3 (1) The r~quirements of section 3.14 for discribution
4 and filing of copies of the ordinances shall be con'.trued to
5 include copies of the code of technical regulations as well as
6 of the adopting ordinance, and
7 (2) A copy of each adopted code of technical
8 regulations as well as the adopting ordinance shall be
9 authenticated and recorded by the city manager pursuant to
10 section 3.14.
11 Section 3.16 Planning Commission.--There shall be a
12 planning commission advisory to the council, The planning
13 commission shall have such functions and duties as delega~ed
14 to it by ordinance of the council, which shall include zoning.
15 The planning commi3sion shall consist of no fewer than five
16 unsalaried residents of the city, appointed by the council.
17 &~TICLE IV - ADMINISTPATlVE
16 Section 4.01 City Manager.--There shall be a city
19 manager who shall be the chief administrative officer of the
20 city. The city manager shall be responsible to the council
21 for the administration of all city affairs placed in the
22 manager I s charge by or u:lder this charter.
23 Section 4.02 Appointments; Removal; Residency;
24 cornpensation.--
25 (1) Appoincment.--The council shall appoint 3 city
26 manager by a vote of five of the seven cO\IDcil members. The
27 city manager shall serve at the will of the council and shall
28 not be given a fixed term by resolution, ordinance, contract,
29 or othe~'ise.
30 (2) Removal.--The council may ~emove the city manager
31 fer good cause shown, by the affirmative vote of at least four
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HB 1729, First Engrossed
1 members of the council. Upon request by the city manager, to
2 be made within 5 days after receipt of written notification of
3 such vote, a public hearing shall be held within 10 days after
4 receipt of such request, After such hearing, the council by
5 affirmative vote of at least four council members shall decide
6 whether to reconsider its previous action.
7 (3) Residency,--The manager need not be a resident of
8 the city or state at the time of the manag~r's appointment but
9 may resid~ out!:lide the city while in office ':>nly with the
10 approval of the council.
11 (4) Cor(\!=-ensation. - -The compensation of the city
12 manager shall be fixed by the council,
13 Section 4.03 Acting City Manager.--By letter filed
14 with the council, the city manager may designate a qualified
15 city administrative officer to exercise the powers and perform
16 the duties of mcmager during the city manager's temporary
17 abeence or disability, not to exceed a period of 30 days,
18 During such absence or disability, the council may revoke such
19 designation at ar.y time and appoint another officer of the
20 city to serve until the city manager shall return or the city
21 manager's disability ahall cease,
22 Section 4.04 Po.....ers and Dutl.es of the City
23 Manager.--The city manager shall:
24 (l) Appoint and, when deemed necessary for the good of
25 the city, suspend or remove any city employees and appointive
26 administrative officers provided for by or under this charter,
27 except as oth~rwise pr0vided by latJ, this chartel:, or
28 personnel rules adopted pursuant to this charter. The city
29 managex' may authorize any administrative officer who is
30 subject to the direction and supervi.sion of the city manager
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HB 1729, First Engrossed
1 to exercise these powers with respect to subordinates in that
2 officer's department.
3 (2) Direct and supervise the administration of all
4 departments, offices, and agencies :f the city, except as
5 otherwise provided by this charter or by law.
6 en Attend all council meetings and shall have the
7 right to take par~ in discussion, but may not vote.
B (4) See that all laws, provisions ot this charter, and
9 acts of the council, subject to enforcement by the city
10 manager or by officers subject to the city manager's dir~ction
11 and super_ision, are faithfully executed.
12 (5) Prepare and submit the annual budget, budget
13 message, and capital program to the council in a form provided
14 by ordinance.
15 (6) Submit to the council and make available to the
:;.6 public a ccrnpler.e report on the finances and administrative
17 activ1ties of the city a~ of ~he end of each fiscal year.
18 P) Make such other reports as the council may require
19 concerning the operations of city departments, offices, and
20 agencies subject to his/he:r direction and supervision.
21 (8) Keep the council fully advised as to the financial
22 condition and future needs of the C1ty and make such
23 recommendations to the council concerning the affairs of the
24 city as he/she deems desirable.
25 (9) pe:dorm such other duties as are speci.fied in this
26 charter or as may be required by the council.
