House Bill 4821e1

CODING: Words stricken are deletions; words underlined are additions.







                                          HB 4821, First Engrossed



  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;


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  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 a transition agreement between St. Johns

  9         County and Town of Ponte Vedra Beach; providing

10         for interim municipal services; providing for

11         disposition of existing special districts;

12         providing for the grandfathering in of existing

13         land uses and zoning for certain property

14         owners; providing land descriptions of the

15         town; providing for future amendments of the

16         charter; providing for standards of conduct in

17         office; providing for severability; providing

18         for a referendum; providing an effective date.

19

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

21

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

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

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

25  as "the charter."

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

27  finds and declares that the Ponte Vedre Beach area in St.

28  Johns County includes a compact and contiguous community of

29  approximately 25,000 residents susceptible to urban services,

30  and constitutes a community amenable to separate municipal

31  government.


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         Section 3.  Incorporation of municipality; corporate

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

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

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

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

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

  7  as described in section 12.

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

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

10  municipality under the Constitution and laws of the State of

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

12  specifically enumerated in the charter, unless otherwise

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

14  The town shall have all governmental, corporate, and

15  proprietary powers to enable it to conduct municipal

16  government, perform municipal functions, and render municipal

17  services, and may exercise any power for municipal services

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

19  shall be liberally construed in favor of the town.

20         Section 5.  Town council.--

21         A.  COUNCIL; COMPOSITION; QUALIFICATIONS OF COUNCIL

22  MEMBERS.--

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

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

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

26  council members must reside in the district they represent,

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

28  designated as mayor.

29         2.  The districts' geographical boundaries are:

30         District 1:

31


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         Beginning at a point where Ponte Vedra Lakes

  2         Boulevard intersects the boundary of St. Johns

  3         County and Duval County; thence southerly and

  4         easterly on Ponte Vedra Lakes Boulevard to the

  5         power lines; thence southerly along the power

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

  7         State Road 210A; thence easterly along Solana

  8         Road to the intersection of State Road 210A and

  9         A1A North; thence southerly along A1A North to

10         Thousand Oaks Boulevard; thence westerly and

11         northerly along Thousand Oaks Boulevard to

12         Palmera Drive; thence northerly along Palmera

13         Drive to Alta Mar Drive; thence west along Alta

14         Mar Drive to TPC Boulevard; thence northerly

15         and westerly along TPC Boulevard to Solana

16         Road; thence westerly along State Road 210A to

17         the intersection of State Road 210A and North

18         Roscoe Boulevard; thence westerly from said

19         intersection along an extension of State Road

20         210A to the centerline of the Intracoastal

21         Waterway; thence northerly along the

22         Intracoastal Waterway to a point where the

23         centerline of the channel of the Intracoastal

24         Waterway intersects the boundary of St. Johns

25         County and Duval County; thence easterly along

26         the St. Johns County boundary to the point of

27         beginning.

28         District 2:

29         Beginning at the intersection of the shores of

30         the Atlantic Ocean and the boundary line

31         between St. Johns County and Duval County;


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         thence southerly along the shores of the

  2         Atlantic Ocean to the easterly extension of

  3         Mickler's Cutoff; thence along said extension

  4         to the intersection of County Road 203 and

  5         Mickler's Cutoff Road; thence northerly and

  6         westerly along the boundary of the Ponte Vedra

  7         Municipal Service District (hereinafter

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

  9         Leon Boulevard, also known as State Road A1A;

10         thence northerly along Ponce de Leon Boulevard

11         to Solana Road; thence west on Solana Road to

12         the Power Lines; thence northerly along the

13         power lines to Ponte Vedra Lakes Boulevard;

14         thence northwesterly along Ponte Vedra Lakes

15         Boulevard to the boundary of St. Johns County;

16         thence easterly along the boundary between St.

17         Johns County and Duval County to the point of

18         beginning.

19         District 3:

20         Beginning at the intersection of TPC Boulevard

21         and Alta Mar Drive; thence southerly and

22         easterly along TPC Boulevard to Highway A1A

23         North; thence south on Highway A1A to the

24         intersection of Mickler's Cutoff; thence

25         easterly along Mickler's Cutoff to the

26         intersection with the western boundary of the

27         Ponte Vedra MSD; thence northerly and westerly

28         along the boundary of the Ponte Vedra MSD;

29         thence southerly on A1A North to the

30         intersection of Thousand Oaks Boulevard; thence

31         westerly and northerly along Thousand Oaks


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         Boulevard to Palmera Drive; thence northerly

  2         along Palmera Drive to Alta Mar Drive; thence

  3         west along Alta Mar Drive to the point of

  4         beginning.

