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House Bill 1729e1

HB 1729, First Engrossed 1 A bill to be entitled 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 territorial boundaries; providing for 6 government, jurisdiction, elections, 7 administrative code, procedure, powers, 8 franchises, immunities, privileges, and means 9 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 city council, city manager, and city 14 attorney; providing for an initial election; 15 providing for ordinances; providing for budget 16 adoption; providing for amendments to the city 17 charter; 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 referendum; 23 providing a transition schedule; providing for 24 county ordinances and services during 25 transition period; providing effective dates. 26 27 WHEREAS, residents of Marco Island 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 corporations by 1 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 the Constitution and Laws of the State of Florida, NOW, 2 THEREFORE, 3 4 Be It Enacted by the Legislature of the State of Florida: 5 6 PROPOSED CHARTER - CITY OF MARCO ISLAND ARTICLE I - POWERS 7 Section 1.01 Powers of the City of Marco Island.--The 8 city known as Marco Island shall have all powers possible for 9 a city to have under the constitution and laws of the state as 10 fully and completely as though they were specifically 11 enumerated in this charter unless prohibited by or contrary to 12 the provisions of this charter; and in addition to the 13 foregoing and not by way of limitation, the city shall have 14 the following powers: 15 (1) To organize and regulate its internal affairs and 16 to establish, alter, abolish, and terminate, such termination 17 to be only for cause, offices, positions, and employments, 18 including citizen board positions, and to define functions, 19 powers, and duties, and fix their term, tenure, and 20 compensation. 21 (2) To adopt, amend, and repeal such ordinances, 22 resolutions, and codes as may be required for the good 23 government of the city, including local police ordinances 24 carrying penalties, zoning ordinances, housing codes, building 25 and related technical codes, business regulations, and 26 ordinances relating to and regulating the sale of alcoholic 27 beverages. 28 (3) To prepare and adopt comprehensive plans for the 29 development of the city, including provision for subdivision 30 regulation, environmental protection, pollution control, 31 community facilities, and all other related activities, 2 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 including growth management. The principles of Deltona's 2 development plan for Marco Island shall be a guide in the 3 development of zoning regulations for the City of Marco 4 Island. 5 (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, necessary for public 11 purposes and improvements. 12 (5) To raise funds by taxation and to make such levy 13 upon the taxable property in the City of Marco Island as will 14 provide funds necessary for the 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 any 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 incorporation; 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 for public 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 stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 such privileges, businesses, occupations, and professions for 2 the purpose of taxation. 3 (10) To do and 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 contrary 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 15 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 any one or more 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 laws are 26 hereby expressly adopted except that council elections shall 27 be nonpartisan; candidates for the council shall qualify by 28 seat or group numbers; qualifying shall be by petition equal 29 to 1 percent of the voter registration 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 stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 Section 1.05 Administrative Code.--An administrative 2 code shall be adopted by the city council 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 authority 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 - CORPORATE 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 A Corporate Line lying offshore from Marco 17 Island, in portions of Township 52 South, Range 18 26 East, Collier County, Florida, which line is 19 described as follows: From the corner common to 20 Sections 17, 18, 19, and 20, Township 52 South, 21 Range 26 East, run Westerly along the line 22 common to said Sections 18 and 19 to a point 23 2,640 feet offshore in the Gulf of Mexico from 24 the Mean High Tide Line Section 18 and the 25 point of beginning. From said point of 26 beginning, run Southerly 2,640 feet offshore 27 from the Mean High Tide Line of Marco Island, 28 past the Southerly point of said Island to the 29 mouth of Caxambas Pass, thence run 30 Northeasterly in the waters of Caxambas Pass to 31 the center line of the channel of said Caxambas 5 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 Pass; thence run Easterly along the centerline 2 of the channel of Caxambas Pass, to a point 3 intersecting a marked channel running Northerly 4 towards Barfield Bay; thence run Northerly 