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PART I, SECTION A -COUNCIL-MANAGER, BASIC CHARTER
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ARTI I - CREATION AND POWERS
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$1.01 - Creation and Powers
The City of is hereby
created which shall have all governmental, corporate and pro-
prietary powers to enable it to conduct municipal government,
I perform municipal functions and render municipal services,
and may exercise any power for municipal purposes except as
J otherwise provided by law.
1 ARTICLE II - CORPORATE LIMITS
52.01 - Description of Corporate Limits
• The following area shall constitute the corporate
limits of the City of
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ARTICLE III - LEGISLATIVE
53.01 - City Council: Powers and Composition
There shall be a city council with all legislative
powers of the city vested therein consisting of five (5) members
(who shall be electors of the city), (one (1) member residing
in each of the five (5) election districts shall be elected by
the electors of the city.]
(certain bracket qualifications to be dropped if alternative 2
to alternative S3.01 or optional S3.02 is used]
53.03 - Election aid Terms
1 The regular election of city councilmembers shall be
held on the day of in each odd (even)
I+ numbered year, in the manner provided in article V of this
l charter and shall be for four (4) year terms:
53.05 - Mayor
The council shall elect from among its members a mayor
and a vice mayor. Election of the mayor and vice mayor shall be
1 done annually at the first (lst) regular council meeting after
J the city election and in nonelection years at the first (1st)
regular council meeting in The mayor
shall preside at meetings of the council, shall be recognized
as head of city government for all ceremonial purposes, by the
governor for purposes of military law, for service of process,
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execution of contracts, deeds and other documents, and as the
city official designated to represent the city in all agreements
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with other governmental entities or certifications to other
governmental entities, but shall have no administrative duties
except as required to carry out the responsibilities herein.
The vice mayor shall act as mayor during the absence or disability
of the mayor.
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$3.07 - Vacancies; Forfeiture of Office; Filling of
Vacancies
1 (a) Vacancies The office of a councilmember shall
become vacant upon his death, resignation, removal from office
in any manner authorized by law or forfeiture of his office,
such forfeiture to be declared by the remaining members of
the council.
(b) Forfeiture of office A councilmember shall
forfeit his office if he lacks at any time during his term
of office any qualification for the office prescribed by this
charter or by law.
(c) Filling of Vacancies A vacancy of the council
shall be filled in one of the following ways': (1) If there are
less than six (6) months remaining in the unexpired term or if
there are iess.than six (6) months before the next regular city
election, the council by a majority vote of the remaining members
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shall choose a successor to serve until the newly elected council-
member is qualified. If two (2) years remain in the term of the
vacated seat at the time of the next regular election, that seat
shall be filled by election for the remaining two (2) years;
(2 ) If there are more than six ( 6 ) months remaining in the un-
expired term and no regular city election is scheduled within
six (6) months, the council shall fill the vacancy on an interim
basis as provided in (1), and shall schedule a special election
to be held not sooner than sixty (60) days, nor more than ninety
(90) days following the occurrence of the vacancy and if a first
(1st) nonpartisan primary election is necessary, it shall be
scheduled two (2) weeks prior to the special election. Notwith-
standing any quorum requirements established herein, if at any time
the membership of the council is reduced to less than a quorum, the
remaining members may by majority vote, appoint additional members
under either (1) or (2) above.
(d) Extraordinary Vacancies_ In the event that all
members of the council are removed by death, disability, law or
forfeiture of office, the governor shall appoint an interim
I council that shall call a special election as provided in (c)
above and such election shall be held in the same manner as
the first (1st) election under this charter.
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53.09 - Procedure
1 (a) Meetings The council shall meet regularly at least
f once in every month at such times and places as the council may
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prescribe by rule. Special meetings may be held on the call of
I the mayor or of a majority of the members and, whenever practicable,
upon no less than twelve (12) hours' notice to each member and the
public.
I (b) Rules and Journal The council shall determine its
own rules and order of business.
1 (c) Voting Voting, on ordinances and resolutions,
J shall be by roll call on final action and shall be recorded in the
Journal. A majority of the council shall constitute a quor
but a smaller number may adjourn from time to time and may compel
the attendance of absent members in the manner and subject to
the penalties prescribed by the rules of the council. No action
of the council e:.cZpt as otherwise provided in the preceding
sentence and in '53.07, shall be valid or binding unless adopted
by the affirmative vote of the majority of a quorum present.