27 Sp.ction 4.05 Supervision ot~Departments,--Except as
28 othe~~ise provided in this charter or by general law, the C1ty
29 manager shall be responsible for the supervision and di:rection
30 of all departments, agencies, or off.i.ces of the city, All
31 departments, offices, and agencies under the direction and
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HB 1729, First Engrossed
1 supervision of the manager shall be administered by an officer
2 appointed by and subject to the direction and supervision of
3 the manager. With the consent of council, the manager may
4 serve as the head of one or more such departments, offices, or
5 agencies or may appoint one person as the head of two or more
6 of them. The city manager shall prepare and enforce personnel
7 policies and shall keep such policies current and in
a conformity with applicable federal and state laws. These
9 policies shall be approved by the city council.
10 Section 4.06 Administrative Code.--The manager shall
11 develop and keep current an administrative code for the
12 pur~ose of implementing ordinances passed by the council.
13 Section 4.07 City Attorney.--There shall be a city
14 attorney, appointed by the council, who shall serve as chief
15 legal advisor to the council and city administrators and shall
16 represent the city in all legal proceedings and perform such
17 other related duties ~s the council may deem necessarf. The
18 city attox"ney may be full time or part time or on retaine:- as
19 the council may deem necessary. If the position of city
20 attorney is full time, the provisi~ns of section 4.02
21 applicable to the city manager shall be equally applicable to
22 the city attorney.
23 ARTICLE V - NOMINATIONS AND ELECTIONS
24 Section 5.01 Electors.--l~y person who is a resident
25 of the city, who has qualified as an elector of this state,
26 a~d who registers in the procedural mar-ner prescribed by
27 general law, shall be an elector o~ the city.
28 Section 5,02 Nonparti.san Elections.--All nominations
29 and elections for the office of city council member shall be
30 conducted on a Ilonpartisan basis. There shall be no
31 designati~n of the political party affiliation of any nominee
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HB 1729, First Engrossed
1 on any nomination petition or ballot. All candidates for
2 office must have been city residents for at least 1 year
3 immedIately prior to qualifying. Elections shall be held on
4 the second Tuesday in March of even-numbered years and shall
5 be by mail ballot except in presidential primary years when
6 the election shall be held concurrently with the state primary
7 election unless the state primary election date is changed
8 from March to an.other rr.onth.
9 Section 5.03 Nominations.--Candidates for the city
10 council Reats for which there are vacancies shall be nominated
11 no later than the seventh Tuesday preceding the election, and
12 no sooner than the ninth Tuesday prior to the election.
13 Nominating petitions shall conform to state law, Candidates
14 shall comply with state campaign finance laws. Nominating
lS petitions shall be obtained from and submitted to the city
16 manager. Each petition must contai~ the cand~date's name and
17 the office sought; i.e., City of Marco Island Council Member.
18 Filing of a written petition with the designated city official
19 shall be in the following manner:
20 (1) Any elector of the city may be nominated for
21 election by petition signed by electors of the city not less
22 in nurr~er than 1 percent of the number of persons registered
23 in the city at the last general election,
24 (2) The signatures shall be executed in ink. The
25 printed name of the signer, date of signing, and the signer's
26 curren" stre~t address of residence shall be indicated next to
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27 t.he signature. ·
28 (3) Each candidate's nominating petition must be
29 accompanied by a ce:ctification of the Collier County
30 Supervisor of Elections that the candidate had sufficient
31 petitions signed by ~lalified voters of the city,
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HB 1729, First Engrossed
1 Section 5.04 Form of Ballots.--Unless otherwise
2 stipulated by general law, the council by ordinance shall
3 prescribe the form of the ballot. An ordinance or charter
4 amendment to be voted on by the city shall be presented for
S voting by ballot title. The ballot title of a measure may
6 differ from its legal title and shall be a clear, concise
7 statement describing the substance of the measure without
8 argument or prejudice, followed by the word' "Yes" and also the
9 word "No" and shall be styled in such manner that "Yea"
10 indicates approval of the measure and "No" indicates rejection
11 of the measure.
12 Section 5.05 Electicns,--
13 (l) The candidates receiving the most votes for the
14 office sought shall be elected.
