Senate Bill 2626

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    Florida Senate - 1999        (NP)                      SB 2626

    By Senator Saunders





    25-980-99                                          See HB 1635

  1                      A bill to be entitled

  2         An act relating to Lee County; creating the

  3         City of Bonita Springs; providing for municipal

  4         boundaries and municipal powers; providing for

  5         a city-manager form of government; providing

  6         for annexation and establishing a 5-year

  7         moratorium prior to the annexation of an area

  8         into the corporate limits of the City of Bonita

  9         Springs; providing for the general powers and

10         duties to be exercised by the city; providing

11         for nonpartisan elections of the city council,

12         their terms, and term limits; creating council

13         districts; providing for membership,

14         qualifications, powers, and duties of the city

15         council including the mayor; providing for

16         compensation and expenses of city council

17         members; providing circumstances resulting in

18         vacancy in the office of city council;

19         providing grounds for forfeiture and

20         suspension, and for filling of vacancies in the

21         city council; providing for meetings and

22         keeping of records; providing for referendum

23         election; providing for campaign spending

24         limits; providing for appointment of officers

25         including city manager and city attorney;

26         providing for powers and duties of city

27         manager; providing for code of technical

28         regulation; providing for adoption of

29         ordinances and resolutions to include emergency

30         ordinances; providing for first-year expenses;

31         providing for adoption of annual budget and

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1         appropriations; providing for capital programs;

  2         providing for a debt limit on the amount of

  3         outstanding long-term liabilities; providing

  4         for referendum petitions and for recall;

  5         providing for code of ethics; providing for

  6         amendments to the city charter; providing for

  7         participation in state-shared revenue and local

  8         option gas taxes; providing for initial

  9         election of city council and early assumption

10         of duties; providing for a transitional period

11         and for county ordinances and services during

12         the transitional period; providing effective

13         dates; providing for an annual financial audit;

14         providing for severability; providing an

15         effective date.

16

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

18

19         Section 1.  The charter for the City of Bonita Springs

20  is created to read:

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

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

23  the City of Bonita Springs Charter, hereinafter referred to as

24  the "charter."

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

26  finds and declares that the City of Bonita Springs in Lee

27  County includes a compact and contiguous community of

28  approximately 33 square miles (21,120 acres) and 23,186

29  permanent residents susceptible to urban services, and

30  constitutes a community amenable to separate municipal

31  government.  The present permanent population density is

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  slightly less than 1.5 persons per acre; however, with the

  2  area's coastal and environmental features and its patterns of

  3  growth and land use, extraordinary conditions do exist which

  4  allow for the establishment of a municipality with less

  5  existing density than 1.5 persons per acre.  The total

  6  population including seasonal residents is estimated to

  7  approach approximately 40,000 residents, which represents an

  8  average population density of 1.89 persons per acre.

  9         Section 3.  Feasibility study.--A feasibility study was

10  prepared examining the economic impact this act may have upon

11  the public and agencies responsible for enforcing the law, the

12  cost of implementation, and who is to bear such cost,

13  identifying the benefits from the passage of this act and

14  providing the data and analysis to support the conclusions

15  that incorporation is financially feasible and will have a

16  positive impact on the citizens of the community of Bonita

17  Springs.

18         Section 4.  Incorporation of municipality; corporate

19  limits.--There is hereby created, effective December 31, 2000,

20  in Lee County, a new municipality to be known as the City of

21  Bonita Springs, which shall have a city-manager form of

22  government.  The corporate boundaries of the City of Bonita

23  Springs, hereinafter referred to as the "city," shall be as

24  described in section 7.

25         Section 5.  Preamble.--The preamble to the charter

26  shall read:

27

28  We, the people of the Bonita Springs Community, by the grace

29  of God and pursuant to the authority granted by the

30  Constitution and the laws of the United States and of the

31  State of Florida, in order to secure the benefits of local

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  self-government, and otherwise to promote the common welfare

  2  of all citizens, do hereby ordain and establish this charter

  3  for the City of Bonita Springs.

  4         Section 6.  Purpose.--The purpose clause of the

  5  charter:

  6

  7  We, the people of the City of Bonita Springs, desiring to

  8  avail ourselves of the right to establish a home-rule charter,

  9  in accordance with the Constitution and the laws of the State

10  of Florida, do ordain and establish this charter and form of

11  government for the City of Bonita Springs.

