House Bill 1419
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Florida House of Representatives - 1999 HB 1419
By Representative Sorensen
1 A bill to be entitled
2 An act relating to Monroe County; creating the
3 City of Marathon; providing legislative intent;
4 providing municipal boundaries and municipal
5 powers; providing a council-manager form of
6 government; providing for election of a city
7 council; providing for membership,
8 qualifications, terms, powers, and duties of
9 its members, including the mayor; providing for
10 a vice mayor; providing for payment of
11 expenses; providing general powers and duties;
12 providing circumstances resulting in vacancy in
13 office; 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
19 council members; providing that certain
20 interference with city employees shall
21 constitute malfeasance in office; providing
22 penalties; establishing the fiscal year;
23 providing for adoption of annual budget and
24 appropriation; providing for appropriations
25 amendments; providing limitations; providing
26 for appointment of charter officers, including
27 a city manager and city attorney; providing for
28 removal, compensation, and filling of
29 vacancies; providing qualifications, powers,
30 and duties; providing for nonpartisan elections
31 and for matters relative thereto; providing for
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1 recall; providing for initiatives and
2 referenda; providing the city a transition
3 schedule and procedures for first election;
4 providing for first-year expenses; providing
5 for adoption of transitional ordinances,
6 resolutions, comprehensive plan, and local
7 development regulations; providing for
8 accelerated entitlement to state shared
9 revenues; providing for gas tax revenue;
10 providing for transition agreement between
11 Monroe County and the City of Marathon;
12 providing land descriptions of the city;
13 providing for future amendments of the charter;
14 providing for standards of conduct in office;
15 providing for severability; providing for a
16 referendum approval; providing effective dates.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Short title.--This act, together with any
21 future amendments thereto, shall be known and may be cited as
22 the "City of Marathon Charter," hereinafter referred to as
23 "the charter."
24 Section 2. Legislative intent.--The Legislature finds
25 and declares that:
26 (1) The greater Marathon area in Monroe County
27 includes a compact and contiguous community of approximately
28 12,000 residents susceptible to urban services, and
29 constitutes a community amenable to separate municipal
30 government.
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1 (2) It is in the best interests of the public health,
2 safety, and welfare of the residents of the Marathon area to
3 form a separate municipality for the Marathon area with all
4 the powers and authority necessary to provide adequate and
5 efficient municipal services to its residents.
6 (3) It is intended that this charter and the
7 incorporation of the Marathon area shall serve to preserve and
8 protect the distinctive characteristics of the individual
9 communities within the boundaries of the City of Marathon.
10 Section 3. Incorporation of municipality; corporate
11 limits.--There is hereby created, effective November 30, 1999,
12 in Monroe County, a new municipality to be known as the City
13 of Marathon, which shall have a council-manager form of
14 government. The corporate boundaries of the City of Marathon,
15 hereinafter referred to as "the city," shall be as described
16 in section 10.
17 Section 4. Municipal powers.--The city shall be a body
18 corporate and politic and shall have all the powers of a
19 municipality under the State Constitution and laws of the
20 State of Florida, as fully and completely as though such
21 powers were specifically enumerated in this charter, unless
22 otherwise prohibited by or contrary to the provisions of this
23 charter. The city shall have all governmental, corporate, and
24 proprietary powers necessary to enable it to conduct municipal
25 government, perform municipal functions, and render municipal
26 services, and may exercise any power for municipal services
27 unless expressly prohibited by law. The powers of the city
28 shall be liberally construed in favor of the city.
29 Section 5. City council.--
30 (1) CITY COUNCIL; COMPOSITION; QUALIFICATIONS OF
31 COUNCIL MEMBERS.--
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1 (a) There shall be a five-member city council,
2 consisting of council members each elected from and
3 representing the city at large.
4 (b) There shall be five separate council seats to be
5 designated as Seat 1, Seat 2, Seat 3, Seat 4, and Seat 5.
6 Candidates must qualify for council elections by seat, and
7 council members elected to those seats shall hold Seats 1
8 through 5, respectively.
9 (c) To qualify for office:
10 1. Each candidate for the office of city council shall
11 be a registered voter in the State of Florida and a resident
12 of the city.
13 2. At the time of qualification, each candidate for a
14 council seat shall reside within the boundaries of the city
15 and, if elected, shall maintain such residency throughout his
16 or her term of office. For the initial election, following the
17 referendum approving the creating of the city, candidates for
18 office shall qualify as provided in paragraph (2) of section
19 9. Thereafter, candidates shall qualify as provided in
20 paragraph (3) of section 8.
21 (2) TERM OF OFFICE.--The term of office for council
22 members shall be 2 years. Each council member shall remain in
23 office until a successor is elected and assumes the duties of
24 the position, except as otherwise provided herein. No council
25 member shall serve more than three consecutive terms of
26 office.