15 Section 5.06 Canvass of Elections.--For the canvass of
16 votes for any election held pursuant to this charter, excepL
:7 for an election held concurrently with any reqular state or
18 countywide election, the canvassing board shall be composed of
19 the chair~1n or his/her designee if he/she is opposed or
20 incapacitated, the city manager, and the city attorn~y,
21 ARTICLE VI - INITIATIVE, REFERENDUM, RECALL
22 Section 6.01 Initiative,--The qualified voters of the
23 city shall have the power to propose ordinances to the council
24 and, if the council fails to adopt an ordinance so proposed
2S without any change in substance, to adopt or reject it at d
26 city election, provided that such power shall not extend to
27 the budget or capital program or tal any ordinances relating to
28 appropriation of money, levy of taxes, or salaries of cicy
29 officers or employees.
30 Section 6.02 Referendum,--The qualified voters of the
31 city shall, t:hrough the initiative process, have the power to
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HB 1729, First Engrossed
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propose or req"..li.re repeal by the council of any adopted
ordinance if the council fails to repeal or amend an ordinance
so proposed to approve or reject it at a city election,
provided that such ordinance shall not extend to the operating
budget or any emergency ordinance relating to appropriation of
money, but shall extend to an ordinance providing any single
capital expenditure in excess of $250,000. If the proposed
ordinance to repeal an existing city ordinance has met the
signature requirements of section 166.031, Florida Statutes,
council shall repeal or amend the ordinance rather than place
it on the ballot for a vote by the qualified electors.
Section 6.03 Recall.--Recall of elected officials
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shall be as provided for by general law.
Section 6.04 Commencement of Proceedings.--Any five
qualified voters may commence initiative and referendum
proceedings by filing with the city manager or ~t.her official
designated cy the council an affidavit stating they will
constitute the petitioner's committee and be responsible for
circulating the petitioI':. and filing it in proper form. stating
their names and addresses and specifying the address to which
all notices to the co~~ittee are to be sent. and setting o~t
in full the proposed initiative ordinance or citing the
ordinance sought to be =econsidered, Promptly after the
affidavit of the petitioner's committee is filed. the city
manager or other official designated by the council shall. at
the co~nittee's request. issue the appropriate petition blanks
to the petitioner's commitcee at th~ committee's expen~e.
Section 6.05 petition.--
(l) Number of Signatures.--Initiative and referendum
petitions must be si~1ed by ~..lalif.ied voters of the city equal
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HB 1729, First Engrossed
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in number to at least 10 percent of the total number of
qualified voters as of the last regular city election.
(2) 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 shall be followed by
the printed name. and current street address of the person
signing and the date on which the petition was signed.
Petitions shall contain or have attached thereto throughout
their circulation the full text of the ordinance proposed or
sought to be reconsidel'~:!d. petitions must be accompanied by
certification of the Collier County Supervisor of Elections as
to the number of pet.itions signed by qualified voters of the
city. There can be only one signature per pet.ition form.
(3) Time for Filing Referendum Petitions, --Referendum
petitions must be filed within 45 day~ after adoption by the
council of the ordinance sought to be reconsidered,
S~ction 6.06 Procedure for Filing.--
(1) Process for Petitioning,--City initiative petition
proceedings shall commence only after petitioners have filed
appropriate papers with the City Manager forming a political
action committee as required by the general election laws of
the State of Florida. The format and content of the petitic~
to be circulated shall conform to the requirements of general
law for amending municipal charters and the general election
laws and administrative rules for initiative petitions. Prior
to circ1..1.1ation of any petit.ion, it shall be submitted to the
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City Attorney for review of the pet\tion's format for
technical sufficiency, The City Attorney shall provide
written comment cf that review withir. g~ven (7) days. No
review as to the leg&l $ttfficiency of the proposed amendment's
text is to be undertaken by the City Attorney. The number of
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CODrNG:Words ~lLic~! are deletions; ~ords ~ndp.rlined are additions.
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HB 1729, First Engrossed
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valid voter signatures are as provided in section 166.031,
Florida Statutes. petitions for amendments of the city
charter or proposing ordinances for the city shall be received
and consid~red by council only if accompanied by a certificate
from the county's supervisor of elections as to the number of
valid city electors thereon.
(2) Within twenty business days after certification of
the registered voters is received from the'supervisor of
elections, the city manager or other official designated by
the council shall complete a certificate as to its
sufficiency, or, if it is insufficient, specifying the
particulars wherein it i2 defective, 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. No petitions shall be circulated
which are deficient as to form or compliance with section 6.05
pursuant to the writ~en review by the City Attorney in
subsection (1) of this section. If the number of signatures
is insufficient, the council shall notify the committee filing
the petition and allow 30 additional days for filing of
additional petition papers, at the end of which time the
sufficiencf or insufficiency of the petition shall be finally
determin~d.
