House Bill 4821

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    Florida House of Representatives - 1998                HB 4821

        By Representative Arnall






  1                      A bill to be entitled

  2         An act relating to St. Johns County; creating

  3         the Town of Ponte Vedra Beach; providing

  4         legislative intent; providing municipal

  5         boundaries and municipal powers; providing a

  6         council-manager form of government; providing

  7         for election of a town council; providing for

  8         membership, qualifications, terms, powers, and

  9         duties of its members, including the mayor;

10         providing for compensation and expenses;

11         providing general powers and duties; providing

12         circumstances resulting in vacancy in office;

13         providing grounds for forfeiture and

14         suspension; providing for filling of vacancies;

15         providing for meetings; providing for keeping

16         of records; providing for adoption,

17         distribution, and recording of technical codes;

18         providing a limitation upon employment of town

19         council members; providing certain interference

20         with town employees shall constitute

21         malfeasance in office; establishing the fiscal

22         year; providing for adoption of annual budget

23         and appropriation; providing amendments for

24         supplemental, reduction, and transfer of

25         appropriations; providing for limitations;

26         providing for appointment of charter offices,

27         including a town manager and town attorney;

28         providing for removal, compensation, and

29         filling of vacancies; providing qualifications,

30         powers, and duties; providing for nonpartisan

31         elections and for matters relative thereto;

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  1         providing for recall; providing for initiative

  2         and referenda; providing the town a

  3         transitional schedule and procedures for first

  4         election; providing for first-year expenses;

  5         providing for adoption of transitional

  6         ordinances, resolutions, comprehensive plan,

  7         and local development regulations; providing

  8         for accelerated entitlement to state-shared

  9         revenues; providing for gas tax revenue;

10         providing for a mechanism for St. Johns County

11         to separate countywide from municipal services

12         taxes and to allocate to the town the municipal

13         taxes; providing for a transition agreement

14         between St. Johns County and Town of Ponte

15         Vedra Beach; providing for interim municipal

16         services; providing for disposition of existing

17         special districts; providing for the

18         grandfathering in of existing land uses and

19         zoning for certain property owners; providing

20         land descriptions of the town; providing for

21         future amendments of the charter; providing for

22         standards of conduct in office; providing for

23         severability; providing for a referendum;

24         providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Short title.--This act, together with any

29  future amendments thereto, shall be known and may be cited as

30  the Town of Ponte Vedra Beach Charter, hereinafter referred to

31  as "the charter."

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  1         Section 2.  Legislative intent.--The Legislature hereby

  2  finds and declares that:

  3         A.  The Ponte Vedra Beach area in St. Johns County

  4  includes a compact and contiguous community of approximately

  5  25,000 residents susceptible to urban services, and

  6  constitutes a community amenable to separate municipal

  7  government.

  8         B.  It is the intent of the St. Johns County

  9  Legislative Delegation that the Legislature shall not cast its

10  final vote upon this bill until a full and complete

11  feasibility study has been transmitted to and accepted by the

12  Committee on Community Affairs as being complete and

13  sufficient enough to provide all data necessary for potential

14  voters to reach an informed decision prior to a referendum on

15  the issue of incorporation.

16         Section 3.  Incorporation of municipality; corporate

17  limits.--There is hereby created, effective December 31, 1998,

18  in St. Johns County, a new municipality to be known as the

19  Town of Ponte Vedra Beach, which shall have a council-manager

20  form of government. The corporate boundaries of the Town of

21  Ponte Vedra Beach, hereinafter referred to as "town," shall be

22  as described in section 12.

23         Section 4.  Municipal powers.--The town shall be a body

24  corporate and politic and shall have all the powers of a

25  municipality under the Constitution and laws of the State of

26  Florida, as fully and completely as though such powers were

27  specifically enumerated in the charter, unless otherwise

28  prohibited by or contrary to the provisions of the charter.

29  The town shall have all governmental, corporate, and

30  proprietary powers to enable it to conduct municipal

31  government, perform municipal functions, and render municipal

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  1  services, and may exercise any power for municipal services

  2  unless expressly prohibited by law. The powers of the town

  3  shall be liberally construed in favor of the town.

  4         Section 5.  Town council.--

  5         A.  COUNCIL; COMPOSITION; QUALIFICATIONS OF COUNCIL

  6  MEMBERS.--

  7         1.  There shall be a five member town council,

  8  hereinafter referred to as the "council," consisting of four

  9  council members elected at-large, although each of these

10  council members must reside in the district they represent,

11  and one council member representing the town at-large and

12  designated as mayor.

13         2.  The districts' geographical boundaries are:

14         District 1:

15         Beginning at a point where Ponte Vedra Lakes

16         Boulevard intersects the boundary of St. Johns

17         County and Duval County; thence southerly and

18         easterly on Ponte Vedra Lakes Boulevard to the

19         power lines; thence southerly along the power

20         line right-of-way to Solana Road also known as

21         State Road 210A; thence easterly along Solana

22         Road to the intersection of State Road 210A and

23         A1A North; thence southerly along A1A North to

24         Thousand Oaks Boulevard; thence westerly and

25         northerly along Thousand Oaks Boulevard to

26         Palmera Drive; thence northerly along Palmera

27         Drive to Alta Mar Drive; thence west along Alta

28         Mar Drive to TPC Boulevard; thence northerly

29         and westerly along TPC Boulevard to Solana

30         Road; thence westerly along State Road 210A to

31         the intersection of State Road 210A and North

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  1         Roscoe Boulevard; thence westerly from said

  2         intersection along an extension of State Road

  3         210A to the centerline of the Intracoastal

  4         Waterway; thence northerly along the

  5         Intracoastal Waterway to a point where the

  6         centerline of the channel of the Intracoastal

  7         Waterway intersects the boundary of St. Johns

  8         County and Duval County; thence easterly along

  9         the St. Johns County boundary to the point of

10         beginning.

