House Bill 4133e1
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HB 4133, First Engrossed/ntc
1 A bill to be entitled
2 An act relating to the City of Ceder Key, Levy
3 County; repealing chapter 69-929, Laws of
4 Florida, and replacing same with a new charter;
5 providing for the powers and duties of the city
6 commission; providing for appointment of
7 administrative officials; establishing special
8 provisions; providing a transition schedule;
9 providing severability; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. The charter for the City of Cedar Key is
15 re-created and reenacted to read:
16 ARTICLE I
17 ESTABLISHMENT CORPORATE LIMITS,
18 AND POWERS
19 Section 1.01 Establishment and general powers.--The
20 City of Cedar Key, created by chapter 69-929, Laws of Florida,
21 shall continue and is vested with all governmental, corporate,
22 and proprietary powers to enable it to conduct municipal
23 government, perform municipal functions, render municipal
24 services, and exercise any power for municipal purposes,
25 except as otherwise provided by law.
26 Section 1.02 Territorial limits.--The territorial
27 limits and boundaries of the municipality existing in Levy
28 County under the name of the City of Cedar Key shall embrace
29 all of the territory described as follows:
30 Begin at a point located 1461 feet from the
31 half mile corner on the South line of Section
1
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HB 4133, First Engrossed/ntc
1 19, Township 15 South, Range 13 East
2 (Tallahassee meridian), said point of beginning
3 being on a straight line, run North, 8 degrees,
4 19 minutes East, from the last mentioned half
5 mile corner, said point of beginning being
6 further described as being on a line run due
7 North through the exact center of 2 permanent
8 concrete monuments 100 feet apart located on
9 the Northern point of Way Key, said point of
10 beginning being on the last mentioned due North
11 line 400 feet North of the Northernmost of said
12 two concrete monuments (which said point of
13 beginning was described in Chapter 9698, Laws
14 of Florida, Special Acts of 1923 as being "100
15 yards North of the extreme Northern end as
16 measured at mean low water, of the point known
17 as the Bishop or Williams Point, said Bishop or
18 Williams Point being extreme Northern point of
19 Way Key"); Thence run due East (true meridian),
20 5078.7 feet from said point of beginning to the
21 East rail of the main line of the Seaboard Air
22 Line Railway as it formerly existed, said last
23 mentioned point now being marked with a
24 permanent concrete monument, said concrete
25 monument herein designated as Point "D"; thence
26 run South 12 degrees, 35 minutes West in a
27 straight line along the said East rail of the
28 main line of the Seaboard Air Line Railway as
29 it formerly existed, to a point intersecting
30 the North line of that certain parcel of land
31 described in Official Record Book 183, page 110
2
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HB 4133, First Engrossed/ntc
1 of the Public Records of Levy County, Florida.
2 Thence departing from said East rail of the
3 main line of the Seaboard Air Line Railway as
4 it formerly existed, run along the North line
5 of said parcel of land described in Official
6 Record Book 183, page 110 in an East-Southeast
7 direction to the Westerly right-of-way line of
8 State Road No. 24, thence run along said
9 right-of-way line in a Southwesterly direction,
10 200.00 feet; thence departing from said
11 right-of-way, run along the South line of said
12 parcel described in Official Record Book 183,
13 page 110 in a West-Northwest direction to a
14 point intersecting the aforementioned East rail
15 of the main line of the Seaboard Air Line
16 Railway as it formerly existed; thence run
17 along said East rail of the Seaboard Air Line
18 Railway to a point known as Point "E"; Point
19 "E" lying South 12 degrees, 35 minutes West,
20 3360.5 feet of Point "D"; thence from Point
21 "E", run along a line, due East (true meridian,
22 said line hereinafter designated as "Line E-F")
23 to the Easterly right-of-way line of State Road
24 No. 24; thence run along said right-of-way
25 line, in a North-Northeast direction to a point
26 intersecting the North line of LOT 4, BLOCK H,
27 MAP OF HALE'S ADDITION TO CEDAR KEY, FLORIDA,
28 (a subdivision as recorded in Plat Book 1, page
29 22 of the Public Records of Levy County,
30 Florida); thence departing from said
31 right-of-way line, run along the North line of
3
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HB 4133, First Engrossed/ntc
1 said LOT 4 to the Northeast corner of LOT 4,
2 said point being on the Easterly line of
3 aforesaid BLOCK H, MAP OF HALE'S ADDITION;
4 thence run along the Easterly line of said
5 BLOCK H in a South-Southwest direction to a
6 point intersecting the aforesaid "Line E-F";
7 thence run along said "Line E-F" due East (true
8 meridian) to a point intersecting a Southerly
9 projection of West line of LOTS 1-8, BLOCK G,
10 MAP OF HALE'S ADDITION TO CEDAR KEY; thence run
11 in a North-Northeast direction along the West
12 line of said LOTS 1-8, BLOCK G, to the Easterly
13 boundary line of aforesaid MAP OF HALE'S