12         Section 7.  Boundaries.--The territorial boundaries of

13  the City of Bonita Springs, upon the date of incorporation,

14  shall include the following areas situated in the County of

15  Lee, State of Florida:

16

17         Beginning at a point at the northeast corner of

18         Section 18, Township 47 South, Range 26 East,

19         proceed southward along the easterly section

20         line of Sections 18 and 19 thence along the

21         westerly right-of-way line of Bonita Grande

22         Drive to the southern right-of-way line of

23         Bonita Beach Road on the line separating

24         Sections 5 and 6 in Township 48 South, Range 26

25         East.  From thence proceed eastward for two

26         miles to the section line separating Sections 4

27         and 3 of Range 26 East, Township 48 South.

28         From there proceed south along the section line

29         for one mile to the Lee/Collier County line.

30         The southern boundary shall then proceed west

31         along the Lee/Collier boundary until it reaches

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1         Vanderbilt Drive, at which point it will follow

  2         the Lee/Collier boundary north for one mile

  3         along Vanderbilt Drive.  The boundary shall

  4         then proceed west along the section line

  5         separating Section 5 of Township 48 South,

  6         Range 25 East, and Section 32 of Township 47

  7         South, Range 25 East, being the Lee/Collier

  8         boundary, until it reaches a point 500 feet

  9         west of the high tide mark of the Gulf of

10         Mexico.  The western boundary of the City of

11         Bonita Springs shall be a line drawn 500 feet

12         westward of the mean high tide line and

13         extending from the section line separating

14         Section 6 of Township 48 South, Range 25 East,

15         in Collier County from Section 31, Township 47

16         South, Range 25 East, in Lee County northwest

17         to the section line separating Sections 10 and

18         3 in Township 47 South, Range 24 East, in Lee

19         County. From there the boundary shall extend

20         east, northeast, north, east and south

21         following a line drawn 500 feet from the mean

22         high tide of Lovers Key and Black Island,

23         returning to the section line separating

24         Sections 2 and 11, thence proceeding eastward

25         to the westerly section line of Section 7,

26         Township 47 South, Range 25 East.  From there

27         proceed southward along the westerly boundary

28         of Section 7, to the southwest corner of

29         Section 7, Township 47 South, Range 25 East,

30         Lee County, Florida.   From there proceed east

31

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1         along the section line for approximately seven

  2         miles to the point of beginning.

  3

  4         The territorial boundaries of the City of Bonita

  5  Springs include coastal areas and islands that are located

  6  within 2 miles of the territorial boundaries of Fort Myers

  7  Beach, because of such extraordinary natural boundaries, it

  8  requires the presence of a separate municipal government for

  9  these coastal and/or island areas.

10         Section 8.  Extension of the corporate limits;

11  annexation.--For a period of 5 years from the date the city is

12  created, no area currently within the Estero Fire and Rescue

13  District shall be annexed into the corporate limits of Bonita

14  Springs.  With this exception, the corporate limits of the

15  city may be revised and expanded as provided by general law.

16         Section 9.  Form of government.--The form of government

17  established under this charter shall be a city-manager form as

18  herein provided, with the city council to consist of a mayor

19  and six city council members who will be elected in the manner

20  hereinafter provided. The city council will constitute the

21  governing body of the city, with the duties and

22  responsibilities hereinafter provided. The city council shall

23  appoint a city manager to be the chief administrative officer

24  of the city who shall serve at the pleasure of the city

25  council.

26         Section 10.  Powers of the city.--The city shall be a

27  body corporate and politic and shall have all the powers of a

28  municipality under the Florida Constitution and laws of the

29  State of Florida, as fully and completely as though such

30  powers were specifically enumerated in the charter. In

31  accordance with the Florida Constitution and statutes of the

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  State of Florida, the City of Bonita Springs shall have all

  2  governmental, corporate, and proprietary powers to enable it

  3  to conduct municipal government, perform municipal functions,

  4  and render municipal services, and may exercise any of its

  5  powers for municipal purposes except when expressly prohibited

  6  by law.

  7         Section 11.  Construction.--The powers of the city

  8  under this charter shall be construed liberally in favor of

  9  the city, and the specific mention of particular powers in the

10  charter shall not be construed as limiting in any way the

11  general power granted by this charter.

