Senate Bill 2622e2
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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 a solid waste
10 collection plan; providing for gas tax revenue;
11 providing for transition agreement between
12 Monroe County and the City of Marathon;
13 providing land descriptions of the city;
14 providing for future amendments of the charter;
15 providing for standards of conduct in office;
16 providing for the City of Marathon to receive
17 infrastructure surtax revenues; providing for
18 severability; providing for a referendum
19 approval; providing effective dates.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Short title.--This act, together with any
24 future amendments thereto, shall be known and may be cited as
25 the "City of Marathon Charter," hereinafter referred to as
26 "the charter."
27 Section 2. Legislative intent.--The Legislature finds
28 and declares that:
29 (1) The greater Marathon area in Monroe County
30 includes a compact and contiguous community of approximately
31 12,000 residents susceptible to urban services, and
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1 constitutes a community amenable to separate municipal
2 government.
3 (2) It is in the best interests of the public health,
4 safety, and welfare of the residents of the Marathon area to
5 form a separate municipality for the Marathon area with all
6 the powers and authority necessary to provide adequate and
7 efficient municipal services to its residents.
8 (3) It is intended that this charter and the
9 incorporation of the Marathon area shall serve to preserve and
10 protect the distinctive characteristics of the individual
11 communities within the boundaries of the City of Marathon.
12 Section 3. Incorporation of municipality; corporate
13 limits.--There is hereby created, effective November 30, 1999,
14 in Monroe County, a new municipality to be known as the City
15 of Marathon, which shall have a council-manager form of
16 government. The corporate boundaries of the City of Marathon,
17 hereinafter referred to as "the city," shall be as described
18 in section 10.
19 Section 4. Municipal powers.--The city shall be a body
20 corporate and politic and shall have all the powers of a
21 municipality under the State Constitution and laws of the
22 State of Florida, as fully and completely as though such
23 powers were specifically enumerated in this charter, unless
24 otherwise prohibited by or contrary to the provisions of this
25 charter. The city shall have all governmental, corporate, and
26 proprietary powers necessary to enable it to conduct municipal
27 government, perform municipal functions, and render municipal
28 services, and may exercise any power for municipal services
29 unless expressly prohibited by law. The powers of the city
30 shall be liberally construed in favor of the city.
31 Section 5. City council.--
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1 (1) CITY COUNCIL; COMPOSITION; QUALIFICATIONS OF
2 COUNCIL MEMBERS.--
3 (a) There shall be a five-member city council,
4 consisting of council members each elected from and
5 representing the city at large.
6 (b) There shall be five separate council seats to be
7 designated as Seat 1, Seat 2, Seat 3, Seat 4, and Seat 5.
8 Candidates must qualify for council elections by seat, and
9 council members elected to those seats shall hold Seats 1
10 through 5, respectively.
11 (c) To qualify for office:
12 1. Each candidate for the office of city council shall
13 be a registered voter in the State of Florida and a resident
14 of the city.
15 2. At the time of qualification, each candidate for a
16 council seat shall reside within the boundaries of the city
17 and, if elected, shall maintain such residency throughout his
18 or her term of office. For the initial election, following the
19 referendum approving the creating of the city, candidates for
20 office shall qualify as provided in paragraph (2) of section
21 9. Thereafter, candidates shall qualify as provided in
22 paragraph (3) of section 8.
23 (2) TERM OF OFFICE.--The term of office for council
24 members shall be 2 years. Each council member shall remain in
25 office until a successor is elected and assumes the duties of
26 the position, except as otherwise provided herein. No council
27 member shall serve more than three consecutive terms of
28 office.
29 (3) THE MAYOR; POWERS AND DUTIES.--
30 (a) The city council, at its first regular meeting
31 after the fourth Tuesday of each February, shall elect from
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1 its membership a mayor and a vice mayor who shall serve at the
2 pleasure of the city council and who shall have the same
3 legislative powers and duties as any other council member,
4 except as provided in paragraph (b).
5 (b) In addition to carrying out the regular duties
6 under paragraph (a), the mayor shall preside at the meetings
7 of the council and shall be recognized as the head of city
8 government for service of process, ceremonial matters, and the
9 signature or execution of ordinances, contracts, deeds, bonds,
10 and other instruments and documents. The mayor shall have no
11 administrative duties other than those necessary to accomplish
12 these actions, or such other actions as may be authorized by
13 the city council, consistent with general or special law.
14 (4) THE VICE MAYOR.--The vice mayor shall serve as
15 acting mayor during the absence or disability of the mayor. In
16 the absence of the mayor and the vice mayor, the remaining
17 council members shall select a council member to serve as
18 acting mayor.