  5         District 4:

  6         Beginning at the intersection of TPC Boulevard

  7         and Solana Road; thence southerly and easterly

  8         along TPC Boulevard to Highway A1A North;

  9         thence southerly along A1A North to the

10         intersection of A1A North and Mickler's Cutoff

11         Road; thence easterly along an extension of

12         Mickler's Cutoff Road to the shores of the

13         Atlantic Ocean; thence southerly along the

14         shores of the Atlantic Ocean to an extension of

15         the southern boundary of the Ponte Vedra MSD;

16         thence westerly along said extension to the

17         intersection with the boundary of the Guana

18         State Park; thence following the boundary of

19         the Guana State Park to the center of the

20         Intracoastal Waterway; thence northerly along

21         the center of the Intracoastal Waterway to the

22         westerly extension of Solana Road; thence

23         easterly along Solana Road to the point of

24         beginning.

25         District 5:

26         At-Large Mayoral/Council Seat comprising the

27         entire Town.

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

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

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

31


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1  redivide the town into four districts of contiguous territory

  2  as nearly equal in population as possible.

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

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

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

  6  members must qualify for council positions by district and the

  7  council members elected to those seats shall hold seats 1

  8  through 5 respectively.

  9         5.  To qualify for office:

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

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

12  town.

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

14  council seat shall reside within the boundaries of the town

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

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

17  resident of the district they represent during their

18  incumbency. For the initial election, following the referendum

19  approving the creating of the town, candidates for office

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

21  candidates shall qualify as provided in section 8C.

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

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

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

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

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

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

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

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

30  the same legislative powers and duties as any other council

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


                                  7

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

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

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

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

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

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

  8  however, the mayor shall have no administrative duties other

  9  than those necessary to accomplish the actions delineated

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

11  council, consistent with general or special law.

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

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

14  entitled to receive reimbursement in accordance with Florida

15  Statutes for authorized travel and per diem expenses incurred

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

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

18  may elect to provide for an increase in compensation by

19  ordinance. However, no such ordinance establishing or

20  increasing compensation shall take effect until the date of

21  commencement of the terms of council members elected at the

22  next regular election which follows the adoption of said

23  ordinance.

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

25  otherwise prescribed herein or provided by law, legislative

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

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

28  for the performance of all duties and obligations imposed on

29  the town by law.

30         F.  VACANCIES; FORFEITURE OF OFFICE; SUSPENSION;

31  FILLING OF VACANCIES.--


                                  8

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

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

  4  other public office which creates dual office holding,

  5  judicially determined incompetency, or forfeiture of office as

  6  described in paragraph 2.

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

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

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

10  she:

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

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

13  prescribed by the charter or otherwise provided by law;

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

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

16         c.  Is convicted of a first degree misdemeanor arising

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

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

19  adjudication of guilt has been withheld;

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

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

22  has been suspended from office by the Governor, unless

23  subsequently reinstated as provided by law; or

24         e.  Is absent from two consecutive regular council

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

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

27  charter.

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

29  suspended from office upon return of an indictment or issuance

30  of any information charging the council member with any crime

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


                                  9

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

  2  degree misdemeanor. In furtherance thereof:

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

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

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

  6         b.  If the council member is subsequently found not

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

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

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

10  lifted and the council member shall be entitled to receive

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

12  she would have been entitled to had the suspension not

13  occurred.

14         4.  Filling of vacancies.--

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

16  council shall appoint from its members by majority vote an

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

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

19  member, including any vacancy resulting from a council member

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

21  remaining council members shall, within 30 days following the

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

23  to fill the vacancy until the next general election.

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

25  council shall be required to meet the qualifications of the

26  seat to which he or she is appointed.

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

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

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

30  the council shall prescribe by resolution. Such meetings shall

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


                                  10

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1  Statutes, and shall be subject to notice and other

  2  requirements of law applicable to public meetings. Pursuant

  3  thereto:

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

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

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

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

  8  an emergency nature, the person or persons calling such

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

10  the meeting to the public.

11         2.  Elected or reelected council members shall be

12  inducted into office at the first regularly scheduled meeting

13  following certification of their election.

14         3.  A majority of the council shall constitute a

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

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

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

18  by ordinance, resolution, or motion.