11         District 2:

12         Beginning at the intersection of the shores of

13         the Atlantic Ocean and the boundary line

14         between St. Johns County and Duval County;

15         thence southerly along the shores of the

16         Atlantic Ocean to the easterly extension of

17         Mickler's Cutoff; thence along said extension

18         to the intersection of County Road 203 and

19         Mickler's Cutoff Road; thence northerly and

20         westerly along the boundary of the Ponte Vedra

21         Municipal Service District (hereinafter

22         referred to as "Ponte Vedra MSD"), to Ponce de

23         Leon Boulevard, also known as State Road A1A;

24         thence northerly along Ponce de Leon Boulevard

25         to Solana Road; thence west on Solana Road to

26         the Power Lines; thence northerly along the

27         power lines to Ponte Vedra Lakes Boulevard;

28         thence northwesterly along Ponte Vedra Lakes

29         Boulevard to the boundary of St. Johns County;

30         thence easterly along the boundary between St.

31

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  1         Johns County and Duval County to the point of

  2         beginning.

  3         District 3:

  4         Beginning at the intersection of TPC Boulevard

  5         and Alta Mar Drive; thence southerly and

  6         easterly along TPC Boulevard to Highway A1A

  7         North; thence south on Highway A1A to the

  8         intersection of Mickler's Cutoff; thence

  9         easterly along Mickler's Cutoff to the

10         intersection with the western boundary of the

11         Ponte Vedra MSD; thence northerly and westerly

12         along the boundary of the Ponte Vedra MSD;

13         thence southerly on A1A North to the

14         intersection of Thousand Oaks Boulevard; thence

15         westerly and northerly along Thousand Oaks

16         Boulevard to Palmera Drive; thence northerly

17         along Palmera Drive to Alta Mar Drive; thence

18         west along Alta Mar Drive to the point of

19         beginning.

20         District 4:

21         Beginning at the intersection of TPC Boulevard

22         and Solana Road; thence southerly and easterly

23         along TPC Boulevard to Highway A1A North;

24         thence southerly along A1A North to the

25         intersection of A1A North and Mickler's Cutoff

26         Road; thence easterly along an extension of

27         Mickler's Cutoff Road to the shores of the

28         Atlantic Ocean; thence southerly along the

29         shores of the Atlantic Ocean to an extension of

30         the southern boundary of the Ponte Vedra MSD;

31         thence westerly along said extension to the

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  1         intersection with the boundary of the Guana

  2         State Park; thence following the boundary of

  3         the Guana State Park to the center of the

  4         Intracoastal Waterway; thence northerly along

  5         the center of the Intracoastal Waterway to the

  6         westerly extension of Solana Road; thence

  7         easterly along Solana Road to the point of

  8         beginning.

  9         District 5:

10         At-Large Mayoral/Council Seat comprising the

11         entire Town.

12         3.  Redistricting.--In the year 2001 and in the

13  odd-numbered years after each decennial census thereafter, and

14  at any time when required by law, the town council shall

15  redivide the town into four districts of contiguous territory

16  as nearly equal in population as possible.

17         4.  Council Seats.--There shall be five separate

18  council seats to be designated as District 1, District 2,

19  District 3, District 4 and District 5-Mayoral/Council. Council

20  members must qualify for council positions by district and the

21  council members elected to those seats shall hold seats 1

22  through 5 respectively.

23         5.  To qualify for office:

24         a.  Each candidate for the office of council shall be a

25  registered voter in the State of Florida and an elector of the

26  town.

27         b.  At the time of qualification, each candidate for a

28  council seat shall reside within the boundaries of the town

29  and, if elected, shall maintain such residency throughout his

30  or her term of office. Each district council member must be a

31  resident of the district they represent during their

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  1  incumbency. For the initial election, following the referendum

  2  approving the creating of the town, candidates for office

  3  shall qualify as provided in section 9B. Thereafter,

  4  candidates shall qualify as provided in section 8C.

  5         B.  TERM OF OFFICE.--The term of office for council

  6  members shall be 4 years. Each council member shall remain in

  7  office until a successor is elected and assumes the duties of

  8  the position, except as otherwise provided herein. No council

  9  member shall serve more than two consecutive terms of office.

10         C.  THE MAYOR; POWERS AND DUTIES.--

11         1.  The mayor shall be elected from the at-large

12  District 5-Mayoral/Council candidates. The mayor shall have

13  the same legislative powers and duties as any other council

14  member, as well as, the duties provided in paragraph 2.

15         2.  In addition to carrying out his or her regular

16  council member duties, the mayor shall preside at the meetings

17  of the council and shall be recognized as the head of town

18  government for service of process, ceremonial matters, and the

19  signature or execution of ordinances, contracts, deeds, bonds,

20  and other instruments and documents. The mayor shall serve as

21  the liaison between the town council and the town manager;

22  however, the mayor shall have no administrative duties other

23  than those necessary to accomplish the actions delineated

24  above, or such other actions as may be authorized by the

25  council, consistent with general or special law.

26         D.  COMPENSATION AND EXPENSES.--Council members shall

27  be compensated at the rate of $500 per month and shall be

28  entitled to receive reimbursement in accordance with Florida

29  Statutes for authorized travel and per diem expenses incurred

30  in the performance of their official duties. The council, by

31  not less than a majority plus one vote of the entire council,

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  1  may elect to provide for an increase in compensation by

  2  ordinance. However, no such ordinance establishing or

  3  increasing compensation shall take effect until the date of

  4  commencement of the terms of council members elected at the

  5  next regular election which follows the adoption of said

  6  ordinance.

  7         E.  GENERAL POWERS AND DUTIES OF COUNCIL.--Except as

  8  otherwise prescribed herein or provided by law, legislative

  9  and police powers of the town shall be vested in the council.

10  The council shall provide for the exercise of its powers and

11  for the performance of all duties and obligations imposed on

12  the town by law.

13         F.  VACANCIES; FORFEITURE OF OFFICE; SUSPENSION;

14  FILLING OF VACANCIES.--

15         1.  Vacancies.--A vacancy in the office of a council

16  member shall occur upon the death of the incumbent, removal

17  from office as authorized by law, resignation, appointment to

18  other public office which creates dual office holding,

19  judicially determined incompetency, or forfeiture of office as

20  described in paragraph 2.