19 (5) COMPENSATION AND EXPENSES.--City council members
20 shall not be compensated, but shall be entitled to receive
21 reimbursement in accordance with Florida Statutes for
22 authorized travel and per diem expenses incurred in the
23 performance of their official duties. The city council, by not
24 less than four affirmative votes, may elect to provide for
25 compensation by ordinance. However, no such ordinance
26 establishing compensation shall take effect until the date of
27 commencement of the terms of council members selected at the
28 next regular election which follows the adoption of said
29 ordinance.
30 (6) GENERAL POWERS AND DUTIES OF COUNCIL.--Except as
31 otherwise prescribed herein or provided by law, legislative
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1 and police powers of the city shall be vested in the council.
2 The council shall provide for the exercise of its powers and
3 for the performance of all duties and obligations imposed on
4 the city by law.
5 (7) VACANCIES; FORFEITURE OF OFFICE; SUSPENSION;
6 FILLING OF VACANCIES.--
7 (a) Vacancies.--A vacancy in the office of a council
8 member shall occur upon the death of the incumbent, removal
9 from office as authorized by law, resignation, appointment to
10 other public office which creates dual office holding,
11 judicially determined incompetency, or forfeiture of office as
12 described in paragraph (b).
13 (b) Forfeiture of office.--A council member shall
14 forfeit his or her office upon determination by the council,
15 acting as a body, at a duly noticed public meeting that he or
16 she:
17 1. Lacks at any time, or fails to maintain during his
18 or her term of office, any qualification for the office
19 prescribed by this charter or otherwise required by law;
20 2. Is convicted of a felony, or enters a plea of
21 guilty or nolo contendere to a crime punishable as a felony,
22 even if adjudication is withheld;
23 3. Is convicted of a first degree misdemeanor arising
24 directly out of his or her official conduct or duties, or
25 enters a plea of guilty or nolo contendere thereto, even if
26 adjudication of guilt has been withheld;
27 4. Is found to have violated any standard of conduct
28 or code of ethics established by law for public officials and
29 has been suspended from office by the Governor, unless
30 subsequently reinstated as provided by law; or
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1 5. Is absent from three consecutive regular council
2 meetings without justifiable reason, or for any other reason
3 established in this charter.
4 (c) Suspension from office.--A council member shall be
5 suspended from office upon return of an indictment or issuance
6 of any information charging the council member with any crime
7 which is punishable as a felony or with any crime arising out
8 of his or her official duties which is punishable as a first
9 degree misdemeanor. Pursuant thereto:
10 1. During the period of suspension, the council member
11 shall not perform any official act, duty, or function, or
12 receive any pay, allowance, emolument, or privilege of office.
13 2. If the council member is subsequently found not
14 guilty of the charge, or if the charge is otherwise dismissed,
15 reduced, or altered in such a manner that suspension would no
16 longer be required as provided herein, the suspension shall be
17 lifted and the council member shall be entitled to receive
18 full back pay and such other emoluments or allowances as he or
19 she would have been entitled to had the suspension not
20 occurred.
21 (d) Filling of vacancies.--
22 1. If a vacancy occurs in the office of mayor, the
23 vice mayor shall serve as mayor until a new mayor is elected
24 as provided in paragraph (3)(a) and assumes the duties of his
25 or her office.
26 2. If any vacancy occurs in the office of any council
27 member and the remainder of the unexpired term is less than 81
28 days, the remaining council members shall, within 30 days
29 following the occurrence of such vacancy, by majority vote,
30 appoint a person to fill the vacancy for the remainder of the
31 unexpired term. If, however, the remainder of the unexpired
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1 term is 81 days or more, the remaining council members shall,
2 within 30 days following the occurrence of such vacancy, by
3 majority vote, appoint a person to fill the vacancy until the
4 next regularly scheduled city election.
5 3. Any person appointed to fill a vacant seat on the
6 council shall be required to meet the qualifications of the
7 seat to which he or she is appointed.
8 (8) CITY COUNCIL MEETINGS.--The council shall conduct
9 regular meetings at such times and places as the council shall
10 prescribe by resolution. Such meetings shall be public
11 meetings within the meaning of s. 286.011, Florida Statutes,
12 and shall be subject to notice and other requirements of law
13 applicable to public meetings. Pursuant thereto:
14 (a) Special meetings may be held at the call of the
15 mayor or, in his or her absence, at the call of the vice
16 mayor. Special meetings may also be called upon the request of
17 a majority of the council members. Unless of an emergency
18 nature, the person or persons calling such a meeting shall
19 provide not less than 72 hours' prior notice of the meeting to
20 the public.
21 (b) Elected or reelected council members shall be
22 inducted into office at the first regularly scheduled meeting
23 following certification of their election.