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

20  indexed book kept for the purpose, provide for the

21  authentication and recording in full of all minutes of

22  meetings and all ordinances and resolutions adopted by the

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

24  The council shall further maintain a current codification of

25  all ordinances. Such codification shall be printed and shall

26  be made available for distribution to the public on a

27  continuing basis. All ordinances or resolutions of the council

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

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

30  selected by the town manager, hereinafter referred to as

31  "manager."


                                  11

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

  2  standard code of technical regulations by reference thereto in

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

  4  ordinance or later amendatory ordinance. The procedures and

  5  requirements governing such an adoption ordinance shall be

  6  prescribed for ordinances generally, except that:

  7         1.  Requirements regarding distribution and filing of

  8  copies of the ordinance shall not be construed to require

  9  distribution and filing of copies of the adopted code of

10  technical regulations, except as provided in paragraph 2.

11         2.  A copy of each adopted code of technical

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

13  authenticated and recorded by the clerk.

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

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

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

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

18  year from the time of leaving office.

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

20  purposes of inquiry and information, the council and its

21  members including committees thereof, are expressly prohibited

22  from interfering with the performance of the duties of any

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

24  supervision of the manager or town attorney, hereinafter

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

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

27  112.51, Florida Statutes.

28         Section 6.  Budget and appropriations.--

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

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

31  September 30 of the succeeding year.


                                  12

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

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

  4  hearings on the proposed budget. A resolution adopting the

  5  annual budget shall constitute appropriation of the amounts

  6  specified therein as expenditures from funds indicated.

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

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

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

10  available for appropriation, the council by resolution may

11  make supplemental appropriations for the year in an amount not

12  to exceed such excess.

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

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

15  that the revenues available will be insufficient to meet the

16  amount appropriated, the manager shall report same to the

17  council without delay, indicating the estimated amount of the

18  deficit, any remedial action taken and recommendations as to

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

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

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

22  resolution reduce one or more appropriations accordingly.

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

24  debt service may be reduced or transferred, and no

25  appropriation may be reduced below any amount required by law

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

27  thereof. Other provisions of law to the contrary

28  notwithstanding, the supplemental and emergency appropriations

29  and reduction or transfer of appropriations authorized by this

30  section may be made effective immediately upon adoption.

31         Section 7.  Charter officers.--


                                  13

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

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

  4         B.  APPOINTMENT; REMOVAL COMPENSATION; FILLING OF

  5  VACANCIES.--

  6         1.  The charter officers shall be appointed by a

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

  8  of the council.

  9         2.  The charter officers shall be removed from office

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

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

12  prior to such removal.

13         3.  The compensation of the charter officers shall be

14  fixed by the council.

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

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

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

18  the council during a vacancy in such charter office.

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

20  council while holding their charter position.

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

22  administrative officer of the town.

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

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

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

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

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

28  on the basis of professional training, executive and

29  administrative experience, and qualifications. The town

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

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


                                  14

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

  3  maintain residency within the county during the tenure of

  4  office and shall not engage in any other business or

  5  occupation without the express approval of the town council.

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

  7  of the town council.

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

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

10  direct and supervise the administration of all departments,

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

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

13  by law.

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

15  town or appointive administrative officer provided for, by or

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

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

18  or personnel rules adopted pursuant to the charter. The

19  manager may authorize any administrative officer who is

20  subject to his or her discretion and supervision to exercise

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

22  department, office, or agency.

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

24  acts of the council are faithfully executed.

25         d.  Prepare and submit the annual operating budget and

26  the capital expenditures program to the council in the form

27  prescribed by ordinance.

28         e.  Attend meetings of the council.

29         f.  Draw and sign vouchers upon depositories as

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

31  and accurate account of same.


                                  15

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

  3  moneys in the proper depositories on the first banking day

  4  after receipt. The manager may delegate the responsibilities

  5  of this subparagraph to an appropriate town employee who shall

  6  be bonded.

  7         h.  Provide administrative services in support of the

  8  official duties of the mayor and the council.

  9         i.  Keep the council advised as to the financial

10  condition and future needs of the town and make

11  recommendations to the council concerning the affairs of the

12  town.

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

14  public, a complete report on finances and administrative

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

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

17  authorized by ordinance.

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

19  charter or as may be required by the council.

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

21  legal officer of the town.

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

23  member of The Florida Bar in good standing.

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

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

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

27  agencies.

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

29  approved by the council.