21         2.  Forfeiture of office.--A council member shall

22  forfeit his or her office upon determination by the council,

23  acting as a body at a duly noticed public meeting, that he or

24  she:

25         a.  Lacks at any time, or fails to maintain during his

26  or her term of office, any qualification for the office

27  prescribed by the charter or otherwise provided by law;

28         b.  Is convicted of a felony, or enters a plea of

29  guilty or nolo contendere to a crime punishable as a felony;

30         c.  Is convicted of a first degree misdemeanor arising

31  directly out of his or her official conduct or duties, or

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  1  enters a plea of guilty or nolo contendere thereto, even if

  2  adjudication of guilt has been withheld;

  3         d.  Is found to have violated any standard of conduct

  4  or code of ethics established by law for public officials and

  5  has been suspended from office by the Governor, unless

  6  subsequently reinstated as provided by law; or

  7         e.  Is absent from two consecutive regular council

  8  meetings or four or more meetings in any calendar year without

  9  justifiable reason, or for any other reason established in the

10  charter.

11         3.  Suspension from office.--A council member shall be

12  suspended from office upon return of an indictment or issuance

13  of any information charging the council member with any crime

14  which is punishable as a felony or with any crime arising out

15  of his or her official duties which is punishable as a first

16  degree misdemeanor. In furtherance thereof:

17         a.  During the period of suspension, the council member

18  shall not perform any official act, duty, or function or

19  receive any pay, allowance, emolument, or privilege of office.

20         b.  If the council member is subsequently found not

21  guilty of the charge, or if the charge is otherwise dismissed,

22  reduced, or altered in such a manner that suspension would no

23  longer be required as provided herein, the suspension shall be

24  lifted and the council member shall be entitled to receive

25  full back pay and such other emoluments or allowances as he or

26  she would have been entitled to had the suspension not

27  occurred.

28         4.  Filling of vacancies.--

29         a.  If a vacancy occurs in the office of mayor, the

30  council shall appoint from its members by majority vote an

31  individual to be mayor for the remainder of the mayor's term.

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  1         b.  If any vacancy occurs in the office of any council

  2  member, including any vacancy resulting from a council member

  3  being appointed by the council to fill a mayoral vacancy, the

  4  remaining council members shall, within 30 days following the

  5  occurrence of such vacancy, by majority vote, appoint a person

  6  to fill the vacancy until the next general election.

  7         c.  Any person appointed to fill a vacant seat on the

  8  council shall be required to meet the qualifications of the

  9  seat to which he or she is appointed.

10         G.  Council meetings.--Regular meetings of the council

11  shall be held on the third Thursday of every month and at such

12  place, reasonably accessible to the citizens of the town, as

13  the council shall prescribe by resolution. Such meetings shall

14  be public meetings within the meaning of s. 286.011, Florida

15  Statutes, and shall be subject to notice and other

16  requirements of law applicable to public meetings. Pursuant

17  thereto:

18         1.  Special meetings may be held at the call of the

19  mayor or upon the request of a majority of the council

20  members. Such meetings shall be held at a place that is

21  reasonably accessible to the citizens of the town. Unless of

22  an emergency nature, the person or persons calling such

23  meeting shall provide not less than 72-hours prior notice of

24  the meeting to the public.

25         2.  Elected or reelected council members shall be

26  inducted into office at the first regularly scheduled meeting

27  following certification of their election.

28         3.  A majority of the council shall constitute a

29  quorum. No action of the council shall be valid unless adopted

30  by an affirmative vote of the majority of the council unless

31

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  1  otherwise provided by law. All actions of the council shall be

  2  by ordinance, resolution, or motion.

  3         H.  TOWN RECORDS.--The council shall, in a properly

  4  indexed book kept for the purpose, provide for the

  5  authentication and recording in full of all minutes of

  6  meetings and all ordinances and resolutions adopted by the

  7  council, and the same shall at all times be a public record.

  8  The council shall further maintain a current codification of

  9  all ordinances. Such codification shall be printed and shall

10  be made available for distribution to the public on a

11  continuing basis. All ordinances or resolutions of the council

12  shall be signed by the mayor and attested to by the town

13  clerk, hereinafter referred to as "clerk," who shall be

14  selected by the town manager, hereinafter referred to as

15  "manager."

16         I.  ADOPTION OF CODES.--The council may adopt any

17  standard code of technical regulations by reference thereto in

18  an adopting ordinance and may amend the code in the adopting

19  ordinance or later amendatory ordinance. The procedures and

20  requirements governing such an adoption ordinance shall be

21  prescribed for ordinances generally, except that:

22         1.  Requirements regarding distribution and filing of

23  copies of the ordinance shall not be construed to require

24  distribution and filing of copies of the adopted code of

25  technical regulations, except as provided in paragraph 2.

26         2.  A copy of each adopted code of technical

27  regulations, as well as of the adoptive ordinance, shall be

28  authenticated and recorded by the clerk.

29         J.  LIMITATION OF EMPLOYMENT OF COUNCIL MEMBERS.--No

30  council member shall be in the employment of the town in any

31  other capacity while in office, nor shall any former council

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  1  member be employed by the town until after the expiration of 1

  2  year from the time of leaving office.

  3         K.  NONINTERFERENCE BY COUNCIL.--Except for the

  4  purposes of inquiry and information, the council and its

  5  members including committees thereof, are expressly prohibited

  6  from interfering with the performance of the duties of any

  7  employee of the town who is under the direct or indirect

  8  supervision of the manager or town attorney, hereinafter

  9  referred to as "attorney."  Such action shall be malfeasance

10  within the meaning of s. 112.501, Florida Statutes, and s.

11  112.51, Florida Statutes.

12         Section 6.  Budget and appropriations.--

13         A.  FISCAL YEAR.--The town shall have a fiscal year

14  which shall begin on October 1 of each year and end on

15  September 30 of the succeeding year.

16         B.  BUDGET ADOPTION.--The council shall by resolution

17  adopt a budget for the next fiscal year prior to the beginning

18  of the next fiscal year, following a minimum of two public

19  hearings on the proposed budget. A resolution adopting the

20  annual budget shall constitute appropriation of the amounts

21  specified therein as expenditures from funds indicated.

22         C.  APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR.--

23         1.  Supplemental appropriations.--If during the fiscal

24  year, revenues in excess of those estimated in the budget are

25  available for appropriation, the council by resolution may

26  make supplemental appropriations for the year in an amount not

27  to exceed such excess.