12         Section 12.  Intergovernmental relations.--The city may

13  exercise any of its powers or perform any of its functions and

14  may participate in the financing thereof, jointly or in

15  cooperation, by contract or otherwise, with any one or more

16  states, counties, municipalities, special districts, or any

17  agencies thereof, or the United States or any agencies

18  thereof.

19         Section 13.  Powers vested in city council.--All powers

20  of the city shall be vested in the city council, except as

21  otherwise provided by law or this charter, and the council

22  shall provide for the exercise thereof and for the performance

23  of all duties and obligations imposed on the city by law.

24         Section 14.  Composition of city council, eligibility,

25  elections, terms, term limits.--

26         (A)  There shall be a city council composed of the

27  mayor and six council members. One council member shall be

28  nominated and elected by the voters in each of the six council

29  districts.  Each council member, excluding the mayor, must

30  reside in the district he or she represents.  The mayor shall

31

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  be elected at-large within the city in the manner provided for

  2  in this charter and must reside within the city.

  3         (B)  Only registered voters of the city shall be

  4  eligible to hold the office of council member or mayor.

  5  Candidates qualifying for any seat on the council shall have

  6  been residents and registered voters of the particular

  7  district for a minimum of 2 years immediately preceding the

  8  commencement of the term of office and each must be a resident

  9  of the district he or she represents during his or her

10  incumbency.

11         (C)  The regular election of council members will be at

12  the same time as the first primary election of each

13  even-numbered year, which will be held on the Tuesday 9 weeks

14  prior to the general election. At the initial election under

15  this charter six council members shall be elected. Council

16  members from districts 1, 3, and 5 shall serve for terms of 2

17  years, and council members from districts 2, 4, and 6 shall

18  serve for terms of 4 years. Thereafter, all council members

19  shall serve for terms of 4 years.   The terms of council

20  members shall begin 2 weeks from the date of the certification

21  of their election.  Each council member will remain in office

22  until a successor is elected and assumes the duties of the

23  position, which shall begin 2 weeks from the date of the

24  certification of his or her election.  Neither the mayor nor

25  any other council member may serve more than two consecutive

26  4-year terms in the same seat.  After 2 years out of office, a

27  candidate may requalify for any vacant seat on the council.

28         (D)  Any elector of the city who wishes to become a

29  candidate for a city elective office shall qualify with the

30  supervisor of elections for the initial election; thereafter,

31  candidates shall qualify with the city clerk. Candidates must

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  submit their names and proof of qualification, as described in

  2  this charter and in the applicable provisions of chapter 99,

  3  Florida Statutes, to the office of the Lee County Supervisor

  4  of Elections between noon of the 50th day and noon of the 46th

  5  day prior to the city election. Proof of qualification

  6  includes proof of current address and of 2 years residency.

  7  Each candidate shall pay a qualifying fee as set forth under

  8  the Florida elections laws.

  9         Section 15.  Nonpartisan election.--All elections to

10  the office of mayor or city council shall be conducted on a

11  nonpartisan basis without designation of any political

12  affiliation for any candidate on any ballot.

13         Section 16.  Referendum spending limits; campaign

14  spending limits.--

15         (A)  There shall be a maximum cap of not more than $1

16  per registered voter in the city placed on campaign spending

17  for any referendum vote for or against such referendum

18  question.

19         (B)  No candidate for mayor or a city council seat may

20  spend more than $1 per registered voter in the city on an

21  election.

22         Section 17.  Adoption of election procedure.--The

23  council, by ordinance, may adopt such election procedures as

24  are necessary and as provided by Florida law.

25         Section 18.  Multiple candidates.--In the event that

26  multiple candidates qualify for election to a single office,

27  the candidate receiving a majority of votes cast shall be

28  elected.  If no candidate receives a majority, then the two

29  candidates receiving the most votes shall have a run-off

30  election to decide the winner of the election for that office.

31  If required, and except for the initial election, the run-off

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  election shall be held on the Tuesday 5 weeks prior to the

  2  date of the general election, which general election is on the

  3  first Tuesday after the first Monday in November of each

  4  even-numbered year.