27 (3) THE MAYOR; POWERS AND DUTIES.--
28 (a) The city council, at its first regular meeting
29 after the fourth Tuesday of each February, shall elect from
30 its membership a mayor and a vice mayor who shall serve at the
31 pleasure of the city council and who shall have the same
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1 legislative powers and duties as any other council member,
2 except as provided in paragraph (b).
3 (b) In addition to carrying out the regular duties
4 under paragraph (a), the mayor shall preside at the meetings
5 of the council and shall be recognized as the head of city
6 government for service of process, ceremonial matters, and the
7 signature or execution of ordinances, contracts, deeds, bonds,
8 and other instruments and documents. The mayor shall have no
9 administrative duties other than those necessary to accomplish
10 these actions, or such other actions as may be authorized by
11 the city council, consistent with general or special law.
12 (4) THE VICE MAYOR.--The vice mayor shall serve as
13 acting mayor during the absence or disability of the mayor. In
14 the absence of the mayor and the vice mayor, the remaining
15 council members shall select a council member to serve as
16 acting mayor.
17 (5) COMPENSATION AND EXPENSES.--City council members
18 shall not be compensated, but shall be entitled to receive
19 reimbursement in accordance with Florida Statutes for
20 authorized travel and per diem expenses incurred in the
21 performance of their official duties. The city council, by not
22 less than four affirmative votes, may elect to provide for
23 compensation by ordinance. However, no such ordinance
24 establishing compensation shall take effect until the date of
25 commencement of the terms of council members selected at the
26 next regular election which follows the adoption of said
27 ordinance.
28 (6) GENERAL POWERS AND DUTIES OF COUNCIL.--Except as
29 otherwise prescribed herein or provided by law, legislative
30 and police powers of the city shall be vested in the council.
31 The council shall provide for the exercise of its powers and
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1 for the performance of all duties and obligations imposed on
2 the city by law.
3 (7) VACANCIES; FORFEITURE OF OFFICE; SUSPENSION;
4 FILLING OF VACANCIES.--
5 (a) Vacancies.--A vacancy in the office of a council
6 member shall occur upon the death of the incumbent, removal
7 from office as authorized by law, resignation, appointment to
8 other public office which creates dual office holding,
9 judicially determined incompetency, or forfeiture of office as
10 described in paragraph (b).
11 (b) Forfeiture of office.--A council member shall
12 forfeit his or her office upon determination by the council,
13 acting as a body, at a duly noticed public meeting that he or
14 she:
15 1. Lacks at any time, or fails to maintain during his
16 or her term of office, any qualification for the office
17 prescribed by this charter or otherwise required by law;
18 2. Is convicted of a felony, or enters a plea of
19 guilty or nolo contendere to a crime punishable as a felony,
20 even if adjudication is withheld;
21 3. Is convicted of a first degree misdemeanor arising
22 directly out of his or her official conduct or duties, or
23 enters a plea of guilty or nolo contendere thereto, even if
24 adjudication of guilt has been withheld;
25 4. Is found to have violated any standard of conduct
26 or code of ethics established by law for public officials and
27 has been suspended from office by the Governor, unless
28 subsequently reinstated as provided by law; or
29 5. Is absent from three consecutive regular council
30 meetings without justifiable reason, or for any other reason
31 established in this charter.
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1 (c) Suspension from office.--A council member shall be
2 suspended from office upon return of an indictment or issuance
3 of any information charging the council member with any crime
4 which is punishable as a felony or with any crime arising out
5 of his or her official duties which is punishable as a first
6 degree misdemeanor. Pursuant thereto:
7 1. During the period of suspension, the council member
8 shall not perform any official act, duty, or function, or
9 receive any pay, allowance, emolument, or privilege of office.
10 2. If the council member is subsequently found not
11 guilty of the charge, or if the charge is otherwise dismissed,
12 reduced, or altered in such a manner that suspension would no
13 longer be required as provided herein, the suspension shall be
14 lifted and the council member shall be entitled to receive
15 full back pay and such other emoluments or allowances as he or
16 she would have been entitled to had the suspension not
17 occurred.
18 (d) Filling of vacancies.--
19 1. If a vacancy occurs in the office of mayor, the
20 vice mayor shall serve as mayor until a new mayor is elected
21 as provided in paragraph (3)(a) and assumes the duties of his
22 or her office.
23 2. If any vacancy occurs in the office of any council
24 member and the remainder of the unexpired term is less than 81
25 days, the remaining council members shall, within 30 days
26 following the occurrence of such vacancy, by majority vote,
27 appoint a person to fill the vacancy for the remainder of the
28 unexpired term. If, however, the remainder of the unexpired
29 term is 81 days or more, the remaining council members shall,
30 within 30 days following the occurrence of such vacancy, by
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1 majority vote, appoint a person to fill the vacancy until the
2 next regularly scheduled city election.