28         2.  Reduction of appropriations.--If, at any time

29  during the fiscal year, it appears probable to the manager

30  that the revenues available will be insufficient to meet the

31  amount appropriated, the manager shall report same to the

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  1  council without delay, indicating the estimated amount of the

  2  deficit, any remedial action taken and recommendations as to

  3  any other steps that should be taken. The council shall then

  4  take such further action as it deems necessary to prevent or

  5  minimize any deficit and, for that purpose, the council may by

  6  resolution reduce one or more appropriations accordingly.

  7         3.  Limitations; effective date.--No appropriation for

  8  debt service may be reduced or transferred, and no

  9  appropriation may be reduced below any amount required by law

10  to be appropriated, or by more than the unencumbered balance

11  thereof. Other provisions of law to the contrary

12  notwithstanding, the supplemental and emergency appropriations

13  and reduction or transfer of appropriations authorized by this

14  section may be made effective immediately upon adoption.

15         Section 7.  Charter officers.--

16         A.  DESIGNATION.--The manager and attorney are

17  designated as charter officers, except that the office of the

18  attorney may be contracted to an attorney or law firm.

19         B.  APPOINTMENT; REMOVAL COMPENSATION; FILLING OF

20  VACANCIES.--

21         1.  The charter officers shall be appointed by a

22  majority of the full council and shall serve at the pleasure

23  of the council.

24         2.  The charter officers shall be removed from office

25  only by a majority plus one vote of the full council. Upon

26  demand by a charter officer, a special hearing shall be held

27  prior to such removal.

28         3.  The compensation of the charter officers shall be

29  fixed by the council.

30         4.  The council shall begin the process to fill a

31  vacancy in a charter office as soon as practicable. An acting

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  1  town manager or an acting town attorney may be appointed by

  2  the council during a vacancy in such charter office.

  3         5.  The charter officers shall not be a candidate for

  4  council while holding their charter position.

  5         C.  TOWN MANAGER.--The manager shall be the chief

  6  administrative officer of the town.

  7         1.  Qualifications.--The manager shall be selected on

  8  the basis of experience, expertise, and management ability as

  9  it pertains to running municipal government. There shall be a

10  town manager who shall be appointed and who shall serve at the

11  pleasure of the town council. The town manager shall be chosen

12  on the basis of professional training, executive and

13  administrative experience, and qualifications. The town

14  manager shall have a Bachelor's Degree from an accredited

15  college or university and at least 5 years experience as the

16  town manager or assistant town manager in a city or county

17  with a population of comparable size. The town manager shall

18  maintain residency within the county during the tenure of

19  office and shall not engage in any other business or

20  occupation without the express approval of the town council.

21         2.  The town manager shall be bonded at the discretion

22  of the town council.

23         3.  Powers and duties.--The manager shall:

24         a.  As the chief administrative officer of the town,

25  direct and supervise the administration of all departments,

26  offices, and agencies of the town, except the office of

27  attorney, and except as otherwise provided by the charter or

28  by law.

29         b.  Appoint, suspend, or remove any employee of the

30  town or appointive administrative officer provided for, by or

31  under the charter, including the clerk, except the office of

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  1  attorney, and except as otherwise provided by law, the charter

  2  or personnel rules adopted pursuant to the charter. The

  3  manager may authorize any administrative officer who is

  4  subject to his or her discretion and supervision to exercise

  5  these powers with respect to subordinates in that officer's

  6  department, office, or agency.

  7         c.  Ensure that all laws, provisions of the charter and

  8  acts of the council are faithfully executed.

  9         d.  Prepare and submit the annual operating budget and

10  the capital expenditures program to the council in the form

11  prescribed by ordinance.

12         e.  Attend meetings of the council.

13         f.  Draw and sign vouchers upon depositories as

14  provided by ordinance, and keep, or cause to be kept, a true

15  and accurate account of same.

16         g.  Sign all licenses issued by the town and issue

17  receipts for all moneys paid to the town and deposit said

18  moneys in the proper depositories on the first banking day

19  after receipt. The manager may delegate the responsibilities

20  of this subparagraph to an appropriate town employee who shall

21  be bonded.

22         h.  Provide administrative services in support of the

23  official duties of the mayor and the council.

24         i.  Keep the council advised as to the financial

25  condition and future needs of the town and make

26  recommendations to the council concerning the affairs of the

27  town.

28         j.  Submit to the council, and make available to the

29  public, a complete report on finances and administrative

30  activities of the town as of the end of each fiscal year.

31

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  1         k.  Sign contracts on behalf of the town to the extent

  2  authorized by ordinance.

  3         l.  Perform such other duties as are specified in the

  4  charter or as may be required by the council.

  5         D.  TOWN ATTORNEY.--The attorney shall be the chief

  6  legal officer of the town.

  7         1.  Qualifications.--The town attorney shall be a

  8  member of The Florida Bar in good standing.

  9         2.  Powers and duties.--The town attorney:

10         a.  Shall serve as chief legal advisor to the council,

11  the charter officers and all town departments, officers, and

12  agencies.

13         b.  May hire such assistants as may be required when

14  approved by the council.

15         c.  Shall attend council meetings unless excused by the

16  council and shall perform such professional duties as may be

17  required by law or by the council in furtherance of the law.

18         d.  Shall prepare an annual budget for the operation of

19  the office of attorney and shall submit this budget to the

20  manager for inclusion in the annual town budget in accordance

21  with uniform town procedures.

22         Section 8.  Elections.--

23         A.  ELECTORS.--Any person who is a resident of the

24  town, who has qualified as an elector of this state, and who

25  registers in the manner prescribed by law shall be an elector

26  of the town.

27         B.  NONPARTISAN ELECTIONS.--All elections for the

28  council members shall be conducted on a nonpartisan basis

29  without any designation of political party affiliation.

30         C.  QUALIFYING FOR OFFICE.--Any elector of the town who

31  wishes to become a candidate for a town elective office shall

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  1  qualify with the clerk. Candidates must submit their names and

  2  proof of qualification, as described in the applicable

  3  provisions of s. 99.061, Florida Statutes, to the St. Johns

  4  County Supervisor of Elections Office between noon of the 50th

  5  day and noon of the 46th day prior to the town election. Proof

  6  of qualification includes:

  7         1.  Proof of current address.