14 ADDITION; thence run along said Easterly
15 boundary line in a Southeast direction to the
16 Northeast corner of aforesaid BLOCK G; thence
17 run in a South-Southwest direction along the
18 Easterly line of said BLOCK G to a point
19 intersecting the aforesaid "Line E-F"; thence
20 run along said "Line E-F", due East (true
21 meridian) to a point located at the
22 intersection of the last mentioned due East
23 line with a line run due North (true meridian)
24 from a point (hereinafter designated as point
25 "A") 100 yards due East (true meridian) of the
26 present mean low water line of the extreme
27 eastern end of Fenimore Mill Point (now the
28 Standard Manufacturing & Fibre Factory Point),
29 said Fenimore Mill Point being located on the
30 Eastern prolongation of Second Street as it
31 existed in the former City of Cedar Key; thence
4
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HB 4133, First Engrossed/ntc
1 run due South (true meridian) from the last
2 mentioned intersection through said Point "A"
3 along a line to its intersection with a
4 straight line run through the present mean low
5 water line of the Southernmost point of Dog
6 Island (said Dog Island being located in
7 Sections 28 and 33, Township 15 South, Range 13
8 East, (Tallahassee meridian), and through the
9 present mean low water line of the Southernmost
10 point of the Island of Piney Point, said line
11 being hereinafter designated as "B-C"; thence
12 from the last mentioned intersection, run
13 Southwesterly along the said "B-C" to its
14 intersection with a line run due South (true
15 meridian) from a point located 100 yards due
16 East (true meridian) of the present mean low
17 water line of the Easternmost point of the
18 Island of Piney Point; thence from the last
19 mentioned point of intersection run on a line
20 in a Northerly direction (said line being a
21 projection to the point of beginning and
22 previously known as the "West City Limits Line"
23 to a point intersecting the Easterly
24 right-of-way line of Airport Road (Levy County
25 Road No. 470); thence run along said
26 right-of-way line, South 11 degrees, 41
27 minutes, 24 seconds West, to a point
28 intersecting an Easterly projection of the
29 South line of LOT 4, CEDAR POINT (a subdivision
30 as recorded in Plat Book 9, page 9 of the
31 Public Records of Levy County, Florida); thence
5
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HB 4133, First Engrossed/ntc
1 run along said South line, South 88 degrees, 54
2 minutes, 43 seconds West, 103.52 feet; (thence
3 run along the following described courses of
4 said LOT 4); thence run North 25 degrees, 18
5 minutes, 17 seconds East, 13.83 feet; thence
6 run North 27 degrees, 31 minutes, 03 seconds
7 West, 71.84 feet; thence run North 12 degrees,
8 47 minutes, 05 seconds West, 61.41 feet, thence
9 run South 83 degrees, 54 minutes, 59 seconds
10 West, 66.62 feet; thence run South 70 degrees,
11 10 minutes, 24 seconds West, 62.89 feet; thence
12 run South 81 degrees, 02 minutes, 13 seconds
13 West, 98.85 feet; thence run South 80 degrees,
14 34 minutes, 23 seconds West, 69.42 feet; thence
15 run North 75 degrees, 16 minutes, 34 seconds
16 West, 55.16 feet; thence run North 31 degrees,
17 54 minutes, 09 seconds East, 130.34 feet;
18 thence run North 33 degrees, 13 minutes, 14
19 seconds East, 93.42 feet to the Northwesterly
20 corner of aforesaid LOT 4; thence run along the
21 North line of said LOT 4, South 68 degrees, 00
22 minutes, 50 seconds East, projecting to a point
23 intersecting the aforementioned "West City
24 Limit Line"; thence run along said "West City
25 Limit Line", in a Northerly direction to a
26 point intersecting the South line of LOT 10,
27 EGRET'S PASS, (a subdivision as recorded in
28 Plat Book 8, page 75 of the Public Records of
29 Levy County, Florida); thence run along the
30 South line of said LOT 10, North 88 degrees, 54
31 minutes, 25 seconds West, 49.82 feet; thence
6
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HB 4133, First Engrossed/ntc
1 run North 00 degrees, 40 minutes, 56 seconds
2 East, 90.00 feet; thence run North 88 degrees,
3 54 minutes, 25 seconds West, 214 feet more or
4 less to the Easterly water's edge of the Gulf
5 of Mexico; thence run Northerly along said
6 water's edge to the Southerly water's edge of a
7 private canal; thence run along the Southerly
8 water's edge of said canal in an Easterly
9 direction to a point intersecting the aforesaid
10 "West City Limit Line"; thence run along "West
11 City Limit Line", in a Northerly direction to a
12 point intersecting the South right-of-way line
13 of Whiddon Avenue, according to the plat of
14 FOWLER-WAY IN CEDAR KEY, FLORIDA, (a
15 subdivision as recorded in Plat Book 1, page 38
16 of the Public Records of Levy County, Florida);
17 thence run along said right-of-way line in a
18 Westerly direction to the water's edge of the
19 Gulf of Mexico; thence run along said water's
20 edge in a Northwesterly direction to the South
21 line of WESTVIEW (a subdivision as recorded in
22 Plat Book 6, page 39 of the Public Records of
23 Levy County, Florida); thence run along the
24 South line of WESTVIEW, North 88 degrees, 54
25 minutes, 25 seconds West, 454 feet more or less