Section 6.07 Referendum Petition; Suspension of Effect
of Ordinance.--Whe~ a referendum petition is filed with the
city manager or other official designated by the council and
deemed sufficient, the ordinance sJught to be reconsidered
shall be suspended from taking effect. Such suspension shall
terminate when:
(1) The petitioner'S committee withdraws the petition;
(2) The council repeals the ordinance; or
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HB 1729, First Engrossed
1 (3) After a vote of the city electors on the ordinance
2 has been certified.
3 Section 6,08 Action on petitions.--
4 (1) Action by Council. --Once the certification of
5 valid city electors is received, council ahall take
6 appropriate action addressing the sufficiency of the petition
7 pursuant to section 166.031, Florida Statutes. If the
8 petition is sufficient, council shall schedule the item for an
9 ele~tion or, if appropriate under section 6,02 of this
10 charter, council may repeal or amend an existing ordinance
11 thereby negating the need for an election. The council, in
12 its discretion, may schedule the matter at either the next
13 city election or ~ special election. If the petition is to
14 repeal an ordinance, council shall determine whether or not to
15 repeal or amend the existing ordinance at the next regularly
16 scheduled council me~ting following the determination ~f
17 petition sufficiency. If council, in its discretion,
18 determines r.ot to a:nend or repeal the ordinance petitioned for
19 repeal, a special election shall be called not less than
20 ninety (90) days from the date of determination of petition
21 sufficiency. The special election o~ the repeal of an
22 ordinance shall be by rr~il ballot unless such election ~an be
23 scheduled concurrently with a city, county, state, or federal
24 election occurring within that time period,
2S (2) Submission to Voters.--!f council decides a
26 special election is ~o be held, it shall be conducted by mail
27 ballot not less than ninety ~ 90) daYs fI'om the date of
28 council's determination of the need for a special election if
29 there is no inteIvening city, county, state or federal
30 election on which this matter could be placed, Passage of the
31 times provided in subsection (1) without action by the ~ouncil
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HB 1729, First Engrossed
1 shall be consider~d rejection, refusal, or declination.
2 Copies of the proposed ordinance shall be made available to
3 che vot.ers--either at the polls or by mail ballot, whichever
4 is appropriate. Any petition rejected by the voters may not be
5 submitted again for one year. If repeal of a law is rejected
6 by the voters, the law shall not again be suspended until
7 repeal is support.ed by the voters or the council repeals it.
a (3) Withdrawal of petitions,--An initiative or
9 referendum petition may be withdrawn at any time prior to the
10 fortieth day prece:ding the day scheduled for a vote of the
11 city by filing with the city manager or other official
12 designated by the council a request for withdrawal signed by
13 at. least four mew~ers of the petitioner's committee. Upon the
14 filing of such request, the petition shall have no further
15 force or effect and all proceedings thereon shall be
16 terminated. lull' and all c,:,sts, including labor, associated
17 with the preparation and acqui~itio~ of supplies for the
18 conduct of an election scheduled, but subsequently canceled
19 because of the withdrawal of the petition, shall be reimbursed
20 by the city to the supervisor of elections in full.
21 Section 6,09 Results of Election.--
22 (1) Initiative. --If a majority of the qualified
23 electors voting on a proposed initiative ordinance vote in its
24 favor, it shall b~ considered adopted upon certificatiofi of
25 the election results and stall be treated in all respects in
26 ~he same manner as ordinances of the same kind adopted by the
27 council. If conflicting ordinclnceg~are approved at the same
28 election, the one recei.ring the greatest number of affirmative
29 votes shall prevail tc th~ extent of such conflict,
30 (2) Ref~re~dum.--If a rrajority of the qualified
31 electors voting on a referred ordinance vote againet it, it
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1 shall be considered repealed upon certification of the
2 election results.
3 ARTICLE VIr - GENERAL PROVISION
4 Section 7.01 Charter Amendment,--This charter may be
5 amended in accordance with the provisions for charter
6 amendments as specified in the Municipal Home Rules Powers
7 Act., ch. 166, Florida Statutes, as the same may be amended
8 from time to time or its successor, or as may other~ise be
9 provided by general law.