  8         2.  A petition for the candidate with signatures of

  9  Ponte Vedra Beach registered voters totaling not less than 25

10  registered voters as of January 31st of that same year.

11         D.  SCHEDULE FOR STAGGERED TOWN ELECTIONS AND

12  RUNOFFS.--Pursuant to s. 100.031, Florida Statutes, the town

13  elections for District 2 and District 4 will be held in

14  conjunction with the first primary which is 9 weeks prior to

15  the General Election which is held on the first Tuesday after

16  the first Monday in November of even-numbered years beginning

17  in the year 2000. Pursuant to s. 100.031, Florida Statutes,

18  the town elections for District 1 and District 3 and the mayor

19  will be held in conjunction with the first primary which is 9

20  weeks prior to the general election which is held on the first

21  Tuesday after the first Monday in November of even-numbered

22  years beginning in the year 2002. In the event no candidate

23  for an office receives a majority of the votes cast for said

24  office, there will be a runoff election between the two

25  candidates with the highest number of votes. The runoff will

26  be held in conjunction with the general election in November.

27         E.  SCHEDULE FOR OTHER ELECTIONS.--Special municipal

28  elections shall be held in the same manner as regular

29  elections, except that the council, by ordinance, shall fix

30  the time for the holding of such elections.

31

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  1         F.  DETERMINATION OF ELECTION TO OFFICE.--In either the

  2  case of council members or the mayoral/council member, if only

  3  one candidate qualifies for an office, said candidate shall be

  4  deemed to be elected. If two or more candidates qualify for an

  5  office, the names of those candidates shall be placed on the

  6  ballot at the general election. If no candidate for an office

  7  receives a majority of the votes cast for said office, then

  8  the two candidates for the office receiving the highest vote

  9  in the general election shall run again in the runoff

10  election, provided that:

11         1.  If more than two candidates for an office receive

12  an equal and highest number of votes, the names of such

13  candidates shall be placed on the runoff election ballot.

14         2.  In any contest in which there is a tie for second

15  place, the name of the candidate placing first and the names

16  of the candidates tying for second shall be placed upon the

17  runoff election ballot. The candidate receiving the highest

18  number of votes cast for the office in the runoff election

19  shall be elected to such office. If the vote at the runoff

20  election results in a tie, the outcome shall be determined by

21  lot.

22         G.  TOWN CANVASSING BOARD.--The town canvassing board,

23  hereinafter referred to as the "canvassing board," shall be

24  composed of the manager, attorney, and clerk, of whom the

25  clerk shall act as chair. At the close of the polls of any

26  town election, or as soon thereafter as practicable, the

27  canvassing board shall meet at a time and place designated by

28  the chair and shall proceed to publicly canvass the vote as

29  shown by the returns then on file in the office of the town

30  clerk, and then shall publicly canvass the absentee elector

31  ballots. The canvassing board shall prepare and sign a

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  1  certificate containing the total number of votes cast for each

  2  candidate or other measure voted upon. The certificate shall

  3  be placed on file with the clerk.

  4         H.  RECALL OF COUNCIL MEMBERS.--Any member of the

  5  council, including the mayor, may be removed from office by

  6  the electors of the town following the procedures for recall

  7  established by general law.

  8         I.  INITIATIVE AND REFERENDUM.--

  9         1.  Power to initiate and reconsider ordinances.--

10         a.  Initiative.--The electors of the town shall have

11  the power to propose ordinances to the council and, if the

12  council fails to adopt an ordinance so proposed without any

13  change in substance, to adopt or reject it at a town election,

14  provided that such power shall not extend to the annual budget

15  or capital program or any ordinance appropriating money,

16  levying taxes, or setting salaries of town officers or

17  employees.

18         b.  Referendum.--

19         (1)  The council shall have the power, by resolution,

20  to call for a referendum vote by the electors of the town at

21  any time, provided that the purpose of such referendum is

22  presented to the town at a public hearing at least 60 days

23  prior to the adoption of said resolution. Any resolution

24  calling for a referendum vote of the electors of the town must

25  be passed by the affirmative vote of a majority of the full

26  council.

27         (2)  The electors of the town shall have the power to

28  require reconsideration by the council of any adopted

29  ordinance and, if the council fails to repeal an ordinance so

30  reconsidered, to approve or reject it at a town election,

31  provided that such power shall not extend to the annual budget

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  1  or capital program or any ordinance appropriating money,

  2  levying taxes or setting salaries of town officers or

  3  employees.

  4         2.  Commencement of proceedings.--Any 10 electors may

  5  commence initiative or referendum proceedings by filing with

  6  the clerk an affidavit stating that they shall constitute the

  7  petitioners' committee, hereinafter referred to as the

  8  "committee," and be responsible for circulating the petition

  9  and filing it in proper form stating their names and addresses

10  and specifying the address to which all notices to the

11  committee are to be sent, and setting out in full the proposed

12  initiative ordinance or citing the ordinance sought to be

13  reconsidered. Promptly after the affidavit of the committee

14  is filed, the clerk shall, at the committee's request, issue

15  the appropriate petition blanks to the committee at the

16  committee's expense.

17         3.  Petitions.--

18         a.  Initiative and referendum petitions must be signed

19  by electors of the town equal in number to at least 10 percent

20  of the total number of electors registered to vote in the last

21  regular town election and at least 10 percent of the total

22  number of electors in each of the four districts registered to

23  vote in the last regular town election.

24         b.  All papers of a petition shall be assembled as one

25  instrument of filing. Each signature shall be executed in ink

26  and shall be followed by the printed name and address of the

27  person signing. Petitions shall contain or have attached

28  thereto, throughout their circulation, the full text of the

29  ordinance proposed or sought to be reconsidered.

30         c.  Each paper of a petition shall have attached to it

31  when filed, an affidavit executed by the circulator thereof

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  1  stating that he or she personally circulated the paper, the

  2  number of signatures thereon, that all signatures were affixed

  3  in his or her presence, that he or she believes them to be the

  4  genuine signatures of the persons whose names they purport to

  5  be and that each signer had an opportunity before signing to

  6  read the full text of the ordinance proposed or sought to be

  7  reconsidered.