5 along the centerline of said channel to a point 6 300 feet offshore in Barfield Bay from the Mean 7 High Tide Line of the Easterly end of lands 8 formerly known as J.M. Barfield Subdivision, 9 thence run Northerly, Easterly, and Southerly, 10 300 feet offshore in Barfield Bay from the Mean 11 High Tide Line of Marco Island to intersection 12 with the centerline of Blue Hill Creek; thence 13 run Southeasterly along the centerline of Blue 14 Hill Creek to a point 300 feet offshore in Blue 15 Hill Bay from the Mean High Tide Line of Marco 16 Island; thence continue Northerly, Easterly, 17 and Southerly 300 feet offshore in Blue Hill 18 Bay from the Mean High Tide Line of Marco 19 Island to centerline of the aforementioned Blue 20 Hill Creek; thence run Northeasterly along the 21 centerline of Blue Hill Creek, but to a point 22 intersecting the line common to Range 26 East 23 and Range 27 East, Township 52 South, Collier 24 County, Florida; thence run Northerly along the 25 line common to said Range 26 and 27 but to a 26 point intersecting the centerline of the 27 channel of the Big Marco River, thence 28 Northerly, Northwesterly, and Westerly along 29 the centerline of the aforementioned Big Marco 30 River and out through the marked Capri Pass, 31 being 2640 feet offshore from the Mean High 6 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 Tide Line of Marco Island; thence run 2 Southwesterly, Southerly and Southeasterly 2640 3 feet offshore from the Mean High Tide Line of 4 Marco Island to the point of Beginning lying 5 along the East-West line common to Sections 18 6 and 19, Township 52 South; Range 26 East. 7 ARTICLE III - LEGISLATIVE 8 9 Section 3.01 City Council; Composition; Qualifications 10 of Council.-- 11 (1) There shall be a seven-member city council, 12 elected from and representing the city at-large. 13 (2) If at any time subsequent to the initial election, 14 the electorate and/or the city council conclude that the 15 demographics of the city warrant that some of the city council 16 seats should represent certain city districts while still 17 being voted on by all the city electors, such changes can be 18 effected as provided for in the Municipal Home Rules Powers 19 Act, chapter 166, Florida Statutes, or as provided for in 20 section 6.01 and section 7.01 of this charter. 21 (3) To qualify for office: 22 (a) Each individual seeking to qualify as a candidate 23 for a seat on the council shall submit a petition supporting 24 his/her candidacy to the city manager (or, for the initial 25 election, to the Supervisor of Elections of Collier County) 26 containing valid signatures of city electors equal to 1 27 percent of the number of city electors registered in the last 28 general election for the respective office sought. 29 (b) Each candidate for the office of city council 30 shall be a qualified elector of the city as provided in 31 section 5.01. 7 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 (c) Each candidate for city council office shall have 2 been a resident of the city for a minimum period of 1 year 3 prior to qualifying for office. 4 (d) If elected, the council members shall maintain 5 residency throughout his/her term of office within the 6 boundaries of the city. For the initial election, following 7 the referendum approving the creation of the city, candidates 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 4 years, 13 except that, in order to provide for the staggering of terms, 14 the initial term of office for the council members shall be as 15 outlined in section 3.02. No person elected as council member 16 shall be able to serve more than two full consecutive terms. 17 Each council member shall remain in office until his/her 18 successor is elected and assumes the duties of the position. 19 (5) At all elections 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 approval 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 to the Supervisor of Elections. 8 CODING: Words stricken are deletions; words underlined are additions. 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 number of city electors registered in the last 4 general election. 5 (c) The qualifying period shall commence at noon on 6 the day following voter approval of the charter referendum and 7 shall end at noon on the 30th day following voter approval of 8 the charter referendum. 9 (3) Instructions to voters for 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 for any one 14 candidate. 15 (4) Determination of winners shall be: 16 (a) In the council races, those seven candidates 17 receiving the highest number of votes shall be elected. 18 (b) Those council members elected at such initial 19 election, upon certification of the results 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); 25 one council member shall be elected chairman by the council 26 and shall preside. One council member shall be elected vice 27 chairman by the council. 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 stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 (b) The four council members receiving the lowest 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 8 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 election and the annual anniversary 14 thereof, elect one of its own members to be chairman and elect 15 one of its members to be vice chairman 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 duties of the chairman. The chairman shall preside at the 19 meetings of the council and shall have a voice and vote in 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 Duties.