26 to the Southwest corner of said record plat
27 WESTVIEW; thence run North 00 degrees, 41
28 minutes, 42 seconds West, 300.14 feet to the
29 Northwest corner of said record plat WESTVIEW;
30 thence run along the North line of said record
31 plat WESTVIEW, South 88 degrees, 54 minutes, 25
7
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HB 4133, First Engrossed/ntc
1 seconds East, to a point intersecting the
2 aforesaid "West City Limit Line"; thence run
3 along "West City Limit Line" in a Northerly
4 direction to a point intersecting the South
5 line of the North One-Half (N 1/2) of Section
6 30, Township 15 South, Range 13 East; thence
7 run along said South line of N 1/2 of Section
8 30, West, to a point that is 365 feet West of
9 the center of said Section 30; thence South 36
10 degrees, 05 minutes West, a distance of 2805
11 feet, thence North 67 degrees, 20 minutes West,
12 a distance of 700 feet to a point that is 660
13 feet North of the Southwest corner of said
14 Section 30; thence run North along the West
15 boundary of Section 30 to the Westerly
16 extension of the South right-of-way line of
17 HODGES AVENUE (a subdivision as recorded in
18 Plat Book 3, page 19 of the Public Records of
19 Levy County, Florida); thence run Easterly
20 along said extension and South right-of-way
21 line to its intersection with a Southerly
22 projection of the West boundary of LOT 1, BLOCK
23 H, CEDAR KEY SHORES, UNIT 1, (a subdivision as
24 recorded in Plat Book 3, pages 19-19A, of the
25 Public Records of Levy County, Florida); thence
26 run along said projection in a Northerly
27 direction to a point intersecting the North
28 line of said LOT 1; thence run along said North
29 line of LOT 1 to the Northeast corner of said
30 LOT 1; thence run along a projection of the
31 East line of said LOT 1, South, to an
8
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HB 4133, First Engrossed/ntc
1 intersection with the aforementioned South
2 right-of-way line of Hodges Avenue; thence run
3 East along said right-of-way line to a point
4 intersecting a Southerly projection of the West
5 line of LOT 3, BLOCK J, CEDAR KEY SHORES, UNIT
6 1; thence run along said projection, North to
7 the Northwest corner of said LOT 3; thence run
8 West, 70 feet to the Southwest corner of LOT 4
9 of aforesaid BLOCK J; thence run North, 123
10 feet to the Northwest corner of LOT 5 of said
11 BLOCK J; thence run North 64 degrees, 53
12 minutes, 37 seconds East, 193.25 feet to the
13 Northeast corner of said LOT 5; thence run
14 South on a projection of the East line of LOTS
15 3, 4 and 5, BLOCK J to a point intersecting the
16 aforesaid South right-of-way line of Hodges
17 Avenue; thence run East along said right-of-way
18 line to a point intersecting a Southerly
19 projection of the West line of LOT 25, BLOCK F,
20 CEDAR KEY SHORES, UNIT 1; thence run along said
21 projection, North, 166 feet to the Northwest
22 corner of said LOT 25; thence run along the
23 North line of LOT 25 and LOT 1, BLOCK F, East,
24 200 feet to the Northeast corner of said LOT 1;
25 thence run South along a projection of the East
26 line of LOT 1, 166 feet to a point intersecting
27 the South right-of-way line of aforesaid Hodges
28 Avenue; thence run East along said right-of-way
29 line to a point intersecting a Southerly
30 projection of the West line of LOT 19, BLOCK B,
31 CEDAR KEY SHORES, UNIT 1; thence run along said
9
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HB 4133, First Engrossed/ntc
1 projection, North 166 feet; thence run North 45
2 degrees East, 60 feet more or less to the
3 water's edge of the Gulf of Mexico; thence run
4 along said water's edge in a Southeasterly
5 direction to the East line of said LOT 19;
6 thence run on a projection of the East line of
7 LOT 19, South, 182 feet more or less to a point
8 intersecting the South right-of-way line of
9 aforesaid Hodges Avenue; thence run East along
10 said right-of-way line to a point intersecting
11 a Southerly projection of the West line of LOT
12 15, BLOCK B, CEDAR KEY SHORES, UNIT 1; thence
13 run along said projection, North 238 feet more
14 or less to the water's edge of the Gulf of
15 Mexico; thence run along said water's edge to a
16 point intersecting the aforesaid "West City
17 Limit Line"; thence run along said "West City
18 Limit Line," Northerly to a point intersecting
19 the centerline of a canal abutting LOT 1, BLOCK
20 D, CEDAR KEY SHORES, UNIT 1; thence run along
21 the centerline of said canal in a Westerly
22 direction to a point intersecting a Northerly
23 projection of the Easterly right-of-way line of
24 Rye Key Drive; thence South 25.00 feet along
25 the East right-of-way line of Rye Key Drive to
26 a concrete monument; thence run West, 50.03
27 feet to the Northeast corner of LOT 1, BLOCK E,
28 CEDAR KEY SHORES, UNIT 1; thence run North
29 25.00 feet to the centerline of a canal running
30 Westerly; thence run Westerly along the
31 centerline of said canal a distance of 571 feet
10
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HB 4133, First Engrossed/ntc
1 more or less, to a point which is South 35
2 degrees, 28 minutes, 00 seconds East, a
3 distance of 548.00 feet from a 1/2 inch G.I.