  8         d.  All initiative and referendum petitions must be

  9  filed within 60 days of the date on which proceedings with

10  respect to such initiative or referendum are commenced and all

11  requirements of the process, including, but not limited to,

12  the submission of the signatures required, must be completed

13  no later than 90 days following the date of filing of said

14  initiative or referendum petition.

15         4.  Procedure for filing.--

16         a.  Within 20 days after an initiative petition or a

17  referendum is filed, the clerk shall complete a certificate as

18  to its sufficiency, specifying, if it is insufficient, the

19  particulars wherein it is defective and shall promptly send a

20  copy of the certificate to the committee by registered mail.

21  Grounds for insufficiency are only those specifics in

22  subparagraph c. that are not met. A petition certified

23  insufficient for lack of the required number of valid

24  signatures may be amended once if the committee files a notice

25  of intent to amend it with the designated official within 2

26  business days after receiving the copy of the certificate and

27  files a supplementary petition upon additional papers within

28  10 days after receiving a copy of such certificate. Such

29  supplementary petition shall comply with original petition

30  requirements, and within 5 days after it is filed, the clerk

31  shall complete a certificate as to the sufficiency of the

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  1  petition as amended and promptly send a copy of such

  2  certificate to the committee by registered mail. If a petition

  3  or an amended petition is certified sufficient, or if a

  4  petition or amended petition is certified insufficient and the

  5  committee does not elect to amend or request the council to

  6  review under subparagraph b. within the time required, the

  7  clerk shall promptly present the certificate to the council

  8  and such certificate shall then be a final determination as to

  9  the sufficiency of the petition.

10         b.  The council review.--If a petition has been

11  certified insufficient and the committee does not file notice

12  of intent to amend it or if an amended petition has been

13  certified insufficient, the committee may, within 2 business

14  days after receiving the copy of such certificate, file a

15  request that it be reviewed by the council. The council shall

16  review the certificate at its next meeting following the

17  committee's filing of such request and approve or disapprove

18  it, and determination shall then be final as to the

19  sufficiency of the petition.

20         5.  Action on petitions.--

21         a.  Action by the council.--When an initiative or

22  referendum petition has been determined sufficient, the

23  council shall promptly consider the proposed initiative

24  ordinance or reconsider the referendum ordinance by voting its

25  repeal. The repeal of an ordinance relating to the levy of ad

26  valorem taxes shall be by ordinance. If the council fails to

27  adopt a proposed initiative ordinance without any change in

28  substance within 45 days or fails to repeal the referendum

29  ordinance within 30 days, or in the case of a referendum

30  authorized pursuant to sub-subparagraph 1.b.(1), within 5 days

31  after the date on which the petition is determined to be

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  1  sufficient, it shall submit the proposed initiative or

  2  referendum ordinance to the electors of the town. If the

  3  council fails to act on a proposed initiative ordinance or a

  4  referendum ordinance within the time period specified, the

  5  council shall be deemed to have failed to adopt the proposed

  6  initiative ordinance or failed to repeal the referendum

  7  ordinance on the last day that the council was authorized to

  8  act on such manner.

  9         b.  Submission to electors.--The vote of the town on a

10  proposed initiative or referendum ordinance shall be held not

11  less than 30 or more than 60 days from the date the council

12  acted, or was deemed to have acted pursuant to subparagraph

13  a., that the petition was determined sufficient. If no regular

14  election is to be held within the period described in this

15  paragraph, the council shall provide for a special election,

16  except that the council may, in its discretion, provide for a

17  special election at an earlier date than 60 days. Copies of

18  the proposed initiative or referendum ordinance shall be made

19  available at the polls.

20         c.  Withdrawal of petitions.--An initiative or

21  referendum petition may be withdrawn at anytime prior to the

22  15th day preceding the day scheduled for a vote of the

23  electors of the town by filing with the clerk a request for

24  withdrawal signed by at least eight members of the committee.

25  Upon the filing of such request, the petition shall have no

26  further force or effect and all proceedings thereon shall be

27  terminated.

28         6.  Results of election.--

29         a.  Initiative.--If a majority of the qualified

30  electors voting on a proposed initiative ordinance vote in its

31  favor, it shall be considered adopted upon certification of

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  1  the election results. If conflicting ordinances are approved

  2  at the same election, the one receiving the greatest number of

  3  affirmative votes shall prevail to the extent of such

  4  conflict.

  5         b.  If a majority of the qualified electors voting on a

  6  referendum ordinance vote against it, it shall be considered

  7  repealed upon certification of the election results.

  8         Section 9.  Transition schedule.--

  9         A.  REFERENDUM.--The referendum election called for by

10  this act shall be held on November 3, 1998, at which time the

11  following question shall be placed upon the ballot:

12

13         "SHALL CHAPTER ...., LAWS OF FLORIDA, CREATING THE TOWN

14  OF PONTE VEDRA BEACH AND PROVIDING ITS CHARTER BE APPROVED?"

15

16  In the event this question is answered affirmatively by a

17  majority of voters voting in the referendum, the provisions of

18  the charter will take effect as provided in section 15.

19         B.  INITIAL ELECTION OF COUNCIL MEMBERS.--

20         1.  Dates.--Following the adoption of the charter in

21  accordance with subsection A, the St. Johns County Commission

22  shall call a special election for the election of the five

23  council members to be held on Tuesday, March 9, 1999. In the

24  event no candidate for an office receives a majority of the

25  votes cast for said office, then a runoff election between the

26  two candidates receiving the most votes shall be held on

27  Tuesday, March 23, 1999.

28         2.  Qualifying period.--Between noon on Friday, January

29  29, 1999, and noon on Friday, February 12, 1999, any

30  individual who wishes to run for one of the five initial seats

31  on the council shall qualify as a candidate with the St. Johns

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  1  County Supervisor of Elections in accordance with the

  2  provisions of the charter and general law.

  3         3.  Certification of election results.--For the initial

  4  election, the St. Johns County Commission shall appoint a

  5  canvassing board which shall certify the results of the

  6  election.

  7         4.  Induction into office.--Those candidates who are

  8  elected on either Tuesday, March 9, 1999, or Tuesday, March

  9  23, 1999, shall take office at the initial council meeting,

10  which shall be held at 10 a.m. on Saturday, March 27, 1999, at

11  the Ponte Vedra Beach Public Library or at some other place

12  within the town limits as may be designated by the Chair of

13  the St. Johns County Commission.