3 3. Any person appointed to fill a vacant seat on the
4 council shall be required to meet the qualifications of the
5 seat to which he or she is appointed.
6 (8) CITY COUNCIL MEETINGS.--The council shall conduct
7 regular meetings at such times and places as the council shall
8 prescribe by resolution. Such meetings shall be public
9 meetings within the meaning of s. 286.011, Florida Statutes,
10 and shall be subject to notice and other requirements of law
11 applicable to public meetings. Pursuant thereto:
12 (a) Special meetings may be held at the call of the
13 mayor or, in his or her absence, at the call of the vice
14 mayor. Special meetings may also be called upon the request of
15 a majority of the council members. Unless of an emergency
16 nature, the person or persons calling such a meeting shall
17 provide not less than 72 hours' prior notice of the meeting to
18 the public.
19 (b) Elected or reelected council members shall be
20 inducted into office at the first regularly scheduled meeting
21 following certification of their election.
22 (c) A majority of the council shall constitute a
23 quorum. No action of the council shall be valid unless adopted
24 by an affirmative vote of the majority of the council members
25 in attendance, unless otherwise provided by law. All actions
26 of the city council shall be by ordinance, resolution, or
27 motion.
28 (9) CITY RECORDS.--The council shall, in a properly
29 indexed book kept for the purpose, provide for the
30 authentication and recording in full of all minutes of
31 meetings, and all ordinances and resolutions adopted by the
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1 council, and the same shall at all times be a public record.
2 The council shall further maintain a current codification of
3 all ordinances. Such codification shall be printed and shall
4 be made available for distribution to the public on a
5 continuing basis. All ordinances or resolutions of the council
6 shall be signed by the mayor, or vice mayor in the absence or
7 disability of the mayor, or by the acting mayor in the absence
8 or disability of both the mayor and the vice mayor, and
9 attested to by the city clerk.
10 (10) ADOPTION OF CODES.--The council may adopt any
11 standard code of technical regulations by reference thereto in
12 an adopting ordinance and may amend the code in the adopting
13 ordinance or later amendatory ordinance. The procedures and
14 requirements governing such an adoption ordinance shall be
15 prescribed for ordinances generally, except that:
16 (a) Requirements regarding distributing and filing of
17 copies of the ordinance shall not be construed to require
18 distribution and filing of copies of the adopted code of
19 technical regulations, except as provided in paragraph (b).
20 (b) A copy of each adopted code of technical
21 regulations, as well as of the adoptive ordinance, shall be
22 authenticated and recorded by the city clerk.
23 (11) LIMITATION OF EMPLOYMENT OF COUNCIL MEMBERS.--No
24 council member shall be in the employment of the city while in
25 office, nor shall any former council member be employed by the
26 city until after the expiration of 1 year from the time of
27 leaving office.
28 (12) NONINTERFERENCE BY CITY COUNCIL.--Except for the
29 purposes of inquiry and information, the council and its
30 members, including committees thereof, are expressly
31 prohibited from interfering with the performance of the duties
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1 of any employee of the city government who is under the direct
2 or indirect supervision of the city manager or city attorney.
3 Such action shall be malfeasance within the meaning of s.
4 112.51, Florida Statutes, and shall be punishable as provided
5 in s. 112.317, Florida Statutes.
6 Section 6. Budget and appropriations.--
7 (1) FISCAL YEAR.--The city shall have a fiscal year
8 which shall begin on October 1 of each year and end on
9 September 30 of the succeeding year.
10 (2) BUDGET ADOPTION.--The council shall by resolution
11 adopt a budget on the 30th day of September of each year,
12 following a minimum of two public hearings on the proposed
13 budget. A resolution adopting the annual budget shall
14 constitute appropriation of the amounts specified therein as
15 expenditures from funds indicated.
16 (3) APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR.--
17 (a) Supplemental appropriations.--If, during the
18 fiscal year, revenues in excess of those estimated in the
19 budget are available for appropriation, the council by
20 resolution may make supplemental appropriations for the year
21 in an amount not to exceed such excess.
22 (b) Reduction of appropriations.--If, at any time
23 during the fiscal year, it appears probable to the city
24 manager that the revenues available will be insufficient to
25 meet the amount appropriated, the city manager shall report
26 same to the council without delay, indicating the estimated
27 amount of the deficit, any remedial action taken, and
28 recommendations as to any other steps that should be taken.
29 The council shall then take such further action as it deems
30 necessary to prevent or minimize any deficit and, for that
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1 purpose, the council may by resolution reduce one or more
2 appropriations accordingly.