24 (c) A majority of the council shall constitute a
25 quorum. No action of the council shall be valid unless adopted
26 by an affirmative vote of the majority of the council members
27 in attendance, unless otherwise provided by law. All actions
28 of the city council shall be by ordinance, resolution, or
29 motion.
30 (9) CITY RECORDS.--The council shall, in a properly
31 indexed book kept for the purpose, provide for the
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1 authentication and recording in full of all minutes of
2 meetings, and all ordinances and resolutions adopted by the
3 council, and the same shall at all times be a public record.
4 The council shall further maintain a current codification of
5 all ordinances. Such codification shall be printed and shall
6 be made available for distribution to the public on a
7 continuing basis. All ordinances or resolutions of the council
8 shall be signed by the mayor, or vice mayor in the absence or
9 disability of the mayor, or by the acting mayor in the absence
10 or disability of both the mayor and the vice mayor, and
11 attested to by the city clerk.
12 (10) ADOPTION OF CODES.--The council may adopt any
13 standard code of technical regulations by reference thereto in
14 an adopting ordinance and may amend the code in the adopting
15 ordinance or later amendatory ordinance. The procedures and
16 requirements governing such an adoption ordinance shall be
17 prescribed for ordinances generally, except that:
18 (a) Requirements regarding distributing and filing of
19 copies of the ordinance shall not be construed to require
20 distribution and filing of copies of the adopted code of
21 technical regulations, except as provided in paragraph (b).
22 (b) A copy of each adopted code of technical
23 regulations, as well as of the adoptive ordinance, shall be
24 authenticated and recorded by the city clerk.
25 (11) LIMITATION OF EMPLOYMENT OF COUNCIL MEMBERS.--No
26 council member shall be in the employment of the city while in
27 office, nor shall any former council member be employed by the
28 city until after the expiration of 1 year from the time of
29 leaving office.
30 (12) NONINTERFERENCE BY CITY COUNCIL.--Except for the
31 purposes of inquiry and information, the council and its
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1 members, including committees thereof, are expressly
2 prohibited from interfering with the performance of the duties
3 of any employee of the city government who is under the direct
4 or indirect supervision of the city manager or city attorney.
5 Such action shall be malfeasance within the meaning of s.
6 112.51, Florida Statutes, and shall be punishable as provided
7 in s. 112.317, Florida Statutes.
8 Section 6. Budget and appropriations.--
9 (1) FISCAL YEAR.--The city shall have a fiscal year
10 which shall begin on October 1 of each year and end on
11 September 30 of the succeeding year.
12 (2) BUDGET ADOPTION.--The council shall by resolution
13 adopt a budget on the 30th day of September of each year,
14 following a minimum of two public hearings on the proposed
15 budget. A resolution adopting the annual budget shall
16 constitute appropriation of the amounts specified therein as
17 expenditures from funds indicated.
18 (3) APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR.--
19 (a) Supplemental appropriations.--If, during the
20 fiscal year, revenues in excess of those estimated in the
21 budget are available for appropriation, the council by
22 resolution may make supplemental appropriations for the year
23 in an amount not to exceed such excess.
24 (b) Reduction of appropriations.--If, at any time
25 during the fiscal year, it appears probable to the city
26 manager that the revenues available will be insufficient to
27 meet the amount appropriated, the city manager shall report
28 same to the council without delay, indicating the estimated
29 amount of the deficit, any remedial action taken, and
30 recommendations as to any other steps that should be taken.
31 The council shall then take such further action as it deems
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1 necessary to prevent or minimize any deficit and, for that
2 purpose, the council may by resolution reduce one or more
3 appropriations accordingly.
4 (c) Limitations; effective date.--No appropriation for
5 debt service may be reduced or transferred, and no
6 appropriation may be reduced below any amount required by law
7 to be appropriated, or by more than the unencumbered balance
8 thereof. Other provisions of law to the contrary
9 notwithstanding, the supplemental and emergency appropriations
10 and reduction or transfer of appropriations authorized by this
11 section may be made effective immediately upon adoption.
12 Section 7. Charter officers.--
13 (1) DESIGNATION.--The city manager and the city
14 attorney are redesignated as charter officers, except that the
15 office of the city attorney may be contracted to an attorney
16 or law firm.
17 (2) APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF
18 VACANCIES.--
19 (a) The charter officers shall be appointed by a
20 majority vote of the full council and shall serve at the
21 pleasure of the council.
22 (b) The charter officers shall be removed from office
23 only by a majority vote of the full council. Upon demand by a
24 charter officer, a public hearing shall be held prior to such
25 removal.
26 (c) The compensation of the charter officers shall be
27 fixed by the city council.
