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Resolution 1997-361 ."---"',-.--- ,. ... ~-- 9 A-IlI~ 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 ~ "1 A- ~ ! 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)) ~~ -~ l~ 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 --- 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. - 2 - . ~ I . . .' '~'.' j...l : .. '. \ .:" .. ..., : '... .., .' '.- t ~ ..: ,,-'.! ":..'. .... . r .,~, ,~.: .'t" t'" . , g A - MI~ 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, " ,~'r:."" ~ .. A .~~~~~'HD, (If' . ~1'G~:r.E...:' ~R~, Clerk ..I.., _ _'/ . ~ . ~. " , --::;.. t,.-.J, . f' ;j{ .:} ,'i'~~::W#.- ~.4e, ~/ , ,,I'~. .' . ..../' .' I. ,~.:.. '.:. ..~' d'\" "",.oIi'". ~1,i1\1' . '\-~ "~~J."e.u.~'~"~'~" . Approved as to form and legal sufficiency: ~~,~ aV).d C. e~gel County Attorney ddalh:rcsolutionsIMa/'\:o Island initial electinn BOARD Of COUNTY CO~1ISSIONERS COLLIER COUNTY, FLORIDA , -...-- ........_-.-.~ ...__.... ..____._.i_.._.-..... .~- ...--...-." , j, 9 A- ENROLLED 1997 l.egislature ~~ 1729, First Engrossed 1 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. 26 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 1 CODING:Words ~L~~~~e!l are deletions; words underlined are additions. Exhi b;'r 'A If '; I ......._~..... [7'- --....lS',......,...H.....-~--- .-..r-- -- ---rjlll. .-..------ - .... .---..--:- ~::;l 1 :2 r 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - 19 20 21 22 23 24 25 26 27 23 29 30 31 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 ; 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, 2 CODING:Words ~L~~Gk~n are deletions; words underlined are additions. ________~_'V,__._..'---- ,-- ---~_._-_.. .,---- <3 A ~ "'\"1 ENROLLED 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 31 3 CODING:Words ~~~icken are deletions; words underlined are additions. 9 A~fttt1f1 ENROLLED 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. 4 CODING:Words 5L....:....k.e.l are deletions; words underlined are additions. 9 A 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: 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 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 J.8 5 CODING:words ~t~~cken are deletions; words underlined are additions. .~ '... :.: .~"; ~ c'''' .~ ~'!;. /";--(f .~~::- 1~'...4-(...""'j '1(~>:'l.\.'..J:-~(I: \~I":"""':~"""~/..":I)....\.....;'.'J': :.........'..~ ',: :....,.:. ~ ~. ....\<..(...~.~} ~"'/I;...,....:'~"~>.':",,.,.1). 9 A I .1 ENROLLED 1997 Legislature HB 1729, First Engrossed 23 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 J.6 17 18 19 20 21 22 24 25 26 27 28 29 30 31 6 CODING:Words ~LJ::.i.,J...el. are deletions; words underlined are additions. , ~ 1 2 3 4 5 6 7 8 9 10 11 _ _, . _."" . _ __....._.__._______................~l.--....~ ~JIKlt'...,.,.....--....- ..._......'.....M........--..............~_....' -- - I I 9 A 1ft14~ 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 12 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, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 I :n 7 COD:ING:Words -sL...i_}'~il' are deletions; words underlined are additions, ...-.-......--___.._._~ '_.w " ,"',' " / :', ,.';, , " ',',. :;;'.::"" '~,/,".~ : ,:~;"- '.';;-'~ '., ~",.' " .', ' ',",,:, ,;",,',:', :'..', . " ... 9 A~II'I_ 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. 8 CODING:Words stL~~k~n are deletions; words underlined are additions. ').. :~'. ~'::r ~~ ~,' '/:'i' ~': .::>. .~,: :' .'::>."'; :C;,;f;i'-::.(';: " ..;' ~{.:/t'~..::~:::l:'~,;:;:'~'~(:~' '~,:..;'),~',::'.: ;'. ::' ," :":. :, >.' ::~:'~ :; . '.; , ~.:'.~;,:..', ,',. , ./';{~:~<; ~~~. ~ :>~;.\ ?"':~ 9 A 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. 31 9 CODING:Words ~-k~! are deletions; words underlined are additions. .,', <:. ,,';..', i ", ': ;\';.;': '.'i ~;:; ~~::i;';)~r:)J: ;::~f :,~:,C;;, ;,:~' ,:~':~. ; ~ '::0.,', ' '~'.'