4 pipe; thence run North 35 degrees, 28 minutes,
5 00 seconds West, a distance of 548.00 feet a
6 1/2 inch G.I. pipe; continue thence North 35
7 degrees, 28 minutes, 00 seconds West, a
8 distance of 443.00 feet to a 1/2 inch G.I.
9 pipe; thence run North 63 degrees, 51 minutes,
10 00 seconds East, a distance of 975.00 feet to a
11 1/2 inch G.I. pipe; thence run South 78
12 degrees, 58 minutes, 00 seconds East, to a
13 point intersecting the aforesaid "West City
14 Limit Line"; thence run along said "West City
15 Limit Line" to the Point of Beginning.
16
17 TOGETHER WITH:
18
19 All of those certain pieces, parcels, tracts
20 and lots of land on the Northerly side of the
21 right-of-way of CEDAR KEY AIRPORT in the West
22 1/2 of Section 31, Township 15 South, Range 13
23 East, consisting of LOTS 18 and 19, according
24 to a survey and plat of PINEY POINT, made
25 October 27, 1953 by Perry C. McGriff, a
26 surveyor, together with a further tract
27 Northwesterly of said LOTS 18 and 19, the said
28 LOTS 18 and 19 and the additional tract,
29 together being more particularly described as
30 follows, to-wit:
31
11
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HB 4133, First Engrossed/ntc
1 Commence at the Northwest corner of said
2 Section 31, Township 15 South, Range 13 East,
3 and run South 64 degrees, 52 minutes East, a
4 distance of 2397 feet; thence run North 41
5 degrees, 44 minutes West, a distance of 450
6 feet; thence run South 48 degrees, 16 minutes
7 West, a distance of 2000 feet to the
8 Southeasterly corner of said LOT 18 to
9 establish the POINT OF BEGINNING; from said
10 Point of Beginning run South 48 degrees, 16
11 minutes West, a distance of 300 feet; thence
12 run North 41 degrees, 44 minutes West, a
13 distance of 300 feet; thence run North 48
14 degrees, 16 minutes East, a distance of 300
15 feet; thence run South 41 degrees, 44 minutes
16 East, a distance of 300 feet to the Point of
17 Beginning.
18
19 AND:
20
21 A parcel of land in the East 1/2 of the NW 1/2
22 of Section 31, Township 15 South, Range 13
23 East, Levy County, Florida, being more
24 particularly described as follows:
25 Commence at the Northwest corner of Section 31,
26 Township 15 South, Range 13 East, Levy County,
27 Florida, and run South 64 degrees, 52 minutes
28 East, a distance of 2397 feet; thence run South
29 41 degrees, 44 minutes East, a distance of 100
30 feet to establish the POINT OF BEGINNING; from
31 said Point of Beginning thence run South 48
12
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HB 4133, First Engrossed/ntc
1 degrees, 16 minutes West, a distance of 100
2 feet, thence run South 41 degrees, 44 minutes
3 East, a distance of 600 feet; thence run North
4 48 degrees, 16 minutes East, a distance of 100
5 feet; thence run North 41 degrees, 44 minutes
6 West, a distance of 600 feet more or less to
7 the Point of Beginning.
8
9 AND:
10
11 That part of Section 31, Township 15 South,
12 Range 13 East, Levy County, Florida, being more
13 particularly described as follows:
14 Commence at the Northwest corner of said
15 Section 31 as a point of reference; thence run
16 South 2248.62 feet; thence run North 89
17 degrees, 06 minutes East, a distance of 869.88
18 feet; thence run South 48 degrees, 16 minutes
19 West, a distance of 431.9 feet to the Easterly
20 right-of-way line of a 40 foot wide road
21 right-of-way; thence run South 17 degrees, 01
22 minutes East, a distance of 137.00 feet to the
23 Point of Beginning; thence from said POINT OF
24 BEGINNING run North 72 degrees, 59 minutes
25 East, a distance of l00 feet; thence run North
26 17 degrees, 01 minutes West, a distance of
27 67.00 feet; thence run North 72 degrees, 59
28 minutes East, a distance of 163.00 feet more or
29 less to the water's edge of the Gulf of Mexico;
30 thence run in a Southerly direction along said
31 water's edge, a distance of 132.14 feet more or
13
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HB 4133, First Engrossed/ntc
1 less; thence run South 71 degrees, 59 minutes
2 West, a distance of 238.5 feet more or less to
3 said Easterly right-of-way line; thence run
4 North 17 degrees, 01 minutes West, along said
5 Easterly right-of-way line, a distance of 67.00
6 feet to the said Point of Beginning.