28 (d) The city council shall begin the process to fill a
29 vacancy in a charter office within 90 days after the vacancy.
30 An acting city manager or an acting city attorney may be
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1 appointed by the council during a vacancy in such charter
2 office.
3 (e) A charter officer shall not be a candidate for
4 city council while holding his or her charter officer
5 position.
6 (3) CITY MANAGER.--The city manager shall be the chief
7 administrative officer of the city.
8 (a) Qualifications.--The city manager shall be
9 selected on the basis of experience, expertise, and management
10 ability as it pertains to running municipal government.
11 (b) Powers and duties.--The city manager shall:
12 1. As the chief administrative officer of the city,
13 direct and supervise the administration of all departments,
14 offices, and agencies of the city, except the offices of city
15 attorney, and except as otherwise provided by this charter or
16 by law.
17 2. Appoint, suspend, or remove any employee of the
18 city or appointive administrative officer provided for by or
19 under this charter, except the office of city attorney, and
20 except as may otherwise be provided by law, this charter, or
21 personnel rules adopted pursuant to the charter. The city
22 manager may authorize any administrative officer who is
23 subject to his or her direction and supervision to exercise
24 these powers with respect to subordinates in that officer's
25 department, office, or agency.
26 3. Ensure that all laws, provisions of this charter,
27 and acts of the council are faithfully executed.
28 4. Prepare and submit the annual budget and capital
29 program to the council in the form prescribed by ordinance.
30 5. Attend meetings of the city council.
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1 6. Draw and sign vouchers upon depositories as
2 provided by ordinance, and keep or cause to be kept a true and
3 accurate account of same.
4 7. Sign all licenses issued by the city, and issue
5 receipts for all moneys paid to the city, and deposit said
6 moneys in the proper depositories on the first banking day
7 after receipt. The city manager may delegate the
8 responsibilities of this subparagraph to an appropriate city
9 employee who shall be bonded.
10 8. Provide administrative services in support of the
11 office duties of the mayor and the council.
12 9. Keep the council advised as to the financial
13 condition and future needs of the city and make
14 recommendations to the council concerning the affairs of the
15 city.
16 10. Submit to the city, and make available to the
17 public, a complete report on finances and administrative
18 activities of the city as of the end of the fiscal year.
19 11. Sign contracts on behalf of the city to the extent
20 authorized by ordinance.
21 12. Perform such other duties as are specified in this
22 charter or as may be required by the council.
23 (4) CITY ATTORNEY.--The city attorney shall be the
24 chief legal officer of the city.
25 (a) Qualifications.--The city attorney shall be a
26 member of The Florida Bar in good standing.
27 (b) Powers and duties.--The city attorney:
28 1. Shall serve as chief legal advisor to the city
29 council, the charter officers, and all city departments,
30 offices, and agencies.
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1 2. May hire such assistants as may be required, when
2 approved by the city council.
3 3. Shall attend city council meetings unless excused
4 by the city council, and shall perform such professional
5 duties as may be required by law or by the council in
6 furtherance of the law.
7 4. Shall prepare an annual budget for the operation of
8 the office of the city attorney and shall submit this budget
9 to the city manager for inclusion in the annual city budget,
10 in accordance with uniform city procedures.
11 Section 8. Elections.--
12 (1) ELECTORS.--Any person who is a resident of the
13 city, who has qualified as an elector of this state and who
14 registers in the manner prescribed by law, shall be an elector
15 of the city.
16 (2) NONPARTISAN ELECTIONS.--All elections for the city
17 council members shall be conducted on a nonpartisan basis
18 without any designation of political party affiliation.
19 (3) QUALIFYING FOR OFFICE.--Any resident of the city
20 who wishes to become a candidate for a city elective office
21 shall qualify with the city clerk no sooner than noon on the
22 last Tuesday in December nor later than noon on the second
23 Tuesday in January of the year in which the election is to be
24 held.
25 (4) SCHEDULE FOR GENERAL ELECTIONS AND RUNOFFS.--The
26 regular city election shall be the second Tuesday in February
27 of each election year. Such city elections shall be general
28 city elections. In the event no candidate for an office
29 receives a majority of the votes cast for said office, then a
30 runoff election shall be held on the fourth Tuesday in
31 February.
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1 (5) SCHEDULE FOR OTHER ELECTIONS.--
2 (a) An election to fill the remainder of an unexpired
3 term shall be held as provided in subsection (4).
4 (b) Special municipal elections shall be held in the
5 same manner as regular elections, except that the city
6 council, by ordinance, shall fix the time for holding of such
7 elections.