30

31


                                  16

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         c.  Shall attend council meetings unless excused by the

  2  council and shall perform such professional duties as may be

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

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

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

  6  manager for inclusion in the annual town budget in accordance

  7  with uniform town procedures.

  8         Section 8.  Elections.--

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

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

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

12  of the town.

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

14  council members shall be conducted on a nonpartisan basis

15  without any designation of political party affiliation.

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

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

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

19  proof of qualification, as described in the applicable

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

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

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

23  of qualification includes:

24         1.  Proof of current address.

25         2.  A petition for the candidate with signatures of

26  Ponte Vedra Beach registered voters totaling not less than 25

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

28         D.  SCHEDULE FOR STAGGERED TOWN ELECTIONS AND

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

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

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


                                  17

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

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

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

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

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

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

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

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

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

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

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

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

14  elections shall be held in the same manner as regular

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

16  the time for the holding of such elections.

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

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

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

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

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

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

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

24  the two candidates for the office receiving the highest vote

25  in the general election shall run again in the runoff

26  election, provided that:

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

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

29  candidates shall be placed on the runoff election ballot.

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

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


                                  18

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

  2  runoff election ballot. The candidate receiving the highest

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

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

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

  6  lot.

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

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

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

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

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

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

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

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

15  clerk, and then shall publicly canvass the absentee elector

16  ballots. The canvassing board shall prepare and sign a

17  certificate containing the total number of votes cast for each

18  candidate or other measure voted upon. The certificate shall

19  be placed on file with the clerk.

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

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

22  the electors of the town following the procedures for recall

23  established by general law.

24         I.  INITIATIVE AND REFERENDUM.--

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

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

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

28  council fails to adopt an ordinance so proposed without any

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

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

31  or capital program or any ordinance appropriating money,


                                  19

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1  levying taxes, or setting salaries of town officers or

  2  employees.

  3         b.  Referendum.--

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

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

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

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

  8  prior to the adoption of said resolution. Any resolution

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

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

11  council.

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

13  require reconsideration by the council of any adopted

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

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

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

17  or capital program or any ordinance appropriating money,

18  levying taxes or setting salaries of town officers or

19  employees.

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

21  commence initiative or referendum proceedings by filing with

22  the clerk an affidavit stating that they shall constitute the

23  petitioners' committee, hereinafter referred to as the

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

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

26  and specifying the address to which all notices to the

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

28  initiative ordinance or citing the ordinance sought to be

29  reconsidered. Promptly after the affidavit of the committee

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

31


                                  20

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1  the appropriate petition blanks to the committee at the

  2  committee's expense.

  3         3.  Petitions.--

  4         a.  Initiative and referendum petitions must be signed

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

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

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

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

  9  vote in the last regular town election.

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

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

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

13  person signing. Petitions shall contain or have attached

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

15  ordinance proposed or sought to be reconsidered.

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

17  when filed, an affidavit executed by the circulator thereof

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

19  number of signatures thereon, that all signatures were affixed

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

21  genuine signatures of the persons whose names they purport to

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

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

24  reconsidered.

25         d.  All initiative and referendum petitions must be

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

27  respect to such initiative or referendum are commenced and all

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

29  the submission of the signatures required, must be completed

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

31  initiative or referendum petition.


                                  21

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         4.  Procedure for filing.--

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

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

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

  5  particulars wherein it is defective and shall promptly send a

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

  7  Grounds for insufficiency are only those specifics in

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

  9  insufficient for lack of the required number of valid

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

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

12  business days after receiving the copy of the certificate and

13  files a supplementary petition upon additional papers within

14  10 days after receiving a copy of such certificate. Such

15  supplementary petition shall comply with original petition

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

17  shall complete a certificate as to the sufficiency of the

18  petition as amended and promptly send a copy of such

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

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

21  petition or amended petition is certified insufficient and the

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

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

24  clerk shall promptly present the certificate to the council

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

26  the sufficiency of the petition.

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

28  certified insufficient and the committee does not file notice

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

30  certified insufficient, the committee may, within 2 business

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


                                  22

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

  2  review the certificate at its next meeting following the

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

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

  5  sufficiency of the petition.

  6         5.  Action on petitions.--

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

  8  referendum petition has been determined sufficient, the

  9  council shall promptly consider the proposed initiative

10  ordinance or reconsider the referendum ordinance by voting its

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

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

13  adopt a proposed initiative ordinance without any change in

14  substance within 45 days or fails to repeal the referendum

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

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

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

18  sufficient, it shall submit the proposed initiative or

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

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

21  referendum ordinance within the time period specified, the

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

23  initiative ordinance or failed to repeal the referendum

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

25  act on such manner.