ARTICI.Z IV - ADMINIS':RATIVE
54.01 - City Manager
There shall be a city manager who shall be the chief
administrative ofti_er of the city. The manager shall be responsible
to tha council for the aiministration of all city affairs placed
in his charge by or unaer this charter.
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1 S4.02 - Appointment; Removal; Compensation
(a) Appointment The council shall appoint a city
r manager for an indefinite term by a majority vote of all the
counci m embe .
(b) Removal The council may remove the manager
I by a majority vote of all the eouneilmembers and upon demand
1 by the manager, a public hearing shall be held prior to a vote
1 to remove the manager.
(c) Compensation The compensation of the manager
shall be fixed by the council and shall not be reduced during
his tenure.
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54.03 - Acting City Manager
I By letter filed with the council, the manager shall
designate, subject to approval of the council, a qualified city
administrative officer to exercise the powers and perform the
'j duties of manager during his temporary absence or disability.
J During such absence or W.sability, the council may revoke such
designation at any time and appoint another officer of the
city to serve until the manager shall return or his disability
shall cease.
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f S4.04 - Powers and Duties of the City tdanager
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The city manager shall:
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(a) Appoint, and when he deems it necessary for the
good of the city, suspend or remove all city employees and
appointive administrative officers provided for by or under
1 this charter, except as otherwise provided by law, this charter
or personnel rules adopted pursuant to this charter. He may
authorize any administrative officer who is subject to his
direction and supervision to exercise these powers with respect
to subordinates in that officer's department, office or agency;
(b) Direct and supervise the administration of all
l departments, offices and agencies of the city, except as otherwise
provided by this charter or by law;
(c) Attend all council meetings and shall have the
right to take part in discussion but may not vote;
(d) See that all laws, provisions of this charter
J and acts of the council, subject to enforcement by him or by
officers subject to his direction and supervision, are faithfully
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(e) Prepare and submit the annual budget, budget
message, and capital program to the council in a form provided
by ordinance;
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(f) Suhmit to the council and make available to the
public a complete report on -the finances and administrative
activities of the city as of the end of each fiscal year;
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(g) Make such other reports as the council may require
concerning the operations of city departments, offices and agencies,
subject to his direction and supervision;
(h) Keep the council fully advised as to the financial
condition and future needs of the city and make such recommendations
to the council concerning the affairs of the city as he deems
desirable;
(i) Sign contracts on behalf of the city pursuant
to the provisions of appropriations ordinances;
(j) Perform such other duties as are specified in this
I charter or may be required by the council.
ARTICLE V - QUALIFICATIONS AND ELECTIONS
55.02 - Nonpartisan Elections
All qualifications and elections for the office of
city council* shall be conducted on a nonpartisan basis without
regard for or designation of political party affiliation of any
nominee on any nomination petition or ballot.
*[Add "or mayor" if alternative 2 of 53.05 is selected]
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S5.03- Qualifications
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candidates for the office of city councilmember* shall
qualify for such office by the filing of a written notice of
candidacy with the designated official at such time and in such
manner as may be prescribed by ordinance.
*(Add "or mayor" if alternative 2 of S3.05 is selected]
55.04 - Form of Ballots
The council by ordinance shall_ prescribe the form
of the ballot including the method for listing candidates for
city council* elections and any other city election. A charter
amendment to be voted on the by city shall be presented for
l voting by ballot title. The ballot title of a measure may
differ from its legal title and shall be a clear, concise
1 statement describing the substance of the measure without
argument or prejudice. Below the ballot title shall appear
the following question: "Shall the above described amendment
_J be adopted ?" Immediately below such question shall appear, in
J the following order, the words "for approval" and also the words
"against approval" with a sufficient blank space thereafter
for the placing of the symbol "X" to indicate the voter's
choice or with a lever opposite "for approval" or "against approval"
if voting machines are used.