8 (6) DETERMINATION OF ELECTION TO OFFICE.--If only one
9 candidate qualifies for an office, said candidate shall be
10 deemed to be elected. If two or more candidates qualify for an
11 office, the names of those candidates shall be placed on the
12 ballot at the general election. If no candidate for an office
13 receives a majority of the votes cast for said office, then
14 the two candidates for the office receiving the highest vote
15 in the general election shall run again in the runoff
16 election, provided that:
17 (a) If more than two candidates for an office receive
18 an equal and highest number of votes, the name of such
19 candidates shall be placed on the runoff election ballot.
20 (b) In any contest in which there is a tie for second
21 place, the name of the candidate placing first and the name of
22 each candidate tying for second shall be placed upon the
23 runoff election ballot. The candidate receiving the highest
24 number of votes cast for the office in the runoff election
25 shall be elected to such office. If the vote at the runoff
26 election results in a tie, the outcome shall be determined by
27 lot.
28 (7) CITY CANVASSING BOARD.--The city canvassing board
29 shall be composed of those members of the city council who are
30 not candidates for reelection and the city clerk, who shall
31 act as chairperson. At the close of the polls of any city
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1 election, or as soon thereafter as practicable, the canvassing
2 board shall meet at a time and place designated by the
3 chairperson and shall proceed to publicly canvass the vote as
4 shown by the returns then on file in the office of the city
5 clerk, and then shall publicly canvass the absentee elector
6 ballots. The canvassing board shall prepare and sign a
7 certificate containing the total number of votes cast for each
8 candidate or other measure voted upon. The certificate shall
9 be placed on file with the city clerk.
10 (8) RECALL OF CITY COUNCIL MEMBERS.--Any member of the
11 city council may be removed from office by the electors of the
12 city following the procedures for recall established by
13 general law.
14 (9) INITIATIVE AND REFERENDUM.--
15 (a) Power to initiate and reconsider ordinances.--
16 1. Initiative.--The electors of the city shall have
17 the power to propose ordinances to the city council and, if
18 the city council fails to adopt an ordinance so proposed
19 without any change in substance, to adopt or reject it at a
20 city election, provided that such power shall not extend to
21 the annual budget or capital program or any ordinance
22 appropriating money, levying taxes, or setting salaries of
23 city officers or employees.
24 2. Referendum.--
25 a. The city council shall have the power, by
26 resolution, to call for a referendum vote by the electors of
27 the city at any time, provided that the purpose of such
28 referendum is presented to the city at a public hearing at
29 least 60 days prior to the adoption of said resolution. Any
30 resolution call for a referendum vote of the electors of the
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1 city must be passed by an affirmative vote of not less than
2 four members of the council.
3 b. The electors of the city shall have the power to
4 require reconsideration by the city council of any adopted
5 ordinance and, if the city council fails to repeal an
6 ordinance so reconsidered, to approve or reject it at a city
7 election, provided that such power shall not extend to the
8 annual budget or capital program or any ordinance
9 appropriating money, levying taxes, or setting salaries of
10 city officers or employees.
11 (b) Commencement of proceedings.--Any 10 electors may
12 commence initiative or referendum proceedings by filing with
13 the city clerk an affidavit stating that they shall constitute
14 the petitioner's committee and be responsible for circulating
15 the petition and filing it in proper form, stating their names
16 and addresses and specifying the address to which all notices
17 to the committee are to be sent, and setting out in full the
18 proposed initiative ordinance or citing the ordinance sought
19 to be reconsidered. Promptly after the affidavit of the
20 petitioner's committee is filed, the city clerk may, at the
21 committee's request, issue the appropriate petition blanks to
22 the petitioner's committee at the committee's expense.
23 (c) Petitions.--
24 1. Initiative and referendum petitions must be signed
25 by electors of the city equal in number to at least 10 percent
26 of the total number of electors registered to vote in the last
27 regular city election.
28 2. All papers of a petition shall be assembled as one
29 instrument of filing. Each signature shall be executed in ink
30 and shall be followed by the printed name and address of the
31 person signing. Petitions shall contain or have attached
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1 thereto throughout their circulation the full test of the
2 ordinance proposed or sought to be reconsidered.
3 3. Each paper of a petition shall have attached to it,
4 when filed, an affidavit executed by the circulator thereof
5 stating that he or she personally circulated the paper, the
6 number of signatures thereon, that all signatures were affixed
7 in his or her presence, that he or she believes them to be the
8 genuine signatures of the persons whose names they purport to
9 be, and that each signer had an opportunity before signing to
10 read the full text of the ordinance proposed or sought to be
11 reconsidered.
12 4. Except as otherwise provided in sub-subparagraph
13 (a)2.b., all initiative and referendum petitions must be filed
14 within 60 days after the date on which proceedings with
15 respect to such initiative or referendum are commenced, and
16 all requirements of the process, including, but not limited
17 to, the submission of the signatures required, must be
18 completed no later than 90 days following the date of filing
19 said initiative or referendum petition.