7
8 AND:
9
10 Commencing at the Northwest corner of Section
11 31, Township 15 South, Range 13 East, thence
12 run South 2248.62 feet, thence run North 89
13 degrees, 06 minutes East, 869.88 feet; thence
14 run South 48 degrees, 16 minutes West, 431.9
15 feet; thence run South 17 degrees, 01 minutes
16 East, 70 feet to the Point of Beginning; thence
17 run North 72 degrees, 59 minutes East, 100
18 feet; thence run South 17 degrees, 01 minutes
19 East, 67 feet; thence run South 72 degrees, 59
20 minutes West, 100 feet; thence run North 17
21 degrees, 01 minutes West, 67 feet to the Point
22 of Beginning, all being and lying in Section
23 31, Township 15 South, Range 13 East, Levy
24 County, Florida.
25
26 AND:
27
28 A parcel of land in the Northwest Quarter (1/4)
29 of the Southeast Quarter (1/4) of Section 20,
30 Township 15 South, Range 13 East, Levy County,
31
14
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HB 4133, First Engrossed/ntc
1 Florida, lying within the following described
2 boundary:
3 The West 510.00 feet of the South 600 feet of
4 the Northwest Quarter (1/4) of the Southeast
5 Quarter (1/4) of Section 20, Township 15 South,
6 Range 13 East, Levy County, Florida, LESS AND
7 EXCEPT the road right-of-way of State Road No.
8 24.
9 All lands described in the above legal
10 descriptions are lying and being in Sections
11 19, 20, 29, 30, 31 and 32, Township 15 South,
12 Range 13 East, and a portion in Section 36,
13 Township 15 South, Range 12 East, all being
14 located in LEVY County, Florida.
15
16 Section 1.03 Construction.--
17 (1) The powers of the city shall be construed
18 liberally in favor of the city, limited only by the State
19 Constitution, general law, and specific limitations contained
20 in this act.
21 (2) All powers and authority granted by this act are
22 supplemental and additional to all other statutory and
23 constitutional authority.
24 (3) For purposes of this act, the term:
25 (a) "City" means the City of Cedar Key.
26 (b) "Commission" means the city commission as
27 established in Article II.
28 (c) "State" means the State of Florida.
29 Section 1.04 Special powers.--In addition to its
30 general powers, the city may:
31
15
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HB 4133, First Engrossed/ntc
1 (1) Acquire by purchase, gift, devise, lease,
2 lease-purchase, condemnation, or otherwise, real or personal
3 property, or any estate or interest in property, within or
4 without the city limits, and for any of the purposes of the
5 city, and to improve, sell, lease, mortgage, pledge, or
6 otherwise dispose of its property or any part of its property.
7 (2) Acquire, purchase, hire, construct, extend,
8 maintain, own, operate, or lease local public utilities,
9 including: cable television, transportation, electric,
10 telephone, and telegraph systems; wastewater and stormwater
11 facilities; works for supplying the city and its inhabitants
12 with water, gas, and electric energy for illuminating,
13 heating, or power purposes; water, electric, and gas
14 production, transmission, and distribution systems; sanitary
15 sewage facilities; wastewater transmission and disposal
16 facilities; and any and all other utilities as the welfare of
17 its residents reasonably demand.
18 (3) Cause any local improvement that is for a
19 municipal function or purpose to be planned, financed,
20 acquired, constructed, operated, and maintained, together with
21 any act or thing that is necessary or incidental thereto.
22 Local improvement shall include, but not be limited to, any of
23 the following, either partial or complete, in whole or in
24 part, within the city or outside the city, to-wit: Streets,
25 alleys, sidewalks, curbs, gutters, storm sewers, sewerage
26 disposal systems, water works system, water treatment plant,
27 parks, playgrounds, municipal buildings, garbage and trash
28 disposal plants, docks, swimming pools, public works, public
29 projects, public utilities, and any act or thing that is
30 necessary or incidental thereto.
31
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HB 4133, First Engrossed/ntc
1 (4) Acquire by purchase, gift, devise, condemnation,
2 or otherwise, lands, either within or without the city limits,
3 to be used, kept, and improved as a place of internment of the
4 dead; make and enforce all necessary rules and regulations for
5 the protection and use of all cemeteries within the city
6 limits; and generally regulate the burial of the dead.
7 (5) Provide fire protection and other governmental
8 services within and without the city limits and enter into
9 contracts for such purposes.
10 (6) License, tax, cause to be registered, control the
11 drivers of, and fix the rate to be charged for the
12 transportation of persons and property within the city limits
13 and to the public works beyond the city limits; provide for
14 parking spaces on the streets and regulate, vacate, or
15 discontinue the right to use the parking spaces; and require
16 bonds and sureties to be furnished for all vehicles operated
17 for hire upon the streets of the city whether such operation
18 is wholly within the city limits or between the city and
19 places outside the city.
20 (7) Exercise full police powers over the entire width
21 of right-of-ways of all streets and public ways which lie
22 within, adjacent to, or partially within the city limits.
23 (8) Issue any bonds which municipalities are
24 authorized to issue under the State Constitution or laws of
25 the state, subject to the provisions of this act. For purposes
26 of this subsection:
27 (a) The term "bonds" means ad valorem bonds, revenue
28 bonds and certificates, certificates of indebtedness, special
29 assessment bonds and certificates, tax anticipation notes,
30 bond anticipation notes, revenue anticipation notes, and other
31 evidences of indebtedness.
17
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HB 4133, First Engrossed/ntc
1 (b) The term "revenue bonds" means bonds payable
2 solely from the revenues derived from sources of revenue other
3 than ad valorem taxes.