J *[Add "and mayor" if alternative 2 of S3.05 is selecLedl
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S5.05 - Elections
(a) Multiple Candidates When two (2) or more persons
qualify as candidates for the office of city council for any of
I the designated seats of the city council to be filled *, the person's
name who so qualified shall appear on the ballot and be voted upon
at a first (lst) nonpartisan primary election to be held on the
in and the two (2) persons receiving
the highest number of votes cast for each designated seat on the
city council shall be declared candidates for each of such designated
seats and shall be voted upon at the regular city election to be
held on the in , and the person
receiving.the highest number of votes cast at such regular city
election shall be declared elected; provided that if any candidate
in the first (1st) nonpartisan primary election receives a
majority of the votes cast for a designated seat, such candidate
shall be declared elected without the necessity of being voted
upon in the regular city election and shall assume office at
r the same time and in the same manner as those elected in the
J{ regular city election.
(b) Single Candidates In the event not more than
one (1) person qualifies as a candidate, either for ballot listing
or write -in, for a designated seat on the city council* to be
filled at an election, that seat shall not be listed on the first
(1st) nonpartisan primary or regular city election ballot. Each
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1 unopposed candidate shall be deemed to have voted for himself.
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*[Add "or mayor" if alternative 2 of 53.05 is selected]
55.06 - Council Districts; Adjustment of Districts
(a) Number of Districts There shall be five (5)
I city council districts.*
(b) Districting Commissson By the first (1st) day
of the month following official certification of the decennial
census to the state, the city council shall appoint ten (10) **
city electors, determined from the registration for the last
statewide general election, who shall comprise the districting
commission. Electors chosen shall not be employed by the city
in any other capacity.
(c) Report; Specifications within one - hundred twenty
(120) days of appointment, the districting commission shall file
with the official designated by the council, a report containing a
recommended plan for adjustment of the council district boundaries
to comply with these specifications:
(1) Each district shall be formed of compact, contiguous
territory, and its boundary lines shall follow the center lines of
streets;
(2) The districts shall be based upon the principal
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of equal and effective representation as required by the United
States Constitution and as represented in the mathematical
preciseness reached in the legislative apportionment of the state;
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1 (3) The report shall include a map and description of
the districts recommended and shall be drafted as a proposed
ordinance. Once filed with the designated official the report
shall be treated as an ordinance introduced by a councilmember;
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(d) Support It shall be the responsibility of the
1 city manager to provide staff assistance and technical data to the
districting commission;
(e) Procedure The procedure for the council's
consideration of the report shall be the same as for other ordinances,
provided that if a sum— ry of the ordinance is published pursuant
to this charter and general law, it must include both the map and
a description of the recommended districts;
(f) Failure to Enact Ordinance The council shall
1 adopt a redistricting ordinance at least ninety (90) days before
1 the next regulag city election. If the council fails to do so by
such date, the report of the districting commission shall go into
effect and have the effect of an ordinance;
(g) Effect of Enactment The new council districts and
,I boundaries, as of the date of enactment, shall supersede previous
council districts and boundaries for all the purposes of the next
regular city election, including qualifications. The new districts
and boundaries shall supersede previous districts and boundaries
for all other purposes as of the date on which all councilmembers
elected subsequent to the date the new districts went into effect
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take office.
*[For alternative 2 of 53.01, this section can be deleted]
*[For alternative 3 of 53.01, "There shall be four (4)
city council districts. ")
* *[For alternative 3 of 53.01, "eight (8) "1
ARTICLE VI - TR.ANSITION SCHEDULE
[For newly incorporated areas, the provision
1 of 56.05 should be included as a section 2
of the special act providing for such incor-
poration. 56.01 - 56.04 and 56.06 are not
necessary for such acts.]
56.01 - Continuation of Former Charter Provisions
All provisions of Chapter Laws of Florida, (the
former charter) as amended by special law or otherwise which
are not embraced herein and which are not inconsistent with
this charter shall become ordinances of the city subject
to modification or repeal in the same manner as other ordinances
of the city.
1 56.02 - Ordinances Preserved
All ordinances in effect upon the adoption of this
charter, to the extent not inconsistent with it, shall remain
in force until repealed or changed as provided herein.
S6.03 - Rights of Officers and -Employees
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Nothing in this charter except as otherwise specifically
provided shall affect or impair the rights or privileges of
persons who are city officers or employees at the time of adoption.
Elected officers shall continue to hold their offices and discharge
the duties thereof until their successors are elected.