14         5.  Initial terms of office.--After the initial

15  election of council members and mayor, the first regular town

16  election will be held in accordance with section 8D in the

17  year 2000. The initial council members from District 2 and

18  District 4 shall serve a term from Saturday, March 27, 1999,

19  to the third Thursday in November 2000, or until the results

20  of any necessary run-off elections are certified and any

21  run-off election winners are sworn in. The initial council

22  members from District 1 and District 3 and the mayor shall

23  serve a term from Saturday, March 27, 1999, to the third

24  Thursday in November 2002, or until the results of any

25  necessary run-off elections are certified and any run-off

26  election winners are sworn in.

27         C.  CREATION AND ESTABLISHMENT OF TOWN.--For the

28  purpose of compliance with s. 200.066, Florida Statutes,

29  relating to assessment and collection of ad valorem taxes, the

30  town is hereby created and established effective December 31,

31  1998. Notwithstanding anything to the contrary contained

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  1  herein, the town, although created and established as of

  2  December 31, 1998, shall not be operable until March 27, 1999.

  3         D.  FIRST YEAR EXPENSES.--The council, in order to

  4  provide moneys for the expenses and support of the town, shall

  5  have the power to borrow money necessary for the operation of

  6  the town government until such time as a budget is adopted and

  7  revenues are raised in accordance with the provisions of the

  8  charter.

  9         E.  COUNTY SERVICES DURING TRANSITION.--From and after

10  the effective date, during the transition period and until

11  such time as the council becomes operative, estimated to be

12  June 30, 1998, St. Johns County will continue to provide the

13  town with all of the same services as it does as of December

14  31, 1998.

15         F.  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The

16  council shall adopt ordinances and resolutions required to

17  effect the transition. Ordinances adopted within 60 days after

18  the first council meeting may be passed as emergency

19  ordinances. These transitional ordinances, passed as emergency

20  ordinances, shall be effective for no longer than 90 days

21  after adoption, and thereafter may be readopted, renewed, or

22  otherwise continued only in the manner normally prescribed for

23  ordinances.

24         G.  TRANSITIONAL COMPREHENSIVE PLAN AND LAND

25  DEVELOPMENT REGULATIONS.--

26         1.  Until such time as the town adopts a comprehensive

27  plan, the applicable provisions of the Comprehensive Plan of

28  St. Johns County, as the same exists on the day the town

29  commences corporate existence, shall remain in effect as the

30  town's comprehensive plan. Within 1 year after incorporation,

31  the town shall establish a local planning agency pursuant to

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  1  s. 163.3174, Florida Statutes, to prepare and adopt a

  2  comprehensive plan as required by s. 163.3174, Florida

  3  Statutes, within 3 years after the date of incorporation. The

  4  St. Johns County Comprehensive Plan shall be controlling until

  5  the town adopts a comprehensive plan in accordance with the

  6  provisions of s. 163.3174, Florida Statutes. All planning

  7  functions, duties, and authority shall thereafter be vested in

  8  the council which shall be deemed the local planning agency

  9  until and unless the council establishes a separate local

10  planning agency.

11         2.  Subject to the provisions of the St. Johns County

12  Comprehensive Plan, all powers and duties of the planning

13  commission, zoning authority, any boards of adjustment, and

14  the County Commission of St. Johns County shall be vested in

15  the council until such time as the council delegates all or a

16  portion thereof to another entity. The council shall abide by

17  the St. Johns County Comprehensive Plan until such time as the

18  town's comprehensive plan is adopted.

19         3.  Subsequent to the commencement of the town's

20  corporate existence, any amendment of the comprehensive plan

21  or land development regulations enacted by the St. Johns

22  County Commission shall be deemed as part of the town's

23  transitional land development regulations and shall take

24  effect within the town's corporate limits.

25         4.  For purposes of meeting provisions of s. 218.23(1),

26  Florida Statutes, the town shall levy ad valorem taxes,

27  exclusive of taxes levied for debt service or other special

28  millages authorized by voters, to produce the revenue

29  equivalent to a millage rate of 3 mills on the dollar based on

30  the 1998 taxable values of real estate as certified by the

31  property appraiser pursuant to s. 193.122(2), Florida

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  1  Statutes, or, in order to produce revenue equivalent to that

  2  which would otherwise be produced by such 3 mill ad valorem

  3  tax to have:

  4         (a)  Received a remittance from the county pursuant to

  5  general law;

  6         (b)  Collected an occupational license tax;

  7         (c)  Collected a utility tax;

  8         (d)  Levied an ad valorem tax;

  9         (e)  Received revenue from a combination of these four

10  sources; or

11         (f)  Any other municipal service special levies as may

12  be allowed by state law.

13         H.  STATE-SHARED REVENUES.--The town shall be entitled

14  to participate in all shared revenue programs of the State of

15  Florida effective immediately on the date of incorporation.

16  The provisions of s. 218.23(1)(a)-(c), Florida Statutes, as

17  the same pertains to financial reports and post audits, shall

18  be waived for the purpose of eligibility to receive revenue

19  sharing funds from the date of incorporation through the state

20  fiscal year 2000-2001. The town shall require that any law

21  enforcement and firefighters employed by the municipality meet

22  all state qualifications, training standards, and minimum

23  salaries as required by s. 218.23(1)(d) and (e), Florida

24  Statutes. Initial population estimates for calculating

25  eligibility for shared revenues shall be determined by the

26  University of Florida Bureau of Economic and Business

27  Research. Should the bureau be unable to provide an

28  appropriate population estimate, the St. Johns County Planning

29  Division estimate should be utilized.

30         I.  GAS TAX REVENUES.--Notwithstanding the requirements

31  of s. 336.025, Florida Statutes, to the contrary, the town

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  1  shall be entitled to receive a local option gas tax revenue

  2  beginning October 1, 1999, pursuant to s. 336.025(4)(b),

  3  Florida Statutes.

  4         Section 10.  Land use and zoning.--Whenever the town

  5  prescribes land use regulations or adopts zoning ordinances

  6  that impose restrictions which are more stringent than those

  7  in effect on the date of the town's incorporation, the town

  8  must grant, for each parcel that was for the 5 years preceding

  9  the date of the town's incorporation owned by the same person

10  or by his or her heirs or devisees, a variance that permits,

11  for a period of 10 years or for so long as the parcel remains

12  under the ownership of that person or his or her heirs or

13  devisees, whichever is longer, the same use of the parcel as

14  was permitted on the date of the town's incorporation and with

15  no greater restriction. Subsequent owners of such parcels who

16  are not heirs or devisees shall be granted the same variance

17  until the date which marks 10 years from the date of

18  incorporation.