10 Section 7.02 Code of Ethics.--
11 (1) Public officers, employees, members of licensing
12 or advisory boards, and candidates shall conform to the "Code
13 of Ethics for Public Officials and Employees," Part III of
14 chapter 112, Florida Statutes.
lS (2) Public officer.'s shall file Form 1 with the Collier
16 County Su~ervisor of Elections annually by July 1. Candidates
17 shall file Form 1 along with t.heir quali~ication documents.
18 Employees and members of licensing or advisory boards shall
19 file Form 1 annually by July 1 if required by state law.
20 Persons such as attorneys, engineers, certified public
21 accountants, and the like, serving the city under contract,
22 full or part time, shall file Form 1 and Form 3 annually by
23 July 1. In the event that the Florida Code of Ethics is
24 amended or the fOl:ms changed, this Code of Ethics would comply
25 with the updated version.
26 Section 7.03 Transitional Comprehensive plan and Land
27 Development Regulations.--
28 (1) Until such time as the city adopts a comprehensive
29 plan, the applicable provi.sions of the comprehensive plan and
30 all existing land development rp.gulations of Collier Coun~y,
31 Florida, as the 5a~e exists on the day the city commences
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1 corporate existence. shall remain in effect as the Cl.ty's
2 transitional comprehensive plan and land development.
3 regulation8. Ho~ever, all planning functions. duties, and
4 authority shall thereafter be vested in the city council of
5 Marco Island, which shall be deemed the local planning agency
6 until the co~'cil establishes a separate local planning
7 agency.
8 (2) All powers and duties of the Collier County
9 Planning Co~~ission and any Board of Adjustment and Appeals
10 created pursuant to statutes. trade codes. and County
11 Commi55io~ of Collier County. Florida, as set forth in these
12 transitional zoning and land use regulations, sh~ll be vested
13 in the city council of M-3.rco Island until such times as the
14 city council delegates all or a portion thereof to another
15 entity.
16 (3) Subsequent to the commencement of the clLY's
17 corpora~e existence, no amendment of the comprehensive pl~n cr
18 land development regulations enacted by the Collier County
19 Commission shall be deemed as an amendment of the c::.ty I s
20 transitional comprehensive plan or land development
21. regulations or shall otherwise take effect within the city's
22 corpor-3.te limits unless approved by the city council.
23 Section 7.04 Legislation Review.--The council shall
24 review durir.g and within each even-decade year the city
25 charter, the city ordinances and the city resolutions then ~n
2b existence. Following such review it shall take such action as
27 may be in the best ir>terests of theLcity in accordance with
28 the provisionE of this charte=. Nothing herein shall
29 invalidate any charter provision, ordinance. or resolution
30 then in effect.
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section 7.05 Penalties.--Violations of ordinances
shall be punishable in accordance with the uniform fines and
penalties set by general law.
Section 7.06 severability.--If any article, section,
subsection, sentence, clause, or provision of this charter or
the application thereof shall be held invalid for any reason,
the remainder of the charter and of any ordinances or
re~llations made thereunder shall remain in'full force and
effect.
ARTICr.E VIII - I>".ARCO ISLAND FIRE CONTROL DISTRICT
Section 8.C1 Dissolution,--Upon the effective date of
this cr~rter. the Marco Island Fire Control District, an
independent special district created by a special act of the
Legislature, shall cease to exist; and chapters 65-1413,
78-491, 79-444, 80-595, 82-2G2, 84-415, 89-456, 90-464, Laws
of Florida; sections 8.01-8.07 of chapter 90-457, Laws of
Florida; and sections a.~1-8.07 of chapter 93-384, Laws of
Florida t are repealed, However I the Distl-ict shall continue
to operate and function as normal until council members have
been elected and decide to alter responsibilities or
func~ions. From that. date forward, the city shall have,
exercise. and eDjoy all rights, immunities, powers, benefits.
privileges, and franchises now and formerly possessed or held
by said Marco Island Fire Control District.
Section 8,02 Transfer of Assets.--The assets,
liabilities. and contracts of the Marco Island Fire Control
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District, including all rights, obligations, duties, and
relationships now existing by law or agreement, including
responsibility to provide fire protection service to the area
of Marco Island known as G(Jodland, shall be unaffected and
shall remain in full force and effect and shall become those
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of the City of Marco Island. All rights, claims, actions,
orders, and all cOHtraccs between the special district and
discrict personnel, and all legal or administrative
proceedings involving the district, shall continue in full
force and effect under the jurisdiction of the City of Marco
Island.