3 (c) Limitations; effective date.--No appropriation for
4 debt service may be reduced or transferred, and no
5 appropriation may be reduced below any amount required by law
6 to be appropriated, or by more than the unencumbered balance
7 thereof. Other provisions of law to the contrary
8 notwithstanding, the supplemental and emergency appropriations
9 and reduction or transfer of appropriations authorized by this
10 section may be made effective immediately upon adoption.
11 Section 7. Charter officers.--
12 (1) DESIGNATION.--The city manager and the city
13 attorney are redesignated as charter officers, except that the
14 office of the city attorney may be contracted to an attorney
15 or law firm.
16 (2) APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF
17 VACANCIES.--
18 (a) The charter officers shall be appointed by a
19 majority vote of the full council and shall serve at the
20 pleasure of the council.
21 (b) The charter officers shall be removed from office
22 only by a majority vote of the full council. Upon demand by a
23 charter officer, a public hearing shall be held prior to such
24 removal.
25 (c) The compensation of the charter officers shall be
26 fixed by the city council.
27 (d) The city council shall begin the process to fill a
28 vacancy in a charter office within 90 days after the vacancy.
29 An acting city manager or an acting city attorney may be
30 appointed by the council during a vacancy in such charter
31 office.
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1 (e) A charter officer shall not be a candidate for
2 city council while holding his or her charter officer
3 position.
4 (3) CITY MANAGER.--The city manager shall be the chief
5 administrative officer of the city.
6 (a) Qualifications.--The city manager shall be
7 selected on the basis of experience, expertise, and management
8 ability as it pertains to running municipal government.
9 (b) Powers and duties.--The city manager shall:
10 1. As the chief administrative officer of the city,
11 direct and supervise the administration of all departments,
12 offices, and agencies of the city, except the offices of city
13 attorney, and except as otherwise provided by this charter or
14 by law.
15 2. Appoint, suspend, or remove any employee of the
16 city or appointive administrative officer provided for by or
17 under this charter, except the office of city attorney, and
18 except as may otherwise be provided by law, this charter, or
19 personnel rules adopted pursuant to the charter. The city
20 manager may authorize any administrative officer who is
21 subject to his or her direction and supervision to exercise
22 these powers with respect to subordinates in that officer's
23 department, office, or agency.
24 3. Ensure that all laws, provisions of this charter,
25 and acts of the council are faithfully executed.
26 4. Prepare and submit the annual budget and capital
27 program to the council in the form prescribed by ordinance.
28 5. Attend meetings of the city council.
29 6. Draw and sign vouchers upon depositories as
30 provided by ordinance, and keep or cause to be kept a true and
31 accurate account of same.
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1 7. Sign all licenses issued by the city, and issue
2 receipts for all moneys paid to the city, and deposit said
3 moneys in the proper depositories on the first banking day
4 after receipt. The city manager may delegate the
5 responsibilities of this subparagraph to an appropriate city
6 employee who shall be bonded.
7 8. Provide administrative services in support of the
8 office duties of the mayor and the council.
9 9. Keep the council advised as to the financial
10 condition and future needs of the city and make
11 recommendations to the council concerning the affairs of the
12 city.
13 10. Submit to the city, and make available to the
14 public, a complete report on finances and administrative
15 activities of the city as of the end of the fiscal year.
16 11. Sign contracts on behalf of the city to the extent
17 authorized by ordinance.
18 12. Perform such other duties as are specified in this
19 charter or as may be required by the council.
20 (4) CITY ATTORNEY.--The city attorney shall be the
21 chief legal officer of the city.
22 (a) Qualifications.--The city attorney shall be a
23 member of The Florida Bar in good standing.
24 (b) Powers and duties.--The city attorney:
25 1. Shall serve as chief legal advisor to the city
26 council, the charter officers, and all city departments,
27 offices, and agencies.
28 2. May hire such assistants as may be required, when
29 approved by the city council.
30 3. Shall attend city council meetings unless excused
31 by the city council, and shall perform such professional
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1 duties as may be required by law or by the council in
2 furtherance of the law.
3 4. Shall prepare an annual budget for the operation of
4 the office of the city attorney and shall submit this budget
5 to the city manager for inclusion in the annual city budget,
6 in accordance with uniform city procedures.
7 Section 8. Elections.--
8 (1) ELECTORS.--Any person who is a resident of the
9 city, who has qualified as an elector of this state and who
10 registers in the manner prescribed by law, shall be an elector
11 of the city.
12 (2) NONPARTISAN ELECTIONS.--All elections for the city
13 council members shall be conducted on a nonpartisan basis
14 without any designation of political party affiliation.