--All 26 legislative powers of the city shall be vested in the city 27 council, which shall provide for the exercise thereof and for 28 the performance of all duties and obligations imposed on the 29 city by law. The council may delegate to the city manager the 30 power to execute contracts, deeds, and other documents 31 approved by the council, and to represent the city in all 10 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 agreements with other governmental entities or certifications 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 term 7 for which he or she was elected. 8 (2) Members of Council Not to Interfere.--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 in 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 member 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-term 25 illness, resignation, removal from office in any manner 26 authorized by general law, or forfeiture of the council 27 member's office. 28 (2) Forfeiture of Office.--The council member shall 29 forfeit office if he or she: 30 31 11 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 (a) Lacks at any time during the term of office any 2 qualification for the office prescribed by this charter 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. 8 (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 months 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 council 17 members to fill the vacancies. The newly constituted 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 3.08 City Manager to Serve as City Clerk.--The 23 city manager shall serve as clerk of the city and shall give 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 3.09 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 the chairman or of a majority of the members 12 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 and, whenever practicable, upon no less than 24 hour's notice 2 to each member and the public. All meetings shall be public. 3 (2) Rules and Journal.--The council shall determine 4 its own rules and order of business and shall have a journal 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 may 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 affirmative vote of the majority of all council 15 members. All council members present shall vote on all 16 matters before the city council except on those matters on 17 which a council member 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 emergency 25 appropriations shall become effective immediately and shall 26 automatically stand repealed as of the 61st day following the 27 date on which it was 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 ordinance may also be repealed by 31 13 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 adoption of a repealing ordinance in the same manner specified 2 in this section for adoption of emergency ordinances. 3 Section 3.12 Budget Adoption.--The council shall by 4 ordinance adopt a balanced annual budget pursuant to general 5 law and section 1.01(5) and section 1.01(6). 6 Section 3.13 Appropriation Amendments During the 7 Fiscal Year.-- 8 (1) Supplemental 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 year it appears probable to the city manager 14 that the revenue available will be insufficient to meet the 15 amount appropriated, he/she shall report to the council 16 without delay, indicating the estimated amount of the deficit, 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 any 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 Appropriations.--At any time during 31 the fiscal year the city manager may transfer part or all of 14 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 any unencumbered appropriation balance among programs within a 2 department, office, or agency and, upon written request by the 3 city manager, the council may transfer part or all of any 4 unencumbered appropriation balance from one department, 5 office, or agency to another. 6 Section 3.14 Authentication, Recording, and 7 Disposition of Charter Amendments, Ordinances and 8 Resolutions.-- 9 (1) Authentication.--The chairman and the city manager 10 shall authenticate by their signatures all ordinances and 11 resolutions adopted by the council. In addition, when charter 12 amendments have been approved by the electors, the chairman 13 and the city manager shall authenticate by their signatures 14 the charter amendment, such authentication to reflect the 15 approval of the charter amendment by the electorate. 16 (2) Recording.--The city manager shall keep properly 17 indexed books in which shall be recorded, in full, all 18 ordinances and resolutions passed by the council. Ordinances 19 shall be periodically codified. The city manager shall also 20 maintain the city charter in current form and shall enter all 21 charter amendments and send certified copies of amendments to 22 the Secretary of State. 23 (3) Printing.--The council shall, by ordinance, 24 establish procedures for making all resolutions, ordinances, 25 technical codes adopted by reference, and this charter 26 available to the people of the city for public inspection and 27 available for purchase at a reasonable price. 