4 (c) The term "ad valorem bonds" means bonds and the
5 interest thereon which are payable from the proceeds of ad
6 valorem taxes levied on real and personal property situated
7 within the city limits. Ad valorem bonds may be used in
8 combination with other revenue sources.
9 (9) Levy ad valorem taxes in accordance with the State
10 Constitution and laws of the state and levy other taxes
11 authorized by general law.
12 ARTICLE II
13 CITY COMMISSION
14 Section 2.01 Creation.--
15 (1) The corporate authority of the city shall be
16 vested in a city commission hereby created. The municipal
17 government provided by this act shall be known as the "city
18 commission" form of government.
19 (2) Pursuant to the provisions of this act and subject
20 only to limitations imposed by the State Constitution and by
21 this act, all powers of the city shall be vested in an
22 elective commission, hereinafter referred to as the
23 "commission" or the "city commission," which shall enact local
24 legislation, adopt budgets, determine policies, administrate
25 those policies and appoint the officers and officials of the
26 city authorized by this act.
27 (3) All powers of the city where not otherwise
28 delegated herein, shall be exercised through or at the
29 direction of the city commission in the manner prescribed by
30 this act, or if the manner is not prescribed by this act, then
31 in such a manner as may be prescribed by ordinance or
18
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HB 4133, First Engrossed/ntc
1 resolution authorized hereunder or the city commission may
2 cause the exercise of such powers in any manner as may be
3 prescribed by general or special law.
4 Section 2.02 Composition.--The city commission shall
5 have five members. The city commission at its annual
6 organizational meetings shall:
7 (1) Appoint one of its members as mayor.
8 (2) Appoint one of its members as vice mayor.
9 Section 2.03 Eligibility.--Each candidate for a seat
10 must be a qualified voter who is a resident of the city for at
11 least 6 months prior to the date the person qualifies to run
12 for office. Each commissioner and the mayor shall continuously
13 reside within the city during their terms of office.
14 Section 2.04 Mayor and vice mayor.--
15 (1) Mayor.--The mayor may preside at all meetings of
16 the commission, may determine whether or not the policies of
17 the commission are being carried out, report same to the
18 commission, and, at the pleasure of the commission, act as the
19 administrator of the city.
20 (a) The mayor may execute instruments, conveyances,
21 notes, mortgages, and bonds in the name of the city and affix
22 his or her signature thereto when authorized by the commission
23 to do so.
24 (b) Any deed, mortgage, or satisfaction of mortgage
25 heretofore or hereafter executed in the name of the city by
26 the mayor, attested by the city clerk, with the city seal
27 affixed thereto, acknowledged by the mayor and city clerk and
28 recorded in the public records of Levy County, shall be
29 conclusive evidence that such instrument was the act and deed
30 of the city and was duly and lawfully authorized and executed.
31
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1 (c) The mayor shall be recognized as head of the city
2 government for all ceremonial purposes and by the Governor for
3 purposes of military law.
4 (d) The mayor shall perform any duties delegated to
5 him or her by any ordinance, resolution, or law.
6 (2) Vice mayor.--The vice mayor shall have the same
7 duties and powers as the mayor during the absence or
8 disability of the mayor, and in such case shall perform all of
9 the duties of the mayor, subscribing his or her name as vice
10 mayor, and when so done, it shall be deemed as valid as if the
11 mayor had in fact performed that act.
12 Section 2.05 Elections.--
13 (1) General election.--The city shall hold its general
14 election each year as established by ordinance from time to
15 time; however, the general election each year shall not be
16 prior to the first Tuesday in May and not later than the last
17 Tuesday in June. Both primary and runoff elections may be
18 provided for by ordinance.
19 (2) Special election.--Special elections may be held
20 at any time for any lawful purpose.
21 (3) Runoff election.--The city may provide for runoff
22 elections.
23 (4) City declared one election district; polling
24 places.--All of the territory within the city shall be
25 considered as one election district, but there may be more
26 than one polling place within the city as determined by the
27 ordinance. All qualified electors of the city may vote for any
28 candidate for the office of city commissioner.
29 (5) Election procedure.--The city may, by ordinance,
30 establish the rules, regulations, and procedures controlling
31 general and special elections and referendums, including
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1 primary elections, runoff elections, freeholders elections on
2 bond issues, and referendum elections to determine any issue
3 the commission wishes the respective electors to determine. It
4 may adopt by reference any part of the state election code.
5 (a) Candidates elected.--The commission shall provide
6 for, establish, and designate the separate groups under which
7 candidates may qualify and seek election. At any regular,
8 special or runoff election of the city, the ballot shall name
9 all candidates who have qualified for that election, and the
10 procedure for determining the successful candidate. Any
11 candidate for city commissioner receiving a majority of the
12 votes cast in the group in which he or she is a candidate
13 shall be declared elected for a term of 2 years. If no
14 candidate receives a majority of the votes cast for that
15 particular group, the two candidates in that group receiving
16 the highest and next to the highest number of votes cast in
17 that group shall be qualified to participate in the runoff
18 election.
19 (b) Runoff election.--The commission shall provide for
20 runoff elections, which may be held no sooner than the
21 seventh, and not later than the twenty-first, day following
22 the date of the general or special election that the runoff is
23 held to resolve.