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S6.04 - Pending Matters
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All rights, claims, action, orders, contracts and legal
! or administrative proceedings involving the city shall continue
except as modified pursuant to the provisions of this charter.
f 56.05 - Schedule
(a) First Election At the time of its adoption, this
charter shall be in effect to the extent necessary in order that
the first (1st) election of members of the city council* may be
conducted in accordance with the provisions herein. The first (1st)
election shall be held on the of
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The city council elected under the former charter shall prepare
f and adopt by resolution temporary regulations applicable only to
J the first (lst) election and designed to insure its proper conduct
and to prevent fraud. (At the first (1st) election under this
charter, all five (5) councilmembers shall be elected; the two (2)
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for terms of four (4) years and the three (3) candidates receiving
ne next greatest number of votes shall serve for terms of two (2)
years. Thereafter, all elections shall be for terms of four (4)
years.] ** The terms of councilmembers shall begin the
day of after their election.
*(Add "and mayor" if alternative 2 of 53.05 is selected)
* *[See alternatives for bracketed section]
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1 (b) Time of Taking Full Effect This charter shall
be in full effect for all purposes on and after the date and
time of the first (lst) meeting of the newly elected council.
(c) First Council.Meeting On the of
following the first (lst) election of councilmembers
under this charter, the newly elected members of the council shall
meet at (time) at (place) and
shall organize under the provisions of article III of this charter.
(d) Transition ordiances The council shall adopt
1 ordinances and resolutions required to effect the transition.
Ordinances adopted within sixty (60) da %rs of the first (1st)
council meeting under this charter for the purpose of facilitating
the transition may be passed as emergency ordinances following
the procedures in article III except that transition ordinances
shall be effective for up to ninety (90) days after enactment..
Thereafter, such ordinances may be readopted, renewed or otherw se
continued only in the manner prescribed for normal ordiances in
i article III.
(e) Initial Salary of Councilmembers Members of
the council.shall receive an annual salary in the amount of
.$ ** until such is changed by the council in accordance
with the provisions of this charter.
*[Add "and mayor" if alternative 2 of SJ.05
is selected)
* *[Add "and mayor shall receive an annual salary in the
amount of $ if alternative .2 of §:3.05
is selected]
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S6.06 - Deletion of Obsolete Schedule Items
The council shall have power, by resolution, to delete
from this article VI any section, including this one, when all
events to which the section to be deleted is or could become
applicable have occurred.
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I PART I, SECTION B - COUNCIL- MANAGER, OPTIONAL AND ALTERNATIVE PROVISIONS
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ARTICLE I - CREATION AND POWERS
1 51.02 - Extraterritorial Powers (Optional)
[Any city currently possessing extraterritorial power
conferred by - special act should insure that such
power is continued in any revised charter either by
reference or by including such grant in the charter.]
l S1.03 - Construction (Optional)
The powers of the city shall be construed liberally in
favor of the city, limited only by the Constitution, general law
and specific limitations contained herein. Future special acts per-
taining to the jurisdiction and exercise of powers by this city shall
i be considered amendments to this charter and, pursuant to the pro -
sivions adopted for incorporation of other charter amendments,
shall be incorporated as official amendments to the charter.
j ARTICLE .III - LEGI'SLATIVE
53.01 - City Council; Powers, Compositions. (Alternative)
[Alternatives for S3.011
Alternative 1 . There shall be a city council of five (5)
members [who shall be electors of the city], elected from five (5)
' separate districts by the electors in each district.
Alternative 2 . There shall be a city council of five (5)
members [who shall be electors of the city], elected by the electors
-� of the city.
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Alternative 3 . There shall be a city council, of seven (7)
i members [who shall be electors of the city or the appropriate
districts), one (1) residing in each of the four (4) districts
elected by the electors of those districts and three (3) elected
by the electors of the city.