28 Section 3.15 Codes of Technical Regulations.--The 29 council may adopt any standard code of technical regulations 30 by reference thereto in an adopting ordinance and such 31 ordinance may amend the code. The procedure and requirements 15 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 governing such an adopting ordinance shall be as prescribed 2 for ordinances generally except that: 3 (1) The requirements of section 3.14 for distribution 4 and filing of copies of the ordinances shall be construed 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 delegated 14 to it by ordinance of the council, which shall include zoning. 15 The planning commission shall consist of no fewer than five 16 unsalaried residents of the city, appointed by the council. 17 ARTICLE IV - ADMINISTRATIVE 18 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's charge by or under this charter. 23 Section 4.02 Appointments; Removal; Residency; 24 Compensation.-- 25 (1) Appointment.--The council shall appoint a city 26 manager by a vote of five of the seven council 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 otherwise. 30 (2) Removal.--The council may remove the city manager 31 for good cause shown, by the affirmative vote of at least four 16 CODING: Words stricken are deletions; words underlined are additions. 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 manager's appointment but 9 may reside outside the city while in office only with the 10 approval of the council. 11 (4) Compensation.--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 manager during the city manager's temporary 17 absence or disability, not to exceed a period of 30 days. 18 During such absence or disability, the council may revoke such 19 designation at any time and appoint another officer of the 20 city to serve until the city manager shall return or the city 21 manager's disability shall cease. 22 Section 4.04 Powers and Duties of the City 23 Manager.--The city manager shall: 24 (1) 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 otherwise provided by law, this charter, or 28 personnel rules adopted pursuant to this charter. The city 29 manager may authorize any administrative officer who is 30 subject to the direction and supervision of the city manager 31 17 CODING: Words stricken are deletions; words underlined are additions. 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 of the city, except as 5 otherwise provided by this charter or by law. 6 (3) Attend all council meetings and shall have the 7 right to take part in discussion, but may not vote. 8 (4) See that all laws, provisions of 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 direction 11 and supervision, 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 16 public a complete report on the finances and administrative 17 activities of the city as of the end of each fiscal year. 18 (7) Make such other reports as the council may require 19 concerning the operations of city departments, offices, and 20 agencies subject to his/her direction and supervision. 21 (8) Keep the council fully advised as to the financial 22 condition and future needs of the city and make such 23 recommendations to the council concerning the affairs of the 24 city as he/she deems desirable. 25 (9) Perform such other duties as are specified in this 26 charter or as may be required by the council. 27 Section 4.05 Supervision of Departments.--Except as 28 otherwise provided in this charter or by general law, the city 29 manager shall be responsible for the supervision and direction 30 of all departments, agencies, or offices of the city. All 31 departments, offices, and agencies under the direction and 18 CODING: Words stricken are deletions; words underlined are additions. 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 8 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 purpose 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 as the council may deem necessary. The 18 city attorney may be full time or part time or on retainer as 19 the council may deem necessary. If the position of city 20 attorney is full time, the provisions 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.--Any person who is a resident 25 of the city, who has qualified as an elector of this state, 26 and who registers in the procedural manner prescribed by 27 general law, shall be an elector of the city. 28 Section 5.02 Nonpartisan Elections.--All nominations 29 and elections for the office of city council member shall be 30 conducted on a nonpartisan basis. There shall be no 31 designation of the political party affiliation of any nominee 19 CODING: Words stricken are deletions; words underlined are additions. 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 another month. 9 Section 5.03 Nominations.--Candidates for the city 10 council seats 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 15 petitions shall be obtained from and submitted to the city 16 manager. Each petition must contain the candidate'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 number 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 current street address of residence shall be indicated next to 27 the signature. 