\?;' ~ :':,;;!:~:::~:F: :::/-' .;// ': " 9 A 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 10 CODING:Words ~~ are deletions; words underlined are additions, .' 9 A........~ ENROLLED 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: 30 31 11 CODI:NG:Words ~tl.i(.kell are deletions; words underlined are additions. t' 'j t~" ... ENROLLED 1997 Legislature 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 12 CODrNG:Words ~~n are deletions; words underlined are additions, }'~( ".</:i' : ;:: :,:: :)t<\' :" :",? :"/ X ~':~'rx ;~" ( :.;. : 1::: > ; ,:,>,;:,~ '~',,', ':', ,;. <. .', ~,: i,':,:' :':i);/;;;: ',:~:./, '/,? . ~ 9 ~ ENROLLED 1997 Legislature HB 1729, First Engrossed 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 31 13 CODI:NG:Words ",L...i...J.e,'! are deletions; words u..Tlder1ined are additions. 9' A . ENROLLED 1997 Legislature 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 14 CODING:Words ~trichen are deletions; words underlined are additions. " " 9 A ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 5 6 7 B 9 10 11 12- 13 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,-- 14 (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 . 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 ~s 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 lS CODING:Words ~L~~Gken are deletions; words underlined are additions. '..-' _',;",~ .', '. " ",..',.' ~ ,~-::.';:'.',:fi ;,:: ','" " .~,:> ~i'" "',~,' -" ::~ ','. ,', :' ,...t."" ,._~:,;.:. :.;,.- ..' \':"'~.:.:"'. J .. 9 A ENROLLED 1997 Legislature HB 1729, First Engrossed 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 16 CODING.Words ~"'.l.id.er: are delet.ions; '..,ords underlined are additions. .. . . : ': ..: ... .. : <, :<' ) ;:' ::> ,.,; :(; ./~~:;, <<~' ':. '> ,.' ... . .. .' ': .-<:\:<: .... ,.\ q ~ ENROLLED 1997 Legislature 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 31 17 CODING:Words st~~~n are deletions; words underlined are additions. 9 A'~ ~ \ '! ENROLI~ED 1997 Legislature 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 18 CODIliG:Words $t~~ are deletions; words underlined are additions. _..___. _.. ___._...__.._.___r r ..... - ----- - _lIIRrllli""'--- - --- .r.: 111. 9 A~"" ENROLLED 1997 Legislature 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 19 COD:ING:Words ~ri-d:en arc deletions; words unde;-lined are additions. 9 A ENROLLED ~997 Legislature 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 . 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, 20 COD:tNG:Words ~iGh~.J.l are deletions; words underlined are addi t.ions . '. : . '., . " '. . . . .'.;, ': . " "I.... ;,',. ,;. ':. '..' . " ' '.' ,'. < ;:,. "', '.' -,' 9 A ENROLLED ~997 Legislature 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 21 CODING:Words strrer.en are deletions; words underlined are addii.icns. 9 ^ ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 5 6 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 7 8 9 10 11 12 13 14 15 161 17 ' 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 18 19 20 21 22 23 24 25 26 27 28 29 30 I 31 22 CODIRG:Words ~tt:cker. are deletions; words ~rlined are additions. ::::'. j~_" , 'r!: ',>. ,','.' .";,' .' <. .;,', . ~,;.~ ':':, ~ ~ .< ..J. .'<- " :~> :'.,:.t~:',;:<:~ ,~:: . ""~;' :' " :,: ,', ,,:" '. ,~ " ,,',~, ..: .. >.>,' ,':',': : ><>P:<~' ~':<;':,: I:::;'/;~""~ ':" 9 A ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 . 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 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 I 23 CODrNG:Words ~lLic~! are deletions; ~ords ~ndp.rlined are additions. ,~< : :,' :-';. , . : ~ .... >', '\1.. >:..' , .' ~' . > ~;-.: : .::~; .!}:~~:}~~'.'f(:"!,'..,~~.:.,_:.:\ :.: ',-':~ . " " ',,": ~. ",' ,.,': . .:: :}.. .:;' : :'.<~::"}' ~ :' .<>', :>' '; { >- ',:, 9 A ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 5 6 : I 10 11 12 13 14 lS 16 17 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 18 19 ".0 21 22 23 24 2S 26 27 28 29 30 31 24 COCrNG~Words st.:~ke., are deletions; words underlined are additions. ._ _ ___.,. ~_.