[bracket qualifications to be dropped if optional
53.02 is used]
§3.02 - Qualifications (Optional)
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Any elector of the city shall be eligible to hold
I the office of city councilmember. The council shall be the
judge of the election and qualifications of its members 'and
of the grounds for forfeiture of their office. A member
charged with conduct constituting grounds for forfeiture of
I his office shall be entitled to a public hearing on demand,
and notice of such hearing shall be published in one (1) or more
newspapers of general circulation in the city at least one (1)
week in advance of the hearing.
j §3.03 - Election and Terms (Alternative)
The regular election of city councilmembers shall be
held 'on the day of in each odd (even)
numbered years, in the manner provided in article V of this
charter and shall be for four (4) year terms except one (1) seat at
each election shall be filled for a two (2) year term. At each
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election, three (3) seats shall be filled. Two (2) shall be those
I for which a four (4) year term will be completed and the third (3rd)
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shall be the seat for which the winner in the previous election
l received the fewest votes.
53.04 - Compensation and Expenses (Optional)
J The council may determine the annual salary of council -
members* by ordinance, but no ordinance increasing such salary
shall become effective until the date of commencement of the
terms of the councilmembers elected at the next regular
election, provided that such election follows the adoption of
such ordinance by at least six (6) months.
*(For alternative 2 of 83.05, add "or the mayor ")
83.05 - Mayor (Alternative)
3.05
[Alternatives for S3.051
_.� Alternative 1 . (To go with Alternative 3 under 53.011
Election of the mayor and vice mayor shall be done at the
first (1st) regular meeting after the city election. The council
' shall elect one (1) of its at -large members as mayor. The council
may elect any other member as vice mayor.
Alternative 2 . (To go with any council alternative)
The mayor shall be an elector of the city elected to a four (4)
year term by the electors of the city. At the first (1st) council
meeting after each regular city election, the council shall elect
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one (]:) of its members as vice mayor. The mayor shall preside
at meetings of the council and shall be considered a member of
the council, but shall vote only in the case of a tie, shall
be recognized as head of city government for all.ceremonial
purposes, by the governor for purposes of military law, for
service of process, execution of contracts, deeds and other
documents and as the city official designated to represent the
city in all agreements with other governmental entities or
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certifications to other governmental entities. He shall annually
prepare a state of the city message, prepare an annual budget
message, set forth the agenda for all meetings of the council,
name committees of the council and appoint members of the city
boards with the approval of the council. He shall have no other
I administrative duties except as required to carry out the
responsibilities herein. The vice mayor shall act as mayor
1 during the absence or disability of the mayor. In case of the
death, resignation, or removal of the mayor, the vice mayor
J shall vacate the office of councilmember and serve as mayor
until the next regular election when the office shall be filled
for a full four (4) year term.
1 §3.06 - Prohibitions (optional)
(a) Appointment and Removals Neither the council
nor any of its members shall in any manner dictate the appointment
or removal of any city administrative officers or employees whom
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the manager or any of his subordinates are empowered to appoint,
but the council may express its views and fully and freely discuss
with the manager anything pertaining to appointment and removal
of such officers and employees.
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(b) Interference with Administration Except for the
1 purpose of inquiries and investigations, the council or its
members shall deal with city officers and employees who are
subject to the direction and supervision of the manager solely
i through the manager, and neither the council nor its members
shall give orders to any such officer or employee, either
publicly or privately. Nothing in the foregoing is to be
construed to prohibit individual members of the council from
closely scrutinizing by questions and personal observation,
all aspects of city government operations so as to obtain
independent information to assist the members in the formulation
of sound policies to be considered by the council. It is the
express intent of this charter, however, that recommendations
for improvement in city government operations by individual
I councilmembe•rs be made to and through the city manager, so that
the manager may coordinate efforts of all city departments to
achieve the greatest possible savings through the most efficient
J and sound means available.
J (c) Holding Other Office No former elected city
official shall hold any compensated appointive city office or
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employment until one (1) year after the expiration of the term for
which he was elected.
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53.08 - City Clerk (Optional)
f (Options for 53.081
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Option 1 . The council shall appoint a city clerk.
1 The city clerk shall give notice of council meetings to its
members and the public and shall keep the journal of its pro -
1 ceedings which shall be a public record.
1 Option 2 . (Leave the office of city clerk out of
this article and assign the duties to
the city manager in 54.U4 or allow the
duties to be assigned by ordiance.]