28 (3) Each candidate's nominating petition must be 29 accompanied by a certification of the Collier County 30 Supervisor of Elections that the candidate had sufficient 31 petitions signed by qualified voters of the city. 20 CODING: Words stricken are deletions; words underlined are additions. 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 5 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 "Yes" 10 indicates approval of the measure and "No" indicates rejection 11 of the measure. 12 Section 5.05 Elections.-- 13 (1) 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, except 17 for an election held concurrently with any regular state or 18 countywide election, the canvassing board shall be composed of 19 the chairman or his/her designee if he/she is opposed or 20 incapacitated, the city manager, and the city attorney. 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 25 without any change in substance, to adopt or reject it at a 26 city election, provided that such power shall not extend to 27 the budget or capital program or to any ordinances relating to 28 appropriation of money, levy of taxes, or salaries of city 29 officers or employees. 30 Section 6.02 Referendum.--The qualified voters of the 31 city shall, through the initiative process, have the power to 21 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 propose or require repeal by the council of any adopted 2 ordinance if the council fails to repeal or amend an ordinance 3 so proposed to approve or reject it at a city election, 4 provided that such ordinance shall not extend to the operating 5 budget or any emergency ordinance relating to appropriation of 6 money, but shall extend to an ordinance providing any single 7 capital expenditure in excess of $250,000. If the proposed 8 ordinance to repeal an existing city ordinance has met the 9 signature requirements of section 166.031, Florida Statutes, 10 council shall repeal or amend the ordinance rather than place 11 it on the ballot for a vote by the qualified electors. 12 Section 6.03 Recall.--Recall of elected officials 13 shall be as provided for by general law. 14 Section 6.04 Commencement of Proceedings.--Any five 15 qualified voters may commence initiative and referendum 16 proceedings by filing with the city manager or other official 17 designated by the council an affidavit stating they will 18 constitute the petitioner's committee and be responsible for 19 circulating the petition and filing it in proper form, stating 20 their names and addresses and specifying the address to which 21 all notices to the committee are to be sent, and setting out 22 in full the proposed initiative ordinance or citing the 23 ordinance sought to be reconsidered. Promptly after the 24 affidavit of the petitioner's committee is filed, the city 25 manager or other official designated by the council shall, at 26 the committee's request, issue the appropriate petition blanks 27 to the petitioner's committee at the committee's expense. 28 Section 6.05 Petition.-- 29 (1) Number of Signatures.--Initiative and referendum 30 petitions must be signed by qualified voters of the city equal 31 22 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 in number to at least 10 percent of the total number of 2 qualified voters as of the last regular city election. 3 (2) Form and Content.--All papers of a petition shall 4 be uniform in size and style and shall be assembled as one 5 instrument for filing. Each signature shall be followed by 6 the printed name and current street address of the person 7 signing and the date on which the petition was signed. 8 Petitions shall contain or have attached thereto throughout 9 their circulation the full text of the ordinance proposed or 10 sought to be reconsidered. Petitions must be accompanied by 11 certification of the Collier County Supervisor of Elections as 12 to the number of petitions signed by qualified voters of the 13 city. There can be only one signature per petition form. 14 (3) Time for Filing Referendum Petitions.--Referendum 15 petitions must be filed within 45 days after adoption by the 16 council of the ordinance sought to be reconsidered. 17 Section 6.06 Procedure for Filing.-- 18 (1) Process for Petitioning.--City initiative petition 19 proceedings shall commence only after petitioners have filed 20 appropriate papers with the City Manager forming a political 21 action committee as required by the general election laws of 22 the State of Florida. The format and content of the petition 23 to be circulated shall conform to the requirements of general 24 law for amending municipal charters and the general election 25 laws and administrative rules for initiative petitions. Prior 26 to circulation of any petition, it shall be submitted to the 27 City Attorney for review of the petition's format for 28 technical sufficiency. The City Attorney shall provide 29 written comment of that review within seven (7) days. No 30 review as to the legal sufficiency of the proposed amendment's 31 text is to be undertaken by the City Attorney. The number of 23 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 valid voter signatures are as provided in section 166.031, 2 Florida Statutes. Petitions for amendments of the city 3 charter or proposing ordinances for the city shall be received 4 and considered by council only if accompanied by a certificate 5 from the county's supervisor of elections as to the number of 6 valid city electors thereon. 