~_ __ _____ ....,.......,...~__......._..............____..-.....~~-'Il.-...".......--.,. -..".., .,..-~ -- --.....-~-~ --- 9 A ENROLLED 1997 Legislatur~ 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 25 COO:J:NG:Woras ~L....i.dc~ are deletions; words underlined are additic:-ns. ~ ,,, ,,;,' i:' . .', ',":' <,.::r '; (;':':: {~;l.:~~:.: c:' ; <:. :: " :.' ". ~; .... ';,,' '.: ", ',' .', ;.: :?: : i:r.,;;. ~.. .~ :. ~:: :::" \': . 9 A ENROLLED 1997 Legislature 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 26 CODING:Words ~"C'';'..~c.n are deletions; words underlined are additions. . "':"':',',;,'. ,":':~' . ,,':",~, ";..'.";':./,.,...:" _.,'i".'.....,:;,:..,..; ,... " .. \.' .,.... . """;" ...:,.' ...,.'/,-':.., \ 9' A ENROLLED 1997 Legislature HE 1729, First Engrossed 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 27 CODING:W9rds ~~en are del~tions; word~ underlined are additions. " 9 A...... ENROLLED 1997 Legislature HB 1729. First Er.gr~ssed 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. 31 28 CODDlTG:Words :st1.ick~l. are deletions; words ~~derlinE:d are additions. ':,"['::":'~'" I,', ,;:><'.~,:i..',<:;.' :,::':i',"~~';'.':~,,{.:,..::.~....:',~~.,\~.';...<<'.',.'.' ::.,' ,:',' " ."..,,<,'-::'~'::-..:.;>;: ".::-'"":".; :'~'.":'.", , ENROLLED 1997 Legislature HB 1729, First Engrossed 1 I 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 . 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 :2 3 4 5 6 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 29 CODrNG:Words ~t~iCh~ are deletions; words underline~ are additions, 9 A ... .... "1 . ' 9' A ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 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 ... .J 4 5 6 7 8 9 10 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 . 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 11 12 13 14 15 16 17 ~81 19 20 21 22 23 24 25 26 27 28 29 30 31 30 CODING:Words ~~r~G~n are deletions; words underlined are additions. . . q A- EllRCLLE.'D 1997 Legislature HB 1729, First Eng~ossed 1 2 3 4 S 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 : I : \ 10 I :: I 13 14 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 . 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 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 31 COD:ING:Wozds st:!. ':'~.b:ll are deletions; words underlined are additions. . · , t . . q. A ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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 lS 16 17 18 19 20 "Shall UBI?).' as enacted by the 1997 Legislature creating a City of Marco Island and providing for its Charter, be approved?" ( ) YES () NO 21 22 23 24 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.-- 25 26 ;1'.7 28 29 30 31 32 CODING:Words ~~~~Gken are deletions; words underlined are additions, _.~............___......,,__.,_~:!,_J"__."l'~"""-""'''----'''''----'-''~.''_/IIIf'JII&-._~_.... 4~__""''''~._,~--~'''~- ... v__~" ~~ . . 1 , ...........___ ok '9 ~~.. A'-" ENROI..LED 1997 Legislature 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.-- 31 33 COD:tNO:Words s-l..rld,-en are deleti,.:msj words W1derlined are additions. .. I I , q' ~- ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 (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 . 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 3 I 4 I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 34 CODING:Wcrdsstri-cr.en are deletions; words underlined are additio;1,s. k.._~~...,....,...........__PDM'~IIIll~'III:'I'WII'l.-~I"'_,~..-.----~-_.. ~...a~Util_.u -.. T T '. ~JI_ :a118Jl. --'1lI i '. - --- - ~ ..,. 11- ~17111lf-U~''''''--' -., r ~ . It · I 4 9, A....~ ENROLLED 1997 Legislature 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, 21 22 23 24 25 26 27 28 29 30 31 3S CODING:Words h~~~~k~n are d~letions; words underlin~d are additions.