24 (8) Oath of candidate.--The city commission may, by
25 ordinance, require each candidate for the city commission at
26 the time he or she qualifies as a candidate to subscribe to an
27 oath that he or she would be qualified to hold office if
28 elected.
29 (10) Induction into office.--Commissioners elected
30 each year at the regular annual city election shall take the
31 oath of office at the next regular meeting following their
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1 election, or at any special meeting called for that purpose.
2 In the event a candidate for the commission is elected in a
3 special election, runoff election or is unable to be sworn in
4 at the time above provided, he or she shall take the oath of
5 office and commence his or her duties at the next regular
6 commission meeting after he or she becomes able and entitled
7 to do so.
8 (11) Oath of office.--Each elected official of the
9 city before entering upon the discharge of the duties of his
10 or her office, shall make oath before some judicial officer or
11 notary public of the state, that he or she will support,
12 protect, and defend the government of the United States, and
13 of the state, against all enemies, domestic or foreign, and
14 will bear true faith, loyalty, and allegiance to the same;
15 that he or she is entitled to hold office under the
16 Constitution of the United States, and of the state, and that
17 he or she will faithfully perform all of the duties of the
18 office which he or she is about to enter.
19 (12) Judge as to qualifications of its members.--The
20 city commission shall be the judge of the election and
21 qualifications of its members and for such purpose shall have
22 power to subpoena witnesses and require the production of
23 records, all subject to review by the courts.
24 Section 2.06 Commission terms and vacancies.--
25 (1) The city commission members shall be elected for a
26 term of 2 years or until their successors have been elected
27 and take office.
28 (2) If a vacancy occurs in the city commission from
29 any cause 90 days or more prior to a general election, the
30 vacancy may be filled by the city commission appointing a
31 qualified person to fill such vacancy until the following
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1 general election which follows said vacancy. In case of a
2 vacancy, such appointment shall be only until the next general
3 election of the city and the election shall be for the
4 unexpired term.
5 Section 2.07 Order of business.--The commission shall
6 determine its own rules and order of business. It shall cause
7 the city clerk, or his or her designee, to keep the journal of
8 its proceedings, to authenticate by his or her signature and
9 to record in a book kept for such purposes all ordinances and
10 resolutions.
11 Section 2.08 Commissioners required to vote.--Except
12 as otherwise provided by law, when any issue or question is to
13 be voted on at any commission meeting, any member thereof may
14 call for a roll call vote, and if such a vote is requested by
15 any member, the mayor or city clerk shall call the roll of the
16 commission members and each commissioner present at the
17 commission table at that time shall cast either an affirmative
18 or negative vote on such issue or question and the clerk shall
19 record the individual vote of each in the journal.
20 Section 2.09 Compensation.--The compensation of the
21 city commissioners, and of all officials and employees of the
22 city shall be as determined by the city commission.
23 Section 2.10 Removal of commissioners.--
24 (1) Grounds.--Any of the commissioners may be removed
25 from office for any of the following grounds:
26 (a) Successive failure to attend regular meetings
27 without good cause after being requested by the majority of
28 the commission to do so.
29 (b) Removal of residence from said city or ceasing to
30 be a freeholder in said city.
31 (c) Misfeasance in office.
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1 (d) Malfeasance in office.
2 (e) Nonfeasance in office.
3 (f) Habitual intoxication.
4 (g) Conviction of a felony.
5 (2) Procedure.--The majority of the commission may
6 remove any member of the commission for any of the grounds set
7 forth herein, provided such member is so charged in writing,
8 given a public hearing if requested, a bill of particulars if
9 demanded and is given the opportunity to appeal the decision
10 of the commission to the circuit court. The commission may, by
11 ordinance, further provide for additional procedure to carry
12 out the intent of this section.
13 (3) Recall of commissioners.--Commissioners including
14 the mayor are subject to recall as provided by law.
15 ARTICLE III
16 ADMINISTRATION
17 Section 3.01 Departments.--The city commission may
18 establish departments for orderly performance and
19 administration of city functions and duties.
20 (2) The city commission may appoint each one of its
21 respective commissioners to be in charge of each department.
22 (3) The city commission may establish the duties,
23 rules, regulations, and policies pertaining to each
24 department.
25 (4) Administration of each respective department may
26 be by the commissioner in charge of that department, the
27 mayor, city administrator, or city manager, as determined by
28 the city commission from time to time.
29 Section 3.02 Appointment of Officials.--
30 (a) The city commission at its annual organizational
31 meetings shall:
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1 (1) Appoint one of its members as mayor.
2 (2) Appoint one of its members as vice-mayor.
3 (3) Appoint, by retaining, a city attorney.
4 (4) Appoint a city clerk.
5 (5) Appoint a chief of police.
6 (6) Appoint any other official it deems advisable.
7 (b) The city commission shall appoint a qualified
8 person to fill any vacancy in any of the aforesaid offices
9 should a vacancy occur in that office between its annual
10 organizational meetings.
11 Section 3.03 Terms of appointees.--
12 (a) The term of office of any municipal official
13 appointed pursuant to Section 3.02 of this charter, shall
14 commence on the effective date of the municipal official's
15 appointment as determined by the commission and terminate on
16 the thirtieth (30th) day of May, next following the effective
17 date of his or her appointment, or until his or her successor
18 takes office.