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

27  proposed initiative or referendum ordinance shall be held not

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

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

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

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


                                  23

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

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

  4  the proposed initiative or referendum ordinance shall be made

  5  available at the polls.

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

  7  referendum petition may be withdrawn at anytime prior to the

  8  15th day preceding the day scheduled for a vote of the

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

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

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

12  further force or effect and all proceedings thereon shall be

13  terminated.

14         6.  Results of election.--

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

16  electors voting on a proposed initiative ordinance vote in its

17  favor, it shall be considered adopted upon certification of

18  the election results. If conflicting ordinances are approved

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

20  affirmative votes shall prevail to the extent of such

21  conflict.

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

23  referendum ordinance vote against it, it shall be considered

24  repealed upon certification of the election results.

25         Section 9.  Transition schedule.--

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

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

28  following question shall be placed upon the ballot:

29

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

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


                                  24

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1

  2  In the event this question is answered affirmatively by a

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

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

  5         B.  INITIAL ELECTION OF COUNCIL MEMBERS.--

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

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

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

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

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

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

12  two candidates receiving the most votes shall be held on

13  Tuesday, March 23, 1999.

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

15  29, 1999, and noon on Friday, February 12, 1999, any

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

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

18  County Supervisor of Elections in accordance with the

19  provisions of the charter and general law.

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

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

22  canvassing board which shall certify the results of the

23  election.

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

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

26  23, 1999, shall take office at the initial council meeting,

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

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

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

30  the St. Johns County Commission.

31


                                  25

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

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

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

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

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

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

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

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

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

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

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

13  election winners are sworn in.

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

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

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

17  town is hereby created and established effective December 31,

18  1998. Notwithstanding anything to the contrary contained

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

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

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

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

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

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

25  revenues are raised in accordance with the provisions of the

26  charter.

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

28  the effective date, during the transition period and until

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

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

31


                                  26

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

  2  31, 1998.

  3         F.  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The

  4  council shall adopt ordinances and resolutions required to

  5  effect the transition. Ordinances adopted within 60 days after

  6  the first council meeting may be passed as emergency

  7  ordinances. These transitional ordinances, passed as emergency

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

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

10  otherwise continued only in the manner normally prescribed for

11  ordinances.

12         G.  TRANSITIONAL COMPREHENSIVE PLAN AND LAND

13  DEVELOPMENT REGULATIONS.--

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

15  plan, the applicable provisions of the Comprehensive Plan of

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

17  commences corporate existence, shall remain in effect as the

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

19  the town shall establish a local planning agency pursuant to

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

21  comprehensive plan as required by s. 163.3174, Florida

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

23  St. Johns County Comprehensive Plan shall be controlling until

24  the town adopts a comprehensive plan in accordance with the

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

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

27  the council which shall be deemed the local planning agency

28  until and unless the council establishes a separate local

29  planning agency.

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

31  Comprehensive Plan, all powers and duties of the planning


                                  27

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

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

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

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

  6  town's comprehensive plan is adopted.

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

  8  corporate existence, any amendment of the comprehensive plan

  9  or land development regulations enacted by the St. Johns

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

11  transitional land development regulations and shall take

12  effect within the town's corporate limits.

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

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

15  exclusive of taxes levied for debt service or other special

16  millages authorized by voters, to produce the revenue

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

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

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

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

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

22  tax to have:

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

24  general law;

25         (b)  Collected an occupational license tax;

26         (c)  Collected a utility tax;

27         (d)  Levied an ad valorem tax;

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

29  sources; or

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

31  be allowed by state law.


                                  28

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

  2  prescribes land use regulations or adopts zoning ordinances

  3  that impose restrictions which are more stringent than those

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

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

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

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

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

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

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

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

12  no greater restriction. Subsequent owners of such parcels who

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

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

15  incorporation.

16         Section 11.  Provision for interim municipal services;

17  continuation, merger, and dissolution of existing districts;

18  continuation and allocation of St. Johns County imposed taxes

19  to fund town operations.--

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

21  date the town becomes operable, the Ponte Vedra Municipal

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

23  indebtedness and receive title to all property owned by the

24  municipal service district, and will assume any liabilities

25  and other agreements made by the municipal service district.