7 (2) Within twenty business days after certification of 8 the registered voters is received from the supervisor of 9 elections, the city manager or other official designated by 10 the council shall complete a certificate as to its 11 sufficiency, or, if it is insufficient, specifying the 12 particulars wherein it is defective, and shall promptly send a 13 copy of the certificate to the petitioner's committee by 14 registered mail. Grounds for insufficiency are only those 15 specified in section 6.05. No petitions shall be circulated 16 which are deficient as to form or compliance with section 6.05 17 pursuant to the written review by the City Attorney in 18 subsection (1) of this section. If the number of signatures 19 is insufficient, the council shall notify the committee filing 20 the petition and allow 30 additional days for filing of 21 additional petition papers, at the end of which time the 22 sufficiency or insufficiency of the petition shall be finally 23 determined. 24 Section 6.07 Referendum Petition; Suspension of Effect 25 of Ordinance.--When a referendum petition is filed with the 26 city manager or other official designated by the council and 27 deemed sufficient, the ordinance sought to be reconsidered 28 shall be suspended from taking effect. Such suspension shall 29 terminate when: 30 (1) The petitioner's committee withdraws the petition; 31 (2) The council repeals the ordinance; or 24 CODING: Words stricken are deletions; words underlined are additions. 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 shall 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 election 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 a 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 meeting following the determination of 17 petition sufficiency. If council, in its discretion, 18 determines not to amend 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 on the repeal of an 22 ordinance shall be by mail ballot unless such election can be 23 scheduled concurrently with a city, county, state, or federal 24 election occurring within that time period. 25 (2) Submission to Voters.--If council decides a 26 special election is to be held, it shall be conducted by mail 27 ballot not less than ninety (90) days from the date of 28 council's determination of the need for a special election if 29 there is no intervening 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 council 25 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 shall be considered rejection, refusal, or declination. 2 Copies of the proposed ordinance shall be made available to 3 the voters--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 supported by the voters or the council repeals it. 8 (3) Withdrawal of Petitions.--An initiative or 9 referendum petition may be withdrawn at any time prior to the 10 fortieth day preceding 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 members 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. Any and all costs, including labor, associated 17 with the preparation and acquisition 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 be considered adopted upon certification of 25 the election results and shall be treated in all respects in 26 the same manner as ordinances of the same kind adopted by the 27 council. If conflicting ordinances are approved at the same 28 election, the one receiving the greatest number of affirmative 29 votes shall prevail to the extent of such conflict. 30 (2) Referendum.--If a majority of the qualified 31 electors voting on a referred ordinance vote against it, it 26 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 shall be considered repealed upon certification of the 2 election results. 3 ARTICLE VII - 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 otherwise 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. 15 (2) Public officers shall file Form 1 with the Collier 16 County Supervisor of Elections annually by July 1. Candidates 17 shall file Form 1 along with their qualification 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 forms 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 provisions of the comprehensive plan and 30 all existing land development regulations of Collier County, 31 Florida, as the same exists on the day the city commences 27 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 corporate existence, shall remain in effect as the city's 2 transitional comprehensive plan and land development 3 regulations. However, 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 council establishes a separate local planning 7 agency. 8 (2) All powers and duties of the Collier County 9 Planning Commission and any Board of Adjustment and Appeals 10 created pursuant to statutes, trade codes, and County 11 Commission of Collier County, Florida, as set forth in these 12 transitional zoning and land use regulations, shall be vested 13 in the city council of Marco 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 city's 17 corporate existence, no amendment of the comprehensive plan or 18 land development regulations enacted by the Collier County 19 Commission shall be deemed as an amendment of the city's 20 transitional comprehensive plan or land development 21 regulations or shall otherwise take effect within the city's 22 corporate limits unless approved by the city council. 