19         Section 11.  Provision for interim municipal services;

20  continuation, merger, and dissolution of existing districts;

21  continuation and allocation of St. Johns County imposed taxes

22  to fund town operations.--

23         A.  PONTE VEDRA MUNICIPAL SERVICE DISTRICT.--Upon the

24  date the town becomes operable, the Ponte Vedra Municipal

25  Service District shall be dissolved. The town will assume any

26  indebtedness and receive title to all property owned by the

27  municipal service district, and will assume any liabilities

28  and other agreements made by the municipal service district.

29  The existing municipal service indebtedness, if any, shall be

30  allocated to the general fund and said debt shall be retired

31  by funds earmarked for general expenditures. The town may

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  1  contract for any of the services provided by the municipal

  2  service district prior to its dissolution.

  3         B.  PROVISION FOR INTERIM SERVICES.--Following

  4  appointment of the manager and attorney, the council may enter

  5  into a transition agreement with St. Johns County for the

  6  continuation of municipal services until replaced by

  7  alternative providers designated by the council. The

  8  transition agreement shall provide a manner in which the town

  9  will compensate St. Johns County for continuing to provide

10  those services. In connection with that transition agreement,

11  the council shall also adopt and revise as necessary a

12  schedule for the implementation of municipal services. In any

13  event, there shall be no abridgement of existing contracts for

14  services for those contracts in existence as of the date of

15  incorporation.

16         C.  ST. JOHNS COUNTY TAXES LEVIED WITHIN THE BOUNDARIES

17  OF THE TOWN TO PROVIDE FOR MUNICIPAL SERVICES.--In levying

18  taxes and fees for the 1999-2000 fiscal year, St. Johns County

19  shall separately identify all taxes and fees which it imposes

20  for countywide purposes and all taxes and fees it imposes to

21  provide municipal services to the unincorporated areas. If

22  services provided by St. Johns County serve both a municipal

23  and countywide purpose, an allocation of the cost of those

24  services between countywide and municipal government must be

25  made so that no countywide tax revenues are utilized to pay

26  for municipal services. In the event the town charter is

27  adopted, those municipal taxes and fees imposed by St. Johns

28  County to provide municipal services within the boundaries of

29  the town shall be prorated between St. Johns County and the

30  town using the date which the town becomes operable pursuant

31  to section 9C as the date the tax revenues belonged to the

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  1  town. To the extent the town is the beneficiary of those tax

  2  revenues, it will be deemed to have levied those taxes as town

  3  taxes. The transition agreement will provide for the payment

  4  to St. Johns County of such amounts as are necessary to

  5  compensate St. Johns County for providing transition municipal

  6  services.

  7         D.  POLICE.--The town may form its own police

  8  department or contract for same.

  9         E.  FIRE.--The town may form its own fire department or

10  contract for same. Upon withdrawal from the county fire

11  district, the town shall assume the assets and liabilities of

12  the fire district within the incorporated town limits.

13         F.  OTHER ESSENTIAL SERVICES.--All residents of the

14  town shall be entitled to all other essential services offered

15  by the town. The town may form its own departments for such

16  services or contract for same.

17         Section 12.  Land description.--The corporate

18  boundaries of the town shall be as follows:

19         A part of the Townships 3 and 4 South, Range 29

20         East, St. Johns County, Florida, bounded as

21         follows: On the East by the mean high water

22         line of the Atlantic Ocean; on the South by the

23         northern boundary of the Guana State Park as

24         described in Official Records 650, page 948 of

25         the Public Records of St. Johns County; on the

26         West by the centerline of the Intracoastal

27         Waterway; and on the North by the St. Johns

28         County Line.

29         Section 13.  General provisions.--

30         A.  CHARTER AMENDMENTS.--The charter may be amended in

31  accordance with the provisions for charter amendments as

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  1  specified in the Municipal Home Rule Powers Act, chapter 166,

  2  Florida Statutes, as the same may be amended from time to

  3  time, or its successor, or as may otherwise be provided by

  4  general law. The town council may, by ordinance, or the

  5  electors of the town may, by petition signed by 10 percent of

  6  the registered electors as of the last preceding town

  7  election, submit to the electors of the town a proposed

  8  amendment to the charter, which amendment may be to any part

  9  or to all of the charter except that part describing the

10  boundaries of the town. The town council shall place the

11  proposed amendment contained in the ordinance or petition to a

12  vote of the electors of the town at the next town election or

13  at a special election called for such purpose. The form,

14  content, and certification of any petition to amend shall be

15  established by ordinance.

16         B.  STANDARDS OF CONDUCT.--All elected officials and

17  employees of the town shall be subject to the standards of

18  conduct for public officers and employees set by general law.

19  In addition, the council shall, no later than 6 months from

20  the effective date of incorporation, establish by ordinance a

21  code of ethics for officials and employees of the town which

22  may be supplemental to general law, but in no case may such an

23  ordinance diminish the provisions of general law. The intent

24  of this provision of the charter is to require more stringent

25  standards than those provided under general law.

26         Section 14.  If any provision of this act, or the

27  application thereof to any person or circumstance, is held

28  invalid, the invalidity shall not affect other provisions or

29  applications of this act which can be given effect without the

30  invalid provision or application, and to this end the

31  provisions of this act are declared severable.

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  1         Section 15.  Unless otherwise specified herein, this

  2  act shall take effect upon becoming a law, subject to its

  3  approval by a majority vote of those qualified electors

  4  residing within the proposed corporate limits of the proposed

  5  Town of Ponte Vedra Beach as described in section 12, voting

  6  in a referendum election to be called by the St. Johns County

  7  Commission to be held on November 3, 1998, in accordance with

  8  the provisions of law relating to elections currently in

  9  force.

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