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

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

28  by funds earmarked for general expenditures. The town may

29  contract for any of the services provided by the municipal

30  service district prior to its dissolution.

31


                                  29

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         B.  PROVISION FOR INTERIM SERVICES.--Following

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

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

  4  continuation of municipal services until replaced by

  5  alternative providers designated by the council. The

  6  transition agreement shall provide a manner in which the town

  7  will compensate St. Johns County for continuing to provide

  8  those services. In connection with that transition agreement,

  9  the council shall also adopt and revise as necessary a

10  schedule for the implementation of municipal services. In any

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

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

13  incorporation.

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

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

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

17  shall separately identify all taxes and fees which it imposes

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

19  provide municipal services to the unincorporated areas. If

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

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

22  services between countywide and municipal government must be

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

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

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

26  County to provide municipal services within the boundaries of

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

28  town using the date which the town becomes operable pursuant

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

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

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


                                  30

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1  taxes. The transition agreement will provide for the payment

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

  3  compensate St. Johns County for providing transition municipal

  4  services.

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

  6  department or contract for same.

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

  8  contract for same. Upon withdrawal from the county fire

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

10  the fire district within the incorporated town limits.

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

12  town shall be entitled to all other essential services offered

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

14  services or contract for same.

15         Section 12.  Land description.--The corporate

16  boundaries of the town shall be as follows:

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

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

19         follows: On the East by the mean high water

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

21         northern boundary of the Guana State Park as

22         described in Official Records 650, page 948 of

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

24         West by the centerline of the Intracoastal

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

26         County Line.

27         Section 13.  PALM VALLEY - PART ONE

28

29         Begin at a point on the center line of the

30         Intracoastal Waterway, which point intersects

31         with the westerly prolongation of the northerly


                                  31

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         line of Big Cypress Subdivision as recorded in

  2         MB 5 page 74 of public record of St. Johns

  3         County, Florida, thence easterly along said

  4         northerly line and its westerly prolongation to

  5         the northeast corner of said Big Cypress

  6         Subdivision, thence southerly along the

  7         easterly line of said Subdivision and its

  8         prolongation to the northerly line of Palm

  9         Valley Gardens Unit 4 as recorded in MB 5 page

10         71 of public records, thence easterly along

11         said northerly line to the northeast corner of

12         said Subdivision, thence southerly along the

13         easterly line of said Subdivision and the

14         easterly line of Palm Valley Gardens Unit 3 as

15         recorded in MB 5 page 66 of public records of

16         said county, to its intersection with the

17         northerly line of Palm Valley Gardens Unit 6,

18         as recorded in MB 5 page 73 of public records

19         of said county, thence easterly along said

20         northerly line to the northeast corner of said

21         subdivision, thence southerly along the

22         easterly line of said subdivision to a point

23         where it intersects the northerly line of Lot

24         39 of said subdivision, thence northeasterly

25         along the said northerly Lot line to its

26         intersection with the southeast corner of lands

27         described in OR Book 700 page 101, said point

28         being on the southeasterly line of Section 39,

29         Township 4 South, Range 29 East by possession,

30         thence northeasterly along said easterly line

31         to its point of intersection with the


                                  32

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         southwesterly corner of lands described as

  2         Parcel "B" in OR 1252 pages 1401 through 1416,

  3         thence easterly, northerly and easterly along

  4         the southerly and easterly boundary of said

  5         Parcel "B" to its intersection with the

  6         northwesterly right of way line of County Road

  7         No. C-210 (Old Palm Valley Road), thence

  8         northerly along said northwesterly right of way

  9         to a point that intersects with the

10         northwesterly prolongation of the northerly

11         line of the lands to Sheetz described in OR 652

12         page 2026, thence southeasterly, crossing

13         CR-210, along the prolongation and said

14         northerly line to the most easterly corner of

15         OR652 page 2026, thence southeasterly to the

16         most southerly corner of OR652 page 2026,

17         thence northwesterly along the southerly line

18         of OR652 page 2026 to its intersection with the

19         northeasterly corner of lands described in

20         OR1214 page 862, thence southerly along

21         easterly line of said lands and the easterly

22         line of lands in OR1083 page 1056 to the

23         southeasterly corner of OR1083 page 1056,

24         thence westerly along southerly line of OR1083

25         page 1056 to the northeast corner of OR993 page

26         187, thence southerly along east line of OR993

27         page 187 to the southeast corner thereof,

28         thence easterly along the south line of lands

29         described as Parcel A in OR1252 page 1401, also

30         being the south line of GL 2 Section 4 Township

31         4 South Range 29 East by possession, to the


                                  33

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         southeast corner of said GL 2 by possession,