23 Section 7.04 Legislation Review.--The council shall 24 review during and within each even-decade year the city 25 charter, the city ordinances and the city resolutions then in 26 existence. Following such review it shall take such action as 27 may be in the best interests of the city in accordance with 28 the provisions of this charter. Nothing herein shall 29 invalidate any charter provision, ordinance, or resolution 30 then in effect. 31 28 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 Section 7.05 Penalties.--Violations of ordinances 2 shall be punishable in accordance with the uniform fines and 3 penalties set by general law. 4 Section 7.06 Severability.--If any article, section, 5 subsection, sentence, clause, or provision of this charter or 6 the application thereof shall be held invalid for any reason, 7 the remainder of the charter and of any ordinances or 8 regulations made thereunder shall remain in full force and 9 effect. 10 ARTICLE VIII - MARCO ISLAND FIRE CONTROL DISTRICT 11 Section 8.01 Dissolution.--Upon the effective date of 12 this charter, the Marco Island Fire Control District, an 13 independent special district created by a special act of the 14 Legislature, shall cease to exist; and chapters 65-1413, 15 78-491, 79-444, 80-595, 82-282, 84-415, 89-456, 90-464, Laws 16 of Florida; sections 8.01-8.07 of chapter 90-457, Laws of 17 Florida; and sections 8.01-8.07 of chapter 93-384, Laws of 18 Florida, are repealed. However, the District shall continue 19 to operate and function as normal until council members have 20 been elected and decide to alter responsibilities or 21 functions. From that date forward, the city shall have, 22 exercise, and enjoy all rights, immunities, powers, benefits, 23 privileges, and franchises now and formerly possessed or held 24 by said Marco Island Fire Control District. 25 Section 8.02 Transfer of Assets.--The assets, 26 liabilities, and contracts of the Marco Island Fire Control 27 District, including all rights, obligations, duties, and 28 relationships now existing by law or agreement, including 29 responsibility to provide fire protection service to the area 30 of Marco Island known as Goodland, shall be unaffected and 31 shall remain in full force and effect and shall become those 29 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 of the City of Marco Island. All rights, claims, actions, 2 orders, and all contracts between the special district and 3 district personnel, and all legal or administrative 4 proceedings involving the district, shall continue in full 5 force and effect under the jurisdiction of the City of Marco 6 Island. 7 Section 8.03 Transfer of Resolutions and Policies.--To 8 the extent not inconsistent with this charter, all resolutions 9 and policies of the Marco Island Fire Control District shall 10 remain in effect until amended, revised, or repealed by the 11 city council. 12 Section 8.04 Transfer of Services.--Fire protection 13 services to the area formerly served by the Marco Island Fire 14 Control District shall thereafter be a function of the City of 15 Marco Island. Service to the area known as Goodland, outside 16 the boundaries of the city, will be provided in accordance 17 with an intergovernmental agreement with Collier County. 18 Section 8.05 Transfer of Personnel.--Employees of the 19 Fire Control District shall become employees of the city, and 20 all rights as to vacation, sick leave, pay grades, retirement, 21 insurance, and similar personnel benefits shall be preserved 22 until such time as rules, regulations, and personnel 23 procedures have been established by the city. 24 Section 8.06 Establishment of Advisory Board.--Those 25 elected Fire Commissioners of the Marco Island Fire Control 26 District currently in office shall continue as an advisory 27 board of the city until the expiration of their terms of 28 office. 29 Section 8.07 Further Provisions by Ordinance.--Such 30 further provisions as are deemed necessary to effect this 31 30 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 transition and to provide for the operation of the Marco 2 Island Fire Department shall be provided by ordinance. 3 ARTICLE IX - STATE-SHARED REVENUES AND LOCAL OPTION GAS TAXES 4 Section 9.01 City Participation in State-Shared 5 Revenues Programs and Local Option Gas Taxes.-- 6 (1) It is recognized that the services provided by 7 independent districts within municipal boundaries provide 8 essential services which would customarily be provided by 9 municipal government. It is therefore declared that the City 10 of Marco Island shall be eligible to participate in 11 revenue-sharing beyond the minimum entitlement in any fiscal 12 year, provided that the City and all independent special 13 districts created under special law, combined, levy ad valorem 14 taxes in amounts as required by section 218.23, F.S. 15 (2) State-shared revenues.