Sec~ion 8.03 Transfer of Resolutions and Policies.--To
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the extent not inconsistent with this charter, all resolutions
and policies of the Mar.co Island Fire Control District shall
remain in effe.ct unt il amended, revised, or repealed by the
city council.
Section 8.04 Transfer of Services,--Fire protection
services to the area for~erly served by the Marco Island Fire
Control District shall thereafter be a function of the City of
Marco Island. Service to the area known as Goodland, outsid.e
the boundaries of: the city, will be provided in accordance
with an interg::>vernmental agr.eement with Collier County.
Section 8.05 Transfer of Personnel.--Employees of the
Fire Control District shall become employees of the city, and
all rights as to vacation, sick leave, pay grades, retirement,
insurance, and similar personnel benefits shall be preserved
until such time as rules, regulations, and personnel
procedures have been established by the city.
Section 8.06 Establishment of Advisory Board.--Those
elected Fire Commissioners of the Marco Island Fire Control
District currently in office shall continue as an advisorl
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board of the city until the expirad.on of their terms of
offi.ce.
Section 8.07 Further.- provisions by Ordinance.--S'..lch
further provisions as are. deemed ne.::essary to effec~ this
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transition and to provide. for the operation of the Marco
Island Fire Department shall be provided by ordinance,
ARTICLE IX - STATE-SHARED REVElroES AND LOCAL OPTION GAS TAXES
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Section 9.01 City participation in State-Shared
Revenues Programs and Local Option Gas Taxes,--
(1) It is reco~1ized that the services provided by
independent districts within municipal boundaries provide
essential services which would custolMrily be provided by
municipal government. It is therefore declared that the City
of Marco Island shall be eligible to participate in
revenue-sharing beyond the minimum entitlement in any fi~cal
year, provided ~hat the City and all independent special
district.s created under special law, combined, levy ad valorem
taxes in amOilllt.s as req~ired by section 218,23, F.S,
(2) State-shared revenues.--The City of Marco Island
shall be entitled to participate in all shared revenue
programs of the State of Florida effective immediately on t.he
date of incorporation. The provisions of subsection
218.23(1), F.S., shall be waived for the purpose of
eligibility to receive revenue sharing funds from the date of
incorporation through the state fiscal year 1997-19~8, For
purposes of meeting provisions of subsection 218.23(1), F.S..
relating to ad valorum taxation, the millage levied by special
districts within the corporate limits of the City may be used
for an indefinite period of time. Section 218,26(3), F.S"
shall be waived foz: the 1997-1998 state fiscal year and the
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apportionment :actors for the munic"ipalities and counties
shall be recalculat.ed pursuant to s. 218.245, F.S. Initial
population ~stimates for calculating eligibility for shared
revenues shall be determined by the University of Florida
Bureau of Econornic and Business Research. Should the Bureau
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be unable to provide an appropriate population estimate, the
Collier County Department of Community Development shall
provide an appropriate eatimate,
(3) Local Option Gas Taxes,--Notwithstanding the
requirements of Section 336,025, F,S., to t~e contrary, the
City of Marco Island shall be entitled to receive local option
gas tax revenues beginning October 1, 1997. The Raid revenues
shall be distributad in accordance with Section 336.025, F.S.
AR'l'ICr,E x - TP..ANSITION SCHEDULE
Section 10.01 Referendum,--The referendum election
called for by this act shall be held within 120 days after
approval by the State Legislature and, in any case, no later
than Septemb~r 1, 1997, at which time the following q'.lestion
shall be placed on the mail ballot:
INCORPORATION OF THE CITY OF MARCO ISLAND
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"Shall UBI?).' as enacted by the 1997 Legislature creating a
City of Marco Island and providing for its Charter, be
approved?"
( ) YES
() NO
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In ~he event this question is answered affirmatively by a
majority of the voters voting in the referendum, the
provisions of this charter shall take effect in accordance
with this transit~on schedule.
Section 10.02 Council Election.--The timing and
sch~dule for the initial election i~ described in section
3.02. The expense of such election shall be repaid ty the
city within 12 month~.