20 (d) Procedure for filing.--
21 1. Within 20 days after an initiative petition or a
22 referendum petition is filed, the city clerk shall complete a
23 certificate as to its sufficiency, specifying, if it is
24 insufficient, the particulars wherein it is defective, and
25 shall promptly send a copy of the certificate to the
26 petitioner's committee by registered mail. Grounds for
27 insufficiency are only those specifics in subparagraph (c)3.
28 that are not met. A petition certified insufficient for lack
29 of the required number of valid signatures may be amended once
30 if the petitioner's committee files a notice of intent to
31 amend it with the designated official within 2 business days
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1 after receiving the copy of the certificate and files a
2 supplementary petition upon additional papers within 10 days
3 after receiving the copy of such certificate. Such
4 supplementary petition shall comply with original petition
5 requirements and, within 5 days after it is filed, the city
6 clerk shall complete a certificate as to the sufficiency of
7 the petition as amended and promptly send a copy of such
8 certificate to the petitioner's committee by registered mail.
9 If a petition or an amended petition is certified sufficient,
10 or if a petition or amended petition is certified insufficient
11 and the petitioner's committee does not elect to amend or
12 request the city council review under subparagraph 2. within
13 the time required, the city clerk shall promptly present a
14 certificate to the city council and such certificate shall
15 then be a final determination as to the sufficiency of the
16 petition.
17 2. The city council review.--If a petition has been
18 certified insufficient and the petitioner's committee does not
19 file notice of intent to amend it or if an amended petition
20 has been certified insufficient, the committee may, within 2
21 business days after receiving the copy of such certificate,
22 file a request that it be reviewed by the city council. The
23 city council shall review the certificate at its next meeting
24 following the city council's filing of such request and
25 approve or disapprove it, and determination shall then be
26 final as to the sufficiency of the petition.
27 (e) Action on petitions.--
28 1. Action by city council.--When an initiative or
29 referendum petition has been determined sufficient, the city
30 council shall promptly consider the proposed initiative
31 ordinance, or reconsider the referendum ordinance by voting
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1 its repeal. The repeal of an ordinance relating to the levy of
2 ad valorem taxes shall be by ordinance. If the city council
3 fails to adopt a proposed initiative ordinance without any
4 change in substance within 45 days or fails to repeal the
5 referendum ordinance within 30 days or, in the case of a
6 referendum authorized pursuant to sub-subparagraph (a)2.c.,
7 within 5 days after the date on which the petition is
8 determined to be sufficient, it shall submit the proposed
9 initiative or referendum ordinance to the electors of the
10 city. If the city council fails to act on a proposed
11 initiative ordinance or a referendum ordinance within the time
12 period specified, the city council shall be deemed to have
13 failed to adopt the proposed initiative ordinance, or failed
14 to repeal the referendum ordinance on the last day that the
15 city council was authorized to act on such matter.
16 2. Submission to electors.--The vote of the city on a
17 proposed initiative or referendum ordinance shall be held not
18 less than 30 or more than 60 days from the date the city
19 council acted or was deemed to have acted pursuant to
20 subparagraph 1., that the petition was determined sufficient.
21 If no regular election is to be held within the period
22 described in this paragraph, the city council shall provide
23 for a special election, except that the city council may, in
24 its discretion, provide for a special election at an earlier
25 date within the described period. Copies of the proposed
26 initiative or referendum ordinance shall be made available at
27 the polls.
28 3. Withdrawal of petitions.--An initiative or
29 referendum petition may be withdrawn at any time prior to the
30 15th day preceding the day scheduled for a vote of the city by
31 filing with the city clerk a request for withdrawal signed by
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1 at least eight members of the petitioner's committee. Upon the
2 filing of such request, the petition shall have no further
3 force or effect and all proceedings thereon shall be
4 terminated.
5 (f) Results of election.--
6 1. If a majority of the qualified electors voting on a
7 proposed initiative ordinance vote in its favor, it shall be
8 considered adopted upon certification of the election results.
9 If conflicting ordinances are approved at the same election,
10 the one receiving the greatest number of affirmative votes
11 shall prevail to the extent of such conflict.
12 2. If a majority of the qualified electors voting on a
13 referendum ordinance vote against it, it shall be considered
14 repealed upon certification of the election results.