I S3.09 - Procedures (Alternative)
(Alternative subsections 3.09(b) and (c) to go with
Alternative 2 of S3.051
J (b) Rules and Journal The council shall determine
J its own rules and the mayor shall set the order of business for
each meeting.
i (c) Voting Voting, on ordinances and resolutions,
shall be by roll call and shall be recorded in the journal. A
;] majority of the council shall constitute a quorum; but a smaller
i number may adjourn from time to time and may compel the attendance
of absent members in the manner and subject to the penalties
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prescribed by the rules of the council. No action of the council
except as otherwise provided in the preceding sentence and in
53.07, shall be valid or binding unless adopted by the affirmative
vote of the majority of a quorum present.
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i 53.10 - Initiative and Referendum (Optional)
i (1) (a) Initiative The qualified voters of the city
shall have power to propose ordinances to the council and, if
the council fails to adopt an ordinance so proposed without any
change in substance, to adopt or reject it at a city election,
' provided that such power shall not extend to the budget or
capital program or any ordinance relating to appropriation of
money, levy of taxes or salaries of city officers or employees.
(b) Referendum The qualified voters of the city shall
have power to require reconsideration by the council of any adopted
1 ordinance and, if the council fails to repeal an ordinance so re-
considered, to approve or reject it at a city election, provided
that such power shall not extend to the budget or capital program
or any emergency ordinance or ordinance relating to appropriation
of money, levy of taxes or salaries of city officers or employees.'
(2) Commencement of Proceedings Any five (5) qualified
voters may commence initiative or referendum proceedings by filing
with the city clerk or other official designated by the council
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an affidavit stating they will constitute the petitioners' committee
and be responsible for circulating the petition and filing it in
proper form, stating their names and addresses and specifying the
address to which all notices to the committee are to be sent, and
1 setting out in full the proposed initiative ordinance or citing
l the ordinance sought to be reconsidered.
1 Promptly after the affidavit of the petitioners' committee
1 is file, the clerk or other official designated by the council may,
I1 at the committee's request, issue the appropriate petition blanks
to the petitioners' committee at the committee's expense.
(3) Petitions
(a) Number of signatures Initiative and referendum
f petitions must be signed by qualified voters of the city equal
j in number to at least fifteen percent (151) of the total number
of qualified voters registered to vote at the last regular city
election.
(b) 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 executed in ink or indelible
pencil and shall be followed by the address of the person signing.
Petitions shall contain or have attached thereto throughout their
,.l circulation the full text of the ordinance proposed or sought to
1 be reconsidered.
(c) Affidavit of Circulator Each paper of a petition
shall have attached to it when filed an affidavit executed by the
circulator thereof stating that he personally circulated the paper,
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the number of signatures thereon, that all the signatures were
i affixed in his presence, that he believes them to be the genuine
signature of the persons whose names they purport to be and that
j each signer had an opportunity before signing to read the full
l text of the ordinance proposed or sought to be reconsidered.
(d) Time for Filing Referendum Petit Referendum
petitions must be filed within thirty (3 ) days after adoption
I by the council of the ordinance sought to be reconsidered.
(4) Procedure for Filing
(a) Certificate of Clerk; Amendment Within twenty (20)
days after the initiative petition is filed and-five (5). days for
a referendum petition, the city clerk or other officii" designated
by the council shall complete a certificate as to its sufficiency,
specifying, if it is insufficient, the particulars wherein it is
defective and shall promptly send a copy of the certificate to the
petitioners committee by registered mail. Grounds for insufficienc
are only those specified in subsection (3). A petition certified
insufficient for lack of the required number of valid signatures
may be amended once if the petitioners' commtittee files a notice
I of intention to amend it with the clerk or other official designatec
by the council within two (2) days after receiving the copy of the
certificate and files a supplementary petition upon additional Pape.
within ten (10) days after receiving the copy of such certificate.
Such supplementary petition shall comply with the requirements of
subsections (b) and (c) of S .05, and within five (5) days after
it is filed the clerk or other official designated by the council
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shall complete a certificate as to the sufficiency of the petition
as amended and promptly send a copy of such certificate to the
Petitioners' committee by registered ;nail as in the case of an
original petition. If a petition or amended petition is certified
sufficient, or if a petition or amended petition is certified
insufficient and the petitioners' committee does not elect to
amend or request council review under subsection (b) of this
section within the time required, the clerk or other official
designated by the council shall promptly present his certificate
to the council and the certificate shall then be a final deter-
mination as to the sufficiency of the petition.