19 (b) The same person, if qualified, may be re-appointed
20 to succeed himself or herself from term to term to the same or
21 another office, and shall, if qualified, retain office until a
22 successor is appointed.
23 (c) The failure to appoint a person to such office on
24 the date provided, or within a reasonable time thereafter,
25 shall extend the term of the person then holding such official
26 position for another term, if he or she is qualified to
27 succeed himself, but if he or she is not qualified to succeed
28 himself or herself, the office shall be deemed vacant until
29 filled.
30 (d) Each municipal official shall continue to be
31 qualified to hold his or her respective office during his or
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1 her term and if the official ceases to be so qualified, the
2 official's term shall thereupon terminate.
3 Section 3.04 Duties of appointees.--The duties of the
4 following municipal officials shall be:
5 (1) Attorney.--The city attorney, who must be admitted
6 to the practice of law in the state, shall be the legal
7 advisor to, and attorney for, the city. The city attorney
8 shall prosecute and defend all suits, complaints, and
9 controversies for and on behalf of the city, unless otherwise
10 directed by the commission, and shall review all contracts,
11 bonds, and other instruments in writing in which the city is
12 to be a party, and shall endorse on each approval as to form
13 and legality.
14 (2) City clerk.--The city clerk of the commission
15 shall keep records and perform such other duties as are
16 prescribed by this act or the commission.
17 (3) Chief of police.--The chief of police shall be the
18 chief administrative officer for the city police department.
19 (4) Mayor and Vice-Mayor.--The mayor and vice-mayor
20 shall perform duties as prescribed by Section 2.04.
21 (5) Other.--The city commission may establish by
22 ordinance any other officer of the city and designate an
23 appropriate title of said officer as determined necessary.
24 Section 3.05 Removal of Chief of Police.--The Chief of
25 Police may be removed from office by a majority vote of the
26 city commission on any of the grounds set forth in Section
27 2.10 of this charter.
28 Section 3.06 Audits and examinations of administrative
29 departments.--In the absence of state law requiring the city
30 to conduct an annual financial audit, the commission shall
31 adopt an ordinance requiring an annual financial audit of the
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1 accounts and records of the city to be completed by an
2 independent certified public accountant within 12 months after
3 the end of each fiscal year.
4 ARTICLE IV
5 SPECIAL PROVISIONS
6 Section 4.01 Charter amendments.--This act may be
7 amended pursuant to this section or as otherwise provided by
8 general law.
9 (1) Petition.--An amendment may be proposed by a
10 petition signed by 20 percent of the registered voters of the
11 city, or by an ordinance adopted by a four-fifths vote of the
12 membership of the commission. The commission shall place the
13 proposed amendment to a vote of the electors at the next
14 general election or at a special election called for that
15 purpose.
16 (2) Notice.--The full proposed amendment must be
17 published once each week for 4 consecutive weeks prior to the
18 election in a newspaper of general circulation published in
19 the city.
20 (3) Effect of election.--A proposed amendment
21 receiving an affirmative vote of a majority of the votes cast
22 shall be effective as an amendment to this act not later than
23 the 90th calendar day after the day on which the vote was
24 taken unless otherwise provided in the proposed amendment.
25 Section 4.02 Fresh pursuit and arrest by municipal
26 officers.--Any police officer of the city may make fresh
27 pursuit of any person from within the city to any point in
28 Levy County and there arrest the person, if the pursued person
29 has violated a municipal ordinance of the city or committed a
30 misdemeanor within the city in the presence of a police
31 officer, or if the police officer has reasonable grounds to
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1 believe that the pursued person has committed or is committing
2 a felony.
3 ARTICLE V
4 TRANSITION SCHEDULE
5 Section 5.01 Former charter provisions.--All
6 provisions of the charter of the City of Cedar Key in effect
7 immediately prior to the effective date of this act which are
8 not contained in and are not inconsistent with this act are
9 ordinances of the city subject to modification or repeal in
10 the same manner as other ordinances of the city.
11 Section 5.02 Ordinances and resolutions
12 preserved.--All ordinances and resolutions in effect
13 immediately prior to the effective date of this act shall
14 remain in full force and effect to the extent not inconsistent
15 or in conflict with this act until repealed or changed in the
16 manner provided by law.
17 Section 5.03 Rights of officers and
18 employees.--Nothing in this act except as otherwise
19 specifically provided in this act shall affect or impair the
20 rights or privileges of persons who were city officers or
21 employees immediately prior to the effective date of this act.
22 Section 5.04 Pending matters.--All rights, claims,
23 actions, orders, and legal or administrative proceedings
24 involving the city immediately prior to the effective date of
25 this act shall continue, except as modified pursuant to the
26 provisions of this act.
27 Section 5.05 The provisions of this charter are
28 severable, and if any word, section, part of section,
29 paragraph, sentence, clause, phrase, or any portion of this
30 charter shall be held invalid or unconstitutional, such
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1 decision shall not affect any other part or portion of this
2 charter.
3 Section 2. Chapter 69-929, Laws of Florida, is hereby
4 repealed.
5 Section 3. This act shall take effect upon becoming a
6 law.
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