15 Section 9. Transition schedule.--
16 (1) REFERENDUM.--The referendum election called for by
17 this act shall be held on November 2, 1999, at which time the
18 following question shall be placed upon the ballot: "SHALL
19 CHAPTER 99- , LAWS OF FLORIDA, CREATING THE CITY OF MARATHON
20 AND PROVIDING ITS CHARTER BE APPROVED? YES/NO." In the event
21 this question is answered affirmatively by a majority of
22 voters voting in the referendum, the provisions of this
23 charter shall take effect as provided in section 13.
24 (2) INITIAL ELECTION OF COUNCIL MEMBERS.--
25 (a) Dates.--Following the adoption of this charter in
26 accordance with subsection (1), the Monroe County Commission
27 shall call a special election for the election of the five
28 city council members to be held on February 8, 2000. In the
29 event no candidate for an office receives a majority of the
30 votes cast for said office, then a runoff election shall be
31 held on February 22, 2000.
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1 (b) Qualifying period.--Between noon on December 20,
2 1999, and noon on January 11, 2000, any individual who wishes
3 to run for one of the five initial seats on the council shall
4 qualify as a candidate with the Monroe County Supervisor of
5 Elections in accordance with the provisions of this charter
6 and general law.
7 (c) Certification of election results.--For the
8 initial election, the Monroe County Commission shall appoint a
9 canvassing board which shall certify the results of the
10 election.
11 (d) Induction into office.--Those candidates who are
12 elected on February 8, 2000, and February 22, 2000, shall take
13 office at the initial city council meeting, which shall be
14 held at 7 p.m., on February 24, 2000, at the Marathon Public
15 Library.
16 (e) Initial terms of office.--In order to provide for
17 staggering terms of office, the initial term of office for
18 those three council candidates receiving the highest number of
19 votes in the initial election shall be 2 years, and for the
20 remaining elected candidates, the initial term of office shall
21 be 1 year.
22 (3) CREATION AND ESTABLISHMENT OF CITY.--For the
23 purpose of compliance with s. 200.066, Florida Statutes,
24 relating to assessment and collection of ad valorem taxes, the
25 city is hereby created and established effective November 30,
26 1999. Notwithstanding anything to the contrary contained
27 herein, the city, although created and established as of
28 November 30, 1999, shall not be operational until February 24,
29 2000.
30 (4) FIRST-YEAR EXPENSES.--The city council, in order
31 to provide moneys for the expenses and support of the city,
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1 shall have the power to borrow money necessary for the
2 operation of city government until such time as a budget is
3 adopted and revenues are raised in accordance with the
4 provisions of this charter.
5 (5) TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The city
6 council shall adopt ordinances and resolutions required to
7 effect the transition. Ordinances adopted within 60 days after
8 the first council meeting may be passed as emergency
9 ordinances. These transitional ordinances, passed as emergency
10 ordinances, shall be effective for no longer than 90 days
11 after adoption, and thereafter may be readopted, renewed, or
12 otherwise continued only in the manner normally prescribed for
13 ordinances.
14 (6) TRANSITIONAL COMPREHENSIVE PLAN AND LAND
15 DEVELOPMENT REGULATIONS AND SOLID WASTE COLLECTION PLAN.--
16 (a) Until such time as the city adopts a comprehensive
17 plan, the applicable provisions of the Comprehensive Plan of
18 Monroe County, as the same exists on the day the city
19 commences corporate existence, shall remain in effect as the
20 city's transitional comprehensive plan. However, all planning
21 functions, duties, and authority shall thereafter be vested in
22 the City Council of Marathon which shall be deemed the local
23 planning agency until and unless the council establishes a
24 separate local planning agency. Prior to the adoption of a
25 city comprehensive master plan, any amendment to any zoning as
26 established in the current county land use plan shall only be
27 by an ordinance adopted by the affirmative vote of not less
28 than four members of the council. Any increase in the
29 residential density or intensity, as established in the
30 current county land use plan which is adopted by the city
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1 shall only be by an ordinance adopted by the affirmative vote
2 of not less than four members of the council.
3 (b) All powers and duties of the planning commission,
4 zoning authority, any boards of adjustment, and the County
5 Commission of Monroe County, as set forth in these
6 transitional zoning and land use regulations, shall be vested
7 in the City Council of Marathon until such time as the city
8 council delegates all or a portion thereof to another entity.
9 (c) Subsequent to the commencement of the city's
10 corporate existence, no amendment of the comprehensive plan or
11 land development regulations enacted by the Monroe County
12 Commission shall be deemed as an amendment of the city's
13 transitional comprehensive plan or land development
14 regulations or otherwise take effect within the city's
15 corporate limits unless approved by the city council.