  2         thence southerly along the easterly line of

  3         Section 4 Township 4 South Range 29 East by

  4         possession, to its intersection with the

  5         northerly line of Glen Eagles Subdivision as

  6         recorded in MB19 pages 97 through 99, thence

  7         westerly along said northerly line to the

  8         northwest corner of said Subdivision, thence

  9         south along the westerly line of said

10         Subdivision and its southerly prolongation to

11         its intersection with the northerly line of

12         Azalea Point at Ponte Vedra Unit 3 as recorded

13         in MB27 pages 76 through 80, thence westerly,

14         southerly, southwesterly and westerly along the

15         northerly line of said Subdivision to its

16         intersection with the easterly right of way

17         line of CR210, thence southerly along said

18         easterly right of way and the westerly line of

19         said Azalea Point at Ponte Vedra Unit 3 to the

20         southwest corner of said subdivision, thence

21         easterly, northerly and easterly along the

22         boundaries of said subdivision to its

23         intersection with the southwest corner of Lot

24         21 of Pool Villas Unit 3 as recorded in Map

25         Book 24 pages 20 through 23, thence continue

26         easterly along the southerly line of Lots 21,

27         20 and 19 of said subdivision to the

28         intersection with the westerly line of Lot 18

29         of said subdivision, thence southerly along the

30         westerly line of said subdivision and its

31         southerly prolongation to its intersection with


                                  34

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         the northerly line of Lot 110 of Azalea Point

  2         Unit II B as recorded in Map Book 26 pages 26

  3         through 28, thence westerly, southerly and

  4         easterly along the boundary of said subdivision

  5         to its intersection with the northwest corner

  6         of Old Palm Valley Unit II as recorded in Map

  7         Book 26 pages 58 through 61, thence southerly,

  8         westerly and southwesterly to the point of

  9         intersection with the northeast corner of Tract

10         "A", Old Palm Valley Unit I, as recorded in Map

11         Book 26 pages 29 through 33, thence westerly

12         along the northerly line of said subdivision to

13         its intersection with the easterly right of way

14         line of CR-210, thence southerly along said

15         easterly line to the southwest corner of Old

16         Palm Valley Unit I, thence easterly along the

17         southerly line of said subdivision to its point

18         of intersection with the easterly line of

19         Section 9, Township 4 south, Range 29 east,

20         thence southerly along said easterly line to

21         the southeast corner of Section 9, thence

22         westerly along the southerly line of Section 9

23         and crossing CR-210, to the point of

24         intersection of Sections 9, 16 and 42, all of

25         Township 4 south, Range 29 east, also being the

26         southeast corner of lands described in OR 941

27         page 1177, thence northwesterly along the

28         easterly line of said lands and continuing

29         northwesterly along the lands described in OR

30         864 page 985 to an intersection with the north

31         line of said Section 42, also being the South


                                  35

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         line of Palm Valley Gardens Unit Five as

  2         recorded in Map Book 5 page 72, thence westerly

  3         along the southerly line of Palm Valley Gardens

  4         Unit 5 to the northeast corner of Palm Valley

  5         Woods Estates as recorded in MB13 page 28,

  6         thence southerly along the easterly line of

  7         Palm Valley Woods Estates and continuing

  8         southerly along easterly lines of lands

  9         described in OR225 page 245 and continuing

10         southerly along easterly line of lands

11         described in OR279 page 303 to the southeast

12         corner thereof, thence Westerly along the

13         southerly line of OR279 page 303 to its

14         intersection with the easterly line of Palm

15         Valley Gardens Unit 2 as recorded in MB5 page

16         65, thence southerly along said easterly line

17         of Palm Valley Gardens Unit 2 to its

18         intersection with the north line of Section 49

19         Township 4 South Range 29 East, thence easterly

20         along the north line of said Section 49 to the

21         northeast corner thereof, thence south along

22         the easterly line of said Section 49 to the

23         southeast corner thereof, thence westerly along

24         south line of said Section 49 to its

25         intersection with the northeast corner of

26         Section 51 Township 4 South Range 29 East, said

27         point also being the northwest corner of

28         Section 54 Township 4 South Range 29 East,

29         thence southerly along the east line of said

30         Section 51 to its intersection with the

31         easterly right of way line of CR210A (aka South


                                  36

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         Roscoe Blvd), thence southerly along said right