15 (3) QUALIFYING FOR OFFICE.--Any resident of the city
16 who wishes to become a candidate for a city elective office
17 shall qualify with the city clerk no sooner than noon on the
18 last Tuesday in December nor later than noon on the second
19 Tuesday in January of the year in which the election is to be
20 held.
21 (4) SCHEDULE FOR GENERAL ELECTIONS AND RUNOFFS.--The
22 regular city election shall be the second Tuesday in February
23 of each election year. Such city elections shall be general
24 city elections. In the event no candidate for an office
25 receives a majority of the votes cast for said office, then a
26 runoff election shall be held on the fourth Tuesday in
27 February.
28 (5) SCHEDULE FOR OTHER ELECTIONS.--
29 (a) An election to fill the remainder of an unexpired
30 term shall be held as provided in subsection (4).
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1 (b) Special municipal elections shall be held in the
2 same manner as regular elections, except that the city
3 council, by ordinance, shall fix the time for holding of such
4 elections.
5 (6) DETERMINATION OF ELECTION TO OFFICE.--If only one
6 candidate qualifies for an office, said candidate shall be
7 deemed to be elected. If two or more candidates qualify for an
8 office, the names of those candidates shall be placed on the
9 ballot at the general election. If no candidate for an office
10 receives a majority of the votes cast for said office, then
11 the two candidates for the office receiving the highest vote
12 in the general election shall run again in the runoff
13 election, provided that:
14 (a) If more than two candidates for an office receive
15 an equal and highest number of votes, the name of such
16 candidates shall be placed on the runoff election ballot.
17 (b) In any contest in which there is a tie for second
18 place, the name of the candidate placing first and the name of
19 each candidate tying for second shall be placed upon the
20 runoff election ballot. The candidate receiving the highest
21 number of votes cast for the office in the runoff election
22 shall be elected to such office. If the vote at the runoff
23 election results in a tie, the outcome shall be determined by
24 lot.
25 (7) CITY CANVASSING BOARD.--The city canvassing board
26 shall be composed of those members of the city council who are
27 not candidates for reelection and the city clerk, who shall
28 act as chairperson. At the close of the polls of any city
29 election, or as soon thereafter as practicable, the canvassing
30 board shall meet at a time and place designated by the
31 chairperson and shall proceed to publicly canvass the vote as
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1 shown by the returns then on file in the office of the city
2 clerk, and then shall publicly canvass the absentee elector
3 ballots. The canvassing board shall prepare and sign a
4 certificate containing the total number of votes cast for each
5 candidate or other measure voted upon. The certificate shall
6 be placed on file with the city clerk.
7 (8) RECALL OF CITY COUNCIL MEMBERS.--Any member of the
8 city council may be removed from office by the electors of the
9 city following the procedures for recall established by
10 general law.
11 (9) INITIATIVE AND REFERENDUM.--
12 (a) Power to initiate and reconsider ordinances.--
13 1. Initiative.--The electors of the city shall have
14 the power to propose ordinances to the city council and, if
15 the city council fails to adopt an ordinance so proposed
16 without any change in substance, to adopt or reject it at a
17 city election, provided that such power shall not extend to
18 the annual budget or capital program or any ordinance
19 appropriating money, levying taxes, or setting salaries of
20 city officers or employees.
21 2. Referendum.--
22 a. The city council shall have the power, by
23 resolution, to call for a referendum vote by the electors of
24 the city at any time, provided that the purpose of such
25 referendum is presented to the city at a public hearing at
26 least 60 days prior to the adoption of said resolution. Any
27 resolution call for a referendum vote of the electors of the
28 city must be passed by an affirmative vote of not less than
29 four members of the council.
30 b. The electors of the city shall have the power to
31 require reconsideration by the city council of any adopted
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1 ordinance and, if the city council fails to repeal an
2 ordinance so reconsidered, to approve or reject it at a city
3 election, provided that such power shall not extend to the
4 annual budget or capital program or any ordinance
5 appropriating money, levying taxes, or setting salaries of
6 city officers or employees.
7 c. Notwithstanding anything in sub-subparagraph 2.b.
8 to the contrary, the referendum power shall extend to any
9 ordinance levying ad valorem taxes, provided that the
10 ordinance increases the total city tax rate above 5 mills and
11 that all petitions with respect to the referendum are filed
12 within 30 days after the date of adoption of the ordinance.
13 (b) Commencement of proceedings.--Any 10 electors may
14 commence initiative or referendum proceedings by filing with
15 the city clerk an affidavit stating that they shall constitute
16 the petitioner's committee and be responsible for circulating
17 the petition and filing it in proper form, stating their names
18 and addresses and specifying the address to which all notices
19 to the committee are to be sent, and setting out in full the
20 proposed initiative ordinance or citing the ordinance sought
21 to be reconsidered. Promptly after the affidavit of the
22 petitioner's committee is filed, the city clerk may, at the
23 committee's request, issue the appropriate petition blanks to
24 the petitioner's committee at the committee's expense.
