House Bill 4821e1
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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;
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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.
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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
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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;
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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
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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
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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.
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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.--
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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
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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
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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."
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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.
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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.--
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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?"
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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