16 (d) In accordance with section 403.706(1), Florida
17 Statutes, the Board of County Commissioners shall have the
18 responsibility to transport municipal solid waste to a solid
19 waste disposal facility of the county or operate a solid waste
20 facility. The municipality must, through September 30, 2002,
21 deliver the solid waste collected within the municipality to
22 either a county solid waste transfer station or a county solid
23 waste disposal facility, as determined by the board. For the
24 remainder of the term of the county's solid waste haulout
25 contract, the board and the municipality shall negotiate for
26 the delivery of the solid waste collected within the
27 municipality by interlocal agreement. The parties shall
28 negotiate in good faith and with primary consideration given
29 to the minimum waste generation guarantees set forth in the
30 county's solid waste haulout contract. However, in no event
31 may the board charge the municipality a tipping fee in excess
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1 of the tipping fee established annually and charged to other
2 municipalities and persons delivering solid waste to the
3 county transfer stations or county solid waste disposal
4 facility.
5 (7) STATE SHARED REVENUES.--The City of Marathon shall
6 be entitled to participate in all shared revenue programs of
7 the State of Florida effective immediately on the date of
8 incorporation. The provisions of s. 218.23(1), Florida
9 Statutes, shall be waived for the purpose of eligibility to
10 receive revenue sharing funds from the date of incorporation
11 through the state Fiscal Year 2001-2002. Section 218.26(3),
12 Florida Statutes, is waived through the state Fiscal Year
13 2001-2002, and the apportionment factors for the
14 municipalities and counties shall be recalculated pursuant to
15 s. 218.245, Florida Statutes. Initial population estimates for
16 calculating eligibility for shared revenues shall be
17 determined by the University of Florida Bureau of Economic and
18 Business Research. Should the bureau be unable to provide an
19 appropriate population estimate, the Monroe County Planning
20 Division estimate shall be utilized.
21 (8) GAS TAX REVENUES.--Notwithstanding the
22 requirements of s. 336.025, Florida Statutes, to the contrary,
23 the City of Marathon shall be entitled to receive local option
24 gas tax revenues beginning on July 1, 2000.
25 Section 10. Land description.--The corporate
26 boundaries of the city shall be as follows: from the East end
27 of the Seven Mile Bridge (approximately Mile Marker 47) to the
28 West end of the Tom's Harbor Bridge (approximately Mile Marker
29 60), including, but not limited to, the entire islands of
30 Knight Key; Hog Key; Vaca Key; Stirrup Key; Boot Key; Crawl
31 Key; East Sister's Island; West Sister's Island; Fat Deer Key;
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1 Long Point Key; Deer Key; Little Deer Key; Little Crawl Key;
2 Grassy Key; the unincorporated areas of Monroe County commonly
3 known as Marathon and Coco Plum; all land filled in between
4 the islands, including all islands connected by U.S. 1,
5 Overseas Highway and roadways connecting thereto; and all
6 adjacent islands not connected by roadways within the
7 boundaries of Monroe County between Mile Marker 47 and Mile
8 Marker 60, specifically excluding all areas within the
9 boundaries of the City of Key Colony Beach, all of the above
10 being within the boundaries of Monroe County, Florida.
11 Section 11. General provisions.--
12 (1) CHARTER AMENDMENTS.--This charter may be amended
13 in accordance with the provisions for charter amendments as
14 specified in the Municipal Home Rule Powers Act, chapter 166,
15 Florida Statutes, as the same may be amended from time to
16 time, or its successor, or as may otherwise be provided by
17 general law. The form, content, and certification of any
18 petition to amend shall be established by ordinance.
19 (2) STANDARDS OF CONDUCT.--All elected officials and
20 employees of the city shall be subject to the standards of
21 conduct for public officers and employees set by general law.
22 In addition, the city council shall, no later than 6 months
23 from the effective date of incorporation, establish by
24 ordinance a code of ethics for officials and employees of the
25 city which may be supplemental to general law, but in no case
26 may such an ordinance diminish the provisions of general law.
27 The intent of this provision of the charter is to require more
28 stringent standards than those provided under general law.
29 (3) INFRASTRUCTURE SURTAX REVENUES.--The City of
30 Marathon shall be entitled to receive infrastructure surtax
31 revenues beginning on July 1, 2000.
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1 Section 12. If any provision of this act, or the
2 application thereof to any person or circumstance, is held
3 invalid, the invalidity shall not affect other provisions or
4 applications of this act which can be given effect within the
5 invalid provision or application, and to this end the
6 provisions of this act are declared severable.
7 Section 13. This act shall take effect only upon its
8 approval by a majority vote of those qualified electors
9 residing within the proposed corporate limits of the proposed
10 City of Marathon, as described in section 10, voting in a
11 referendum election to be called by the Monroe County
12 Commission and to be held on November 2, 1999, in accordance
13 with the provisions of law relating to elections currently in
14 force, except this section shall take effect upon becoming a
15 law.
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