--The City of Marco Island 16 shall be entitled to participate in all shared revenue 17 programs of the State of Florida effective immediately on the 18 date of incorporation. The provisions of subsection 19 218.23(1), F.S., shall be waived for the purpose of 20 eligibility to receive revenue sharing funds from the date of 21 incorporation through the state fiscal year 1997-1998. For 22 purposes of meeting provisions of subsection 218.23(1), F.S., 23 relating to ad valorum taxation, the millage levied by special 24 districts within the corporate limits of the City may be used 25 for an indefinite period of time. Section 218.26(3), F.S., 26 shall be waived for the 1997-1998 state fiscal year and the 27 apportionment factors for the municipalities and counties 28 shall be recalculated pursuant to s. 218.245, F.S. Initial 29 population estimates for calculating eligibility for shared 30 revenues shall be determined by the University of Florida 31 Bureau of Economic and Business Research. Should the Bureau 31 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 be unable to provide an appropriate population estimate, the 2 Collier County Department of Community Development shall 3 provide an appropriate estimate. 4 (3) Local Option Gas Taxes.--Notwithstanding the 5 requirements of Section 336.025, F.S., to the contrary, the 6 City of Marco Island shall be entitled to receive local option 7 gas tax revenues beginning October 1, 1997. The said revenues 8 shall be distributed in accordance with Section 336.025, F.S. 9 ARTICLE X - TRANSITION SCHEDULE 10 Section 10.01 Referendum.--The referendum election 11 called for by this act shall be held within 120 days after 12 approval by the State Legislature and, in any case, no later 13 than September 1, 1997, at which time the following question 14 shall be placed on the mail ballot: 15 INCORPORATION OF THE CITY OF MARCO ISLAND 16 17 "Shall HB , as enacted by the 1997 Legislature creating a 18 City of Marco Island and providing for its Charter, be 19 approved?" 20 ƺ YES 21 ƺ NO 22 In the event this question is answered affirmatively by a 23 majority of the voters voting in the referendum, the 24 provisions of this charter shall take effect in accordance 25 with this transition schedule. 26 Section 10.02 Council Election.--The timing and 27 schedule for the initial election is described in section 28 3.02. The expense of such election shall be repaid by the 29 city within 12 months. 30 Section 10.03 Schedule.-- 31 32 CODING: Words stricken are deletions; words underlined are additions. HB 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 Mackle 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 newly 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 10.04 First-Year Expenses.--The city council, 13 in order to provide moneys 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 obligations 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 under 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 90 26 days after enactment. Thereafter, such ordinances may be 27 readopted, renewed, or otherwise continued only in the manner 28 prescribed for normal ordinances in Article III. 29 Section 10.06 County Ordinances and Services During 30 Transition Period.-- 31 33 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 (1) Pursuant to Article VIII of the Florida 2 Constitution, the ordinances, rules, and regulations of 3 Collier County shall continue to be in effect within the 4 boundaries of the City of Marco Island, except that a county 5 ordinance, rule, or regulation in conflict with an ordinance, 6 rule, or regulation of the City of Marco Island shall not be 7 effective to the extent of such conflict. Any existing Collier 8 County ordinances, rules, and regulations, as of the date this 9 charter is approved, shall not be altered, changed, rescinded, 10 or added to, nor shall any variance be granted thereto insofar 11 as such action would affect the City of Marco Island, without 12 the approval of the city council. Collier County is 13 authorized to continue to provide all Municipal Service Taxing 14 District ("MSTD") and/or Municipal Service Taxing Unit 15 ("MSTU") services budgeted to be provided, as of the date this 16 charter is approved, unless the city council of Marco Island 17 votes to terminate any or all such services. 18 (2) If the city council of Marco Island terminates any 19 MSTD and/or MSTU service, from that date forward, the city 20 shall have, exercise, and enjoy all rights, immunities, 21 powers, benefits, privileges, and franchises now and formerly 22 possessed or held by said MSTD and/or MSTU. The assets, 23 liabilities, and contracts of said MSTD and/or MSTU, including 24 all rights, obligations, duties, and relationships now 25 existing by law or agreement, shall be unaffected and shall 26 remain in full force and effect and shall become those of the 27 City of Marco Island. All rights, claims, actions, orders, 28 and all contracts between the terminated MSTD and/or MSTU and 29 key personnel, and all legal or administrative proceedings, 30 shall continue in full force and effect under the jurisdiction 31 of the City of Marco Island. To the extent not inconsistent 34 CODING: Words stricken are deletions; words underlined are additions. HB 1729, First Engrossed 1 with this charter, all resolutions and policies of the 2 terminated MSTD and/or MSTU shall remain in effect until 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 8 Collier County 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 approval 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 35