(b) Council Review If a petition has been certified
insufficient and the petitioners' committee does not file notice
of intention to amend it or if an amended petition has been certified
insufficient, the committee may, within two (2) days after receiving
l the copy of such certificate, file a request that it be reviewed
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by the council. The council shall review the certificate at its
-next meeting following the filing of such request and approve or
disapprove it, and the council's determination shall then be a final
determination as to the sufficiency of the petition.
(5) Referendum Petitions; S uspension of Effect of
Ordinance.
When a referendum petition is filed with the city clerk
er other official designated by the council, the ordinance sought
tc b- reconsidered shall be suspended from taking effect. Such
s.spension shall terminate when:
(1) There is a final determination of insufficiency of
the petition, or;
(2) The petitioners' committee withdraws the petition, or;
I (3) The council repeals the ordinance, or;
( 4 ) After a vote of the city on the ordinance has been
certified.
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(6) Action on Petitions
1 fa) Action by Council when an initiative or referendum
1 petition has been finally determined sufficient, the council shall
l promptly consider the proposed initiative ordinance in the manner
provided in article III or reconsider the referred ordinance by
voting its repeal. If the council fails to adopt a proposed
initiative ordinance without any change in substance within sixty
(60) days or fails to repeal the referred ordinance within thirty
I (30) days, it shall submit the proposed or referred ordinance to
the voters of the city.
••! (b) Submission to v oters . The vote of the city on a
proposed or referred ordinance shall be held not less than thirty
(30) days and not later than sixty (60) days from the date that
. the petition was determined sufficient. If no regular city
1 election is to be held within the period described in this sub -
section, the council shall provide for a special election, except
that the council may, in its discretion, provide for a special
election at an earlier late within the described period. Copies
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of the proposed or referred ordinance shall be made available at
the polls.
(c) Withdrawal of Petitions An initiative or referendum
petition may be withdrawn at any time prior to the fifteenth (15th)
day preceding the day scheduled for a vote of the city by filing
with the city clerk or other official designated by the council
-� a request for withdrawal signed by at least four (4) members of
the petitioners' committee. Upon the filing of such request the
1 petition shall have no further force or effect and all proceedings
thereon shall be terminated.
(7) Results of Election
(a) Initiative If a majority of the qualified electors
voting on a proposed initiative ordinance vote in its favor, it
shall be considered adopted upon certification of the election
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results and shall be treated in all respects in the same manner
as ordinances of the same kind adopted by the council. If conflict-
ing ordinances are approved at the same election, the one receiving
J the greatest number of affirmative votes shall prevail to the
extent of such conflict.
(b) Referendum If a majority of the qualified electors
voting on a referred ordinance vote against it, it shall be consider-
ed repealed upon certification of the election results.
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ARTICLE rV - ADMINISTRATIVE
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54.02 - Appointment; Removal; Compensation (Alternative)
(a) Appointment The council shall appoint a city
manager for a period of four (4) years. Such appointment shall
be by a majority vote of all the councilmemners and the manager
f� may be reappointed to a subsequent four ;4) year term.
[Alternatives for subsection 4.02(b))
Alternative 1. (b) Removal The council may remove
the manager prior to the expiration of his term only by a two - thirds
(2/3) vote of all the members of the council.
Alternative 2. (b) Removal The council may remove
a manager in accordance with the following procedures:
j (1) The council shall adopt by affirmative vote of a
majority of all its members a preliminary resolution which must
state the reasons for removal and may suspend the manager from
duty for a period not to exceed forty -five ;45) days. A copy
of the resolution shall be delivered promptly to the manager.
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(2) Within five (5) days after a copy of the resolution
is delivered to the manager, he may file with the council a written
request for a public hearing. This hearing shall be held at a
council meeting not earlier than fifteen (15) days nor more than
thirty (30) days after the request is filed. The manager may file
with the council a written reply not later than five (5) days
before the hearing.
(3) The council may adopt a final resolution of removal,
which may be made effective immediately, by affirmative vote of a
majority of all its members at any time after five (5) days from
l the date when a copy of the preliminary resolution was delivered
to the manager, if he has not requested a public hearing, or at any
time after the public hearing if he has requested one.
The manager shall continue to receive his salary until
the effective date of a final resolution of removal.