25 (c) Petitions.--
26 1. Initiative and referendum petitions must be signed
27 by electors of the city equal in number to at least 10 percent
28 of the total number of electors registered to vote in the last
29 regular city election.
30 2. All papers of a petition shall be assembled as one
31 instrument of filing. Each signature shall be executed in ink
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1 and shall be followed by the printed name and address of the
2 person signing. Petitions shall contain or have attached
3 thereto throughout their circulation the full test of the
4 ordinance proposed or sought to be reconsidered.
5 3. Each paper of a petition shall have attached to it,
6 when filed, an affidavit executed by the circulator thereof
7 stating that he or she personally circulated the paper, the
8 number of signatures thereon, that all signatures were affixed
9 in his or her presence, that he or she believes them to be the
10 genuine signatures of the persons whose names they purport to
11 be, and that each signer had an opportunity before signing to
12 read the full text of the ordinance proposed or sought to be
13 reconsidered.
14 4. Except as otherwise provided in sub-subparagraph
15 (a)2.b., all initiative and referendum petitions must be filed
16 within 60 days after the date on which proceedings with
17 respect to such initiative or referendum are commenced, and
18 all requirements of the process, including, but not limited
19 to, the submission of the signatures required, must be
20 completed no later than 90 days following the date of filing
21 said initiative or referendum petition.
22 (d) Procedure for filing.--
23 1. Within 20 days after an initiative petition or a
24 referendum petition is filed, the city clerk shall complete a
25 certificate as to its sufficiency, specifying, if it is
26 insufficient, the particulars wherein it is defective, and
27 shall promptly send a copy of the certificate to the
28 petitioner's committee by registered mail. Grounds for
29 insufficiency are only those specifics in subparagraph (c)3.
30 that are not met. A petition certified insufficient for lack
31 of the required number of valid signatures may be amended once
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1 if the petitioner's committee files a notice of intent to
2 amend it with the designated official within 2 business days
3 after receiving the copy of the certificate and files a
4 supplementary petition upon additional papers within 10 days
5 after receiving the copy of such certificate. Such
6 supplementary petition shall comply with original petition
7 requirements and, within 5 days after it is filed, the city
8 clerk shall complete a certificate as to the sufficiency of
9 the petition as amended and promptly send a copy of such
10 certificate to the petitioner's committee by registered mail.
11 If a petition or an amended petition is certified sufficient,
12 or if a petition or amended petition is certified insufficient
13 and the petitioner's committee does not elect to amend or
14 request the city council review under subparagraph 2. within
15 the time required, the city clerk shall promptly present a
16 certificate to the city council and such certificate shall
17 then be a final determination as to the sufficiency of the
18 petition.
19 2. The city council review.--If a petition has been
20 certified insufficient and the petitioner's committee does not
21 file notice of intent to amend it or if an amended petition
22 has been certified insufficient, the committee may, within 2
23 business days after receiving the copy of such certificate,
24 file a request that it be reviewed by the city council. The
25 city council shall review the certificate at its next meeting
26 following the city council's filing of such request and
27 approve or disapprove it, and determination shall then be
28 final as to the sufficiency of the petition.
29 (e) Action on petitions.--
30 1. Action by city council.--When an initiative or
31 referendum petition has been determined sufficient, the city
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1 council shall promptly consider the proposed initiative
2 ordinance, or reconsider the referendum ordinance by voting
3 its repeal. The repeal of an ordinance relating to the levy of
4 ad valorem taxes shall be by ordinance. If the city council
5 fails to adopt a proposed initiative ordinance without any
6 change in substance within 45 days or fails to repeal the
7 referendum ordinance within 30 days or, in the case of a
8 referendum authorized pursuant to sub-subparagraph (a)2.c.,
9 within 5 days after the date on which the petition is
10 determined to be sufficient, it shall submit the proposed
11 initiative or referendum ordinance to the electors of the
12 city. If the city council fails to act on a proposed
13 initiative ordinance or a referendum ordinance within the time
14 period specified, the city council shall be deemed to have
15 failed to adopt the proposed initiative ordinance, or failed
16 to repeal the referendum ordinance on the last day that the
17 city council was authorized to act on such matter.
18 2. Submission to electors.--The vote of the city on a
19 proposed initiative or referendum ordinance shall be held not
20 less than 30 or more than 60 days from the date the city
21 council acted or was deemed to have acted pursuant to
22 subparagraph 1., that the petition was determined sufficient.