Section 10.03 Schedule.--
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HE 1729, First Engrossed
1 (1) First Council Meeting.--The organizational meeting
2 shall be held on the first Tuesday following the election at
3 9:00 a,m. at the Frank MackIe Community Park, Marco Island.
4 The city council shall organize in accordance with the
5 provisions of Article III of this charter.
6 (2) The n~wly elected council members will promptly
7 appoint an acting city attorney,
8 (3) Terms of Office of First Council.--Council members
9 elected pursuant to this section shall hold office until their
10 successors are elected in the elections for city offices
11 called, pursuant to section 3.01.
12 Section 10.0'1 First-Year Expenses, --The city council,
13 in order to provide nloneys for the expenses and support of the
14 city until such times as a budget is adopted and revenues are
15 raised in accordance with provisions of this charter, shall
16 have the power and authority to borrow money by resolution of
17 the city council upon notes or other oblic;ations of the city;
18 but in no event shall such borrowings exceed $750,000.
19 Section 10.05 Transition Ordinances,--The council
20 shall adopt ordinances and resolutions required to effect the
21 transition. Ordinances adopted within 60 days of the first
22 council meeting tmder this charter for the pUrpose of
23 facilitating the transition may be passed as emergency
24 ordinances following the procedures in Article III, except
25 that: transition ordinances shall be effective for up to 9C
26 days after enactment. Thereaft~r, such ordinances may be
27 readopced, renewed, or otherwise cJntinued only in the manner
28 prescribed for normal ordinances in Il.Z'ticle III,
29 Section 10.06 County Ordinances and Services Duriug
30 Transition Pe.riod.--
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(1) Pursuant to Article VIII of the Florida
Constitution, the ordinances, I~les, and regulations of
Coll.ier County shall continue to be in effect within the
boundaries of the City of Marco Island. except that a county
ordinance, rule, or regulation in conflict with an ordinance,
rule, or regulation of the City of Marco Island shall not be
effective to the extent of such conflict, Any existing Collier
County ordinances, rules, and regulations, as of the date this
charter is approved, shall not be altered, changed, rescinded,
or added to, nor dhall any variance be granted thereto insofar
as such action would affect the City of Marco Island, without
the approval of the city council, Collier County is
authorized to continue to provide all Municipal Service Taxing
District ("MSTD") and/or [YJunicipal Service Taxing Unit
("HSTU") services budg~ted to be provided, as of the date this
charter is approved, unless the city council of Marco Island
votes to tenninate aay or all such services.
(2) If the city council of Marco Island terminate~ any
Msm and/or MSTU service, trom that date forward, the city
shall have, exercise, and enjoy all rights, immunities,
powers, benefits, privileges, and franchises now and formerly
possessed or held by said MSTD and/or MSTU. The assets,
liabilities, and contracts of said MSTD and/or MSTU, including
all rights, obligations. duties, and relationships new
existing by law or agreement, shall be unaffected and shall
remain in full force and effect and shall become those of the
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City of Marco Island. All rights, claims, actions, orders,
and all contracts between the terminated MSTD and/or Msru and
k,ey person..'1el, tind all legal or adm:inistrati ve proceedings,
shall continue in. tuB force and effect under che jurisdiction
of the City of Marco Island. To the excent not inconsistent
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HB 1729, First Engrossed
1 with this charter, all resolutions and policies of the
2 terminated MSTD and/or MS1~ shall remain in effect wltil
3 amended, revised, or repealed by the city council.
4 Section 10.07 Effect of Incorporation on Certain
5 Existing Indebtedness.--Nothing in this act shall affect the
6 obligation of the city, or any property owners therein, for
7 their rightful share of any indebtedness incurred through the
B Collier COlli1ty Public Park and Recreation Municipal Service
9 Taxing Unit or the Marco Water and Sewer District in existence
10 and legally due as of the date of incorporation.
11 Section 10.08 Deletion of Obsolete Schedule
12 Items.--The council shall have power, by resolution, to delete
13 from this Article any section. including this one, when all
14 events to which the section to be deleted is or could become
15 applicable have occurred.
16 Section 10.09 This act shall take effect upon app=oval
17 of a majority of the registered electors residing within the
18 proposed corporate limit and voting in a referendum election
19 as provided in section 10.01, except that section 10.01 and
20 this section shall take effect upon becoming a law,
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