  2         of way line to its intersection with the

  3         northerly right of way line of CR210, thence

  4         crossing said right of way line, continue

  5         southerly along the easterly right of way line

  6         of a county road known as South Roscoe Blvd

  7         Extension, to a point of intersection with the

  8         easterly prolongation of the southerly line of

  9         lands described as Parcel B in OR1283 page

10         1073, thence westerly along said southerly line

11         of said lands and its westerly prolongation to

12         its intersection with the centerline of the

13         Intracoastal Waterway, thence northerly along

14         said centerline to the point of beginning.

15

16         PALM VALLEY - PART TWO

17

18         Begin at a point on the south line Section 15

19         Township 4 south Range 29 east where it

20         intersects the easterly right of way line of

21         CR210, thence easterly along south line of said

22         section 15 to the southeast corner of

23         Government Lot 3 of said section, thence

24         northerly along the east line of said

25         Government Lot 3 to its intersection with the

26         southerly line of Micklers Road, thence

27         southwesterly along said right of way line to

28         its intersection with the easterly right of way

29         line of CR210, thence southerly along CR210 to

30         the point of beginning.

31


                                  37

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         PALM VALLEY - PART THREE

  2

  3         Begin at the southeast corner of Seaside at

  4         Ponte Vedra Unit 3, a subdivision as recorded

  5         in Map Book 28 page 56 of the public records of

  6         St. Johns County, Florida, thence northerly

  7         along the easterly line of said subdivision to

  8         a point of intersection with the northwesterly

  9         corner of the lands to Mickler, as described in

10         Official Record Book 397 page 284, thence

11         easterly along the northerly line of said lands

12         to the northwest corner of the lands to Caines,

13         as described in Official Records Book 71 page

14         473, thence continue easterly along the

15         northerly line of said lands to the northwest

16         corner of lands to Lee as described in Official

17         Records Book 1164 page 614, thence continue

18         easterly along the northerly line to the

19         northeast corner of said lands, thence

20         southerly along the easterly line of said lands

21         and its southerly prolongation to the southerly

22         right of way line of Mickler Road, thence

23         easterly along the south line of road to its

24         intersection with the northwest corner of Guana

25         State Park, as described in Official Records

26         650 page 948 of the Public Records of St. Johns

27         County, thence southerly along the boundary of

28         Guana State Park to its intersection with the

29         south line of Section 47, Township 4 South

30         Range 29 East, thence westerly along said south

31         line to its intersection with the boundary of


                                  38

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



  1         Guana State Park, thence continue westerly and

  2         northerly with said boundary to its

  3         intersection with the southerly right of way

  4         line Mickler Road, thence northerly crossing

  5         Mickler Road to a point on the south line of

  6         Seaside at Ponte Vedra Unit 3, thence easterly

  7         along the south line of said subdivision to the

  8         point of beginning.

  9         Section 14.  General provisions.--

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

11  accordance with the provisions for charter amendments as

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

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

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

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

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

17  the registered electors as of the last preceding town

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

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

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

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

22  proposed amendment contained in the ordinance or petition to a

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

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

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

26  established by ordinance.

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

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

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

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

31  the effective date of incorporation, establish by ordinance a


                                  39

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4821, First Engrossed



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

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

  3  ordinance diminish the provisions of general law. The intent

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

  5  standards than those provided under general law.

  6         Section 15.  If any provision of this act, or the

  7  application thereof to any person or circumstance, is held

  8  invalid, the invalidity shall not affect other provisions or

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

10  invalid provision or application, and to this end the

11  provisions of this act are declared severable.

12         Except for this section, which takes effect upon

13  becoming law, this act shall take effect upon approval by a

14  majority vote of those qualified electors residing within the

15  proposed corporate limits of the proposed Town of Ponte Vedre

16  as described in section 12 or a majority vote of the qualified

17  electors, excluding the electors in the Palm Valley area, as

18  described in section 13, voting in a referendum election to be

19  called by the St. Johns County Commission to be held November

20  3, 1998, in accordance with the provisions of law relating to

21  elections currently in force.  If a majority of the Palm

22  Valley electors, participating in said referendum, vote

23  against incorporation, the Palm Valley area shall not be

24  included in any town limits ratified by said referendum nor

25  are their votes counted in favor of incorporation.

26

27

28

29

30

31


                                  40