23 If no regular election is to be held within the period
24 described in this paragraph, the city council shall provide
25 for a special election, except that the city council may, in
26 its discretion, provide for a special election at an earlier
27 date within the described period. Copies of the proposed
28 initiative or referendum ordinance shall be made available at
29 the polls.
30 3. Withdrawal of petitions.--An initiative or
31 referendum petition may be withdrawn at any time prior to the
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1 15th day preceding the day scheduled for a vote of the city by
2 filing with the city clerk a request for withdrawal signed by
3 at least eight members of the petitioner's committee. Upon the
4 filing of such request, the petition shall have no further
5 force or effect and all proceedings thereon shall be
6 terminated.
7 (f) Results of election.--
8 1. If a majority of the qualified electors voting on a
9 proposed initiative ordinance vote in its favor, it shall be
10 considered adopted upon certification of the election results.
11 If conflicting ordinances are approved at the same election,
12 the one receiving the greatest number of affirmative votes
13 shall prevail to the extent of such conflict.
14 2. If a majority of the qualified electors voting on a
15 referendum ordinance vote against it, it shall be considered
16 repealed upon certification of the election results.
17 Section 9. Transition schedule.--
18 (1) REFERENDUM.--The referendum election called for by
19 this act shall be held on November 2, 1999, at which time the
20 following question shall be placed upon the ballot: "SHALL
21 CHAPTER 99- , LAWS OF FLORIDA, CREATING THE CITY OF MARATHON
22 AND PROVIDING ITS CHARTER BE APPROVED? YES/NO." In the event
23 this question is answered affirmatively by a majority of
24 voters voting in the referendum, the provisions of this
25 charter shall take effect as provided in section 13.
26 (2) INITIAL ELECTION OF COUNCIL MEMBERS.--
27 (a) Dates.--Following the adoption of this charter in
28 accordance with subsection (1), the Monroe County Commission
29 shall call a special election for the election of the five
30 city council members to be held on February 8, 2000. In the
31 event no candidate for an office receives a majority of the
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1 votes cast for said office, then a runoff election shall be
2 held on February 22, 2000.
3 (b) Qualifying period.--Between noon on December 20,
4 1999, and noon on January 11, 2000, any individual who wishes
5 to run for one of the five initial seats on the council shall
6 qualify as a candidate with the Monroe County Supervisor of
7 Elections in accordance with the provisions of this charter
8 and general law.
9 (c) Certification of election results.--For the
10 initial election, the Monroe County Commission shall appoint a
11 canvassing board which shall certify the results of the
12 election.
13 (d) Induction into office.--Those candidates who are
14 elected on February 8, 2000, and February 22, 2000, shall take
15 office at the initial city council meeting, which shall be
16 held at 7 p.m., on February 24, 2000, at the Marathon Public
17 Library.
18 (e) Initial terms of office.--In order to provide for
19 staggering terms of office, the initial term of office for
20 those three council candidates receiving the highest number of
21 votes in the initial election shall be 2 years, and for the
22 remaining elected candidates, the initial term of office shall
23 be 1 year.
24 (3) CREATION AND ESTABLISHMENT OF CITY.--For the
25 purpose of compliance with s. 200.066, Florida Statutes,
26 relating to assessment and collection of ad valorem taxes, the
27 city is hereby created and established effective November 30,
28 1999. Notwithstanding anything to the contrary contained
29 herein, the city, although created and established as of
30 November 30, 1999, shall not be operational until February 24,
31 2000.
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1 (4) FIRST-YEAR EXPENSES.--The city council, in order
2 to provide moneys for the expenses and support of the city,
3 shall have the power to borrow money necessary for the
4 operation of city government until such time as a budget is
5 adopted and revenues are raised in accordance with the
6 provisions of this charter.
7 (5) TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The city
8 council shall adopt ordinances and resolutions required to
9 effect the transition. Ordinances adopted within 60 days after
10 the first council meeting may be passed as emergency
11 ordinances. These transitional ordinances, passed as emergency
12 ordinances, shall be effective for no longer than 90 days
13 after adoption, and thereafter may be readopted, renewed, or
14 otherwise continued only in the manner normally prescribed for
15 ordinances.
16 (6) TRANSITIONAL COMPREHENSIVE PLAN AND LAND
17 DEVELOPMENT REGULATIONS.--
18 (a) Until such time as the city adopts a comprehensive
19 plan, the applicable provisions of the Comprehensive Plan of
20 Monroe County, as the same exists on the day the city
21 commences corporate existence, shall remain in effect as the
22 city's transitional comprehensive plan. However, all planning
23 functions, duties, and authority shall thereafter be vested in
24 the City Council of Marathon which shall be deemed the local
25 planning agency until and unless the council establishes a
26 separate local planning agency. Prior to the adoption of a
27 city comprehensive master plan, any amendment to any zoning as
28 established in the current county land use plan shall only be
29 by an ordinance adopted by the affirmative vote of not less
30 than four members of the council. Any increase in the
31 residential density or intensity, as established in the
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1 current county land use plan which is adopted by the city
2 shall only be by an ordinance adopted by the affirmative vote
3 of not less than four members of the council.