54.05 - Supervision of Departments (Optional)
Except as otherwise provided in this charter or by
` J general law, the city manager will be responsible for the super-
!- vision and direction of all departments, agencies or offices
I of the city. A11 departments, offices and agencies under the
1 direction and supervision of the manager shall be administered
J by an officer appointed by and subject to the direction and
supervision of the manager. with the consent of the council,
the manager may serve as the head of one (1) or more such
departments, offices or agencies or may appoint one (1) person
1 as the head of two (2) or more of them.
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54.06 - Personnel System (Optional)
All appointments and promotions of city officials and
employees except those specifically exempted by ordinance, shall be
made solely on the basis of merit and fitness demonstrated by
examination or other evidence of competence and to this end, the
council shall, by ordinance, establish personnel procedures and rules.
54.07 - Administrative Code (Optional)
{ The manager shall develop and keep current an administrative
I code for the purpose of implementing ordinances passed by the council.
ARTICLE V - QUALIFICATIONS AND ELECTIONS
I
55.03 - Qualifications (Alternative)
I Candidates for the office of city councilmember* shall
qualify for such office by the filing of a written petition with
the designated city official in the following manner:
_J Any elector of the city may qualify for election
J (1) (as a councilmember at large] ** by a petition signed by
electors of the city not less in number than one percent (18)
_ of the number of persons who voted in the city for the office of
governor at the last gubernatorial election, or (2)[as a district
councilmember by a petition signed by or more electors
of the district for which the candidate is qualified]. The
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signatures to a nominating petition need not all be affixed
to one (1) paper, but to each separate paper of a petition there
Shall be attached an affidavit executed by its circulator stating
the number of signers of the paper, that each signature of it
was affixed in his presence and that he believes each signature
I
to be the genuine signature of the person whose name it purports
l to be. The signatures shall be executed in ink or indelible
1 pencil. Each signer shall indicate next to his signature the
} date of his signing and the place of his residence.
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*(Add "or mayor" if alternative 2 of §3.05 is selected)
I * *(Add "or mayor" if alternative 2 of §3.05 is selected)
55.05 - Elections (Alternative)
Regular city elections shall be held on the
in If only one (1) candidate qualifies for any
1 of the city council seats* to be filled, his name shall not appear
on the ballot. If only two (2) candidates qualify for any of the
city council seats* to be filled, the candidate receiving a majority
-� of the votes cast shall be the winner. If more than two (2) can-
didates qualify for any of the city council seats* to be filled,
the ballot shall provide for two (2) columns fpr each candidate's
name. A mark in the first (1st) column shall indicate a first (1st)
,.� choice and in the second (2nd) column, a second (2nd) choice. Any
J candidate receiving a majority of all first (1st) choice votes shall
be the winner. If no candidate receives a majority of the first
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(1st) choice votes, the winner shall be the candidate whose first
(lst) and second (2nd) choice total is the largest.
j *[For alternative 2 of 53.05, add "or for the
office of the mayor"]
$5.07 - Recall (optional)
The qualified voters of the ity shall have the power
to recall and to remove from office any elected official of the
city as provided by general law.
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ARTICLE VI - TR.ANSITION SCHEDULE
i 56.05 -Schedule of First Election (Alternative)
I
[Alternative 1 for bracketed section]
Alternative 1 [At the first (1st) election under
this charter, all five (5) councilmembers shall be elected;
councilmembers elected from the even - numbered districts shall
serve for terms of four (4) years and those'from odd- numbered
districts shall serve for terms of two (2) years.* Thereafter,
all election shall be for terms of four (4) years.]
*[Add "the mayor shall be elected for a four (4)
3 year term if alternative 2 of 53.05 is selected]
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[Alternative 2 for bracketed section]
Alternative 2 . [At the first (1st) election under this
charter, all seven (7) councilmembers shall be elected; the
district councilmember from district number one (1), and the two
(2) at -large councilmembers receiving the greatest number of
votes cast for councilmember at- large, shall serve for terms of
four (4) years and the other councilmembers shall serve for terms
of two (2) years. Thereafter, all elections shall be for terms
of four ( 4 ) years.)
[NOTE: 56.05 can be a section 2 of the special act
that establishes the charter]
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