4 (b) All powers and duties of the planning commission,
5 zoning authority, any boards of adjustment, and the County
6 Commission of Monroe County, as set forth in these
7 transitional zoning and land use regulations, shall be vested
8 in the City Council of Marathon until such time as the city
9 council delegates all or a portion thereof to another entity.
10 (c) Subsequent to the commencement of the city's
11 corporate existence, no amendment of the comprehensive plan or
12 land development regulations enacted by the Monroe County
13 Commission shall be deemed as an amendment of the city's
14 transitional comprehensive plan or land development
15 regulations or otherwise take effect within the city's
16 corporate limits unless approved by the city council.
17 (7) STATE SHARED REVENUES.--The City of Marathon shall
18 be entitled to participate in all shared revenue programs of
19 the State of Florida effective immediately on the date of
20 incorporation. The provisions of s. 218.23(1), Florida
21 Statutes, shall be waived for the purpose of eligibility to
22 receive revenue sharing funds from the date of incorporation
23 through the state fiscal year 1999-2000. Section 218.26(3),
24 Florida Statutes, is waived for the state fiscal year
25 1999-2000, and the apportionment factors for the
26 municipalities and counties shall be recalculated pursuant to
27 s. 218.245, Florida Statutes. Initial population estimates for
28 calculating eligibility for shared revenues shall be
29 determined by the University of Florida Bureau of Economic and
30 Business Research. Should the bureau be unable to provide an
31
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1 appropriate population estimate, the Monroe County Planning
2 Division estimate shall be utilized.
3 (8) GAS TAX REVENUES.--Notwithstanding the
4 requirements of s. 336.025, Florida Statutes, to the contrary,
5 the City of Marathon shall be entitled to receive local option
6 gas tax revenues beginning October 1, 1999.
7 Section 10. Land description.--The corporate
8 boundaries of the city shall be as follows: from the East end
9 of the Seven Mile Bridge (approximately Mile Marker 47) to the
10 West end of the Tom's Harbor Bridge (approximately Mile Marker
11 60), including, but not limited to, the entire islands of
12 Knight Key; Hog Key; Vaca Key; Stirrup Key; Boot Key; Crawl
13 Key; East Sister's Island; West Sister's Island; Fat Deer Key;
14 Long Point Key; Deer Key; Little Deer Key; Little Crawl Key;
15 Grassy Key; the unincorporated areas of Monroe County commonly
16 known as Marathon and Coco Plum; all land filled in between
17 the islands, including all islands connected by U.S. 1,
18 Overseas Highway and roadways connecting thereto; and all
19 adjacent islands not connected by roadways within the
20 boundaries of Monroe County between Mile Marker 47 and Mile
21 Marker 60, specifically excluding all areas within the
22 boundaries of the City of Key Colony Beach, all of the above
23 being within the boundaries of Monroe County, Florida.
24 Section 11. General provisions.--
25 (1) CHARTER AMENDMENTS.--This charter may be amended
26 in accordance with the provisions for charter amendments as
27 specified in the Municipal Home Rule Powers Act, chapter 166,
28 Florida Statutes, as the same may be amended from time to
29 time, or its successor, or as may otherwise be provided by
30 general law. The form, content, and certification of any
31 petition to amend shall be established by ordinance.
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1 (2) STANDARDS OF CONDUCT.--All elected officials and
2 employees of the city shall be subject to the standards of
3 conduct for public officers and employees set by general law.
4 In addition, the city council shall, no later than 6 months
5 from the effective date of incorporation, establish by
6 ordinance a code of ethics for officials and employees of the
7 city which may be supplemental to general law, but in no case
8 may such an ordinance diminish the provisions of general law.
9 The intent of this provision of the charter is to require more
10 stringent standards than those provided under general law.
11 Section 12. If any provision of this act, or the
12 application thereof to any person or circumstance, is held
13 invalid, the invalidity shall not affect other provisions or
14 applications of this act which can be given effect within the
15 invalid provision or application, and to this end the
16 provisions of this act are declared severable.
17 Section 13. This act shall take effect only upon its
18 approval by a majority vote of those qualified electors
19 residing within the proposed corporate limits of the proposed
20 City of Marathon, as described in section 10, voting in a
21 referendum election to be called by the Monroe County
22 Commission and to be held on November 2, 1999, in accordance
23 with the provisions of law relating to elections currently in
24 force, except this section shall take effect upon becoming a
25 law.
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