  5         Section 19.  Mayor.--At the initial election under this

  6  charter, a mayor shall be elected, at-large, and shall serve

  7  for a term of 4 years. The mayor shall be a voting member of

  8  the city council and shall preside at meetings of the council,

  9  represent the city in intergovernmental relationships, appoint

10  with the advice and consent of the council the members of

11  citizen advisory boards and commissions, present an annual

12  "State of the City Message," and perform other duties as

13  specified by the council. The mayor shall be recognized as

14  head of the city government for all ceremonial purposes and by

15  the Governor for purposes of military law, but shall have no

16  administrative duties.  In addition to any other duties, the

17  mayor shall have a voice and a vote in all council

18  proceedings, but shall have no veto power. The council shall

19  elect, from among its members, a deputy mayor who shall act as

20  mayor during the absence or disability of the mayor and, if a

21  vacancy occurs, shall become mayor for the remainder of the

22  unexpired term.

23         Section 20.  Compensation; expenses.--The mayor and

24  city council shall not receive compensation for their

25  services. The council may provide for reimbursement of actual

26  expenses incurred by its members, including the mayor, while

27  performing their official duties.

28         Section 21.  Prohibitions.--

29         (A)  Except where authorized by law, no council member

30  including the mayor shall hold any other elected public

31  office during the term for which the member was elected.

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  Neither the mayor nor any council member shall hold any other

  2  city office or city employment during the terms for which the

  3  member was elected to the council.  Neither the mayor nor any

  4  council member shall hold any office or employment with the

  5  city prior to 2 years after the expiration of the term for

  6  which the member was elected. Nothing in this section shall be

  7  construed to prohibit the council from appointing any current

  8  or former mayor or council member to represent the city on the

  9  governing board of any regional or other intergovernmental

10  agency.

11         (B)  Neither the city council nor any of its members

12  shall in any manner control or demand the appointment or

13  removal of any city administrative officer or employee whom

14  the city manager, or any subordinate of the city manager, is

15  empowered to appoint, but the council may express its views

16  and freely discuss with the city manager anything pertaining

17  to appointment or removal of such officers and employees.

18         (C)  Except for the purpose of inquiries and

19  investigations as provided for in this charter, the council or

20  its members shall deal with city officers and employees who

21  are subject to the direction and supervision of the city

22  manager solely through the city manager, and neither the

23  council nor its members shall give orders to any such officer

24  or employee, either publicly or privately.

25         Section 22.  Vacancies; forfeitures of office; filling

26  vacancies.--

27         (A)  The office of a council member shall become vacant

28  upon the member's death, resignation, inability to fulfill the

29  duties of the office, movement of residence outside the

30  district, or removal from office as authorized by law or this

31  charter.

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1         (B)  A council member shall forfeit the office if the

  2  council member: lacks at any time during the term of office

  3  any qualification for the office prescribed by this charter or

  4  as provided by law; violates any express prohibition of this

  5  charter; is convicted of a crime involving a felony or moral

  6  turpitude; or fails to attend three consecutive regular

  7  meetings of the council without being excused by the council.

  8  Should any of these events occur, a hearing shall

  9  automatically be conducted at the next regularly scheduled

10  council meeting and the member may be declared to have

11  forfeited the office by majority vote of the other council

12  members.

13         (C)  A vacancy on the city council, except for the

14  position of mayor, shall be filled for the remainder of the

15  unexpired term by a representative from the incumbent's

16  district who shall be appointed by the city council to serve

17  until the next general election. The first choice for this

18  replacement council member shall be the candidate from that

19  district who received the second highest number of votes in

20  the last election. If the council fails to appoint a

21  replacement council member within 45 days from the occurrence

22  of the vacancy, the council shall call a special election to

23  fill that vacancy, to be held no sooner than 90 days and no

24  later than 120 days following the occurrence of the vacancy,

25  and as otherwise governed by law. In the event the mayor

26  becomes unable to fulfill the duties of office, ceases to be

27  qualified, or is removed from office as provided by law or

28  this charter, the deputy mayor of the council shall assume the

29  full powers and duties of the mayor.  The deputy mayor of the

30  council shall temporarily relinquish his or her office as

31  council member and shall assume the office of mayor for the

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  remainder of the unexpired term.  The council vacancy shall be

  2  filled as provided for in this subsection.

  3         Section 23.  Judge of qualifications.--The council

  4  shall be the judge of the election and qualifications of its

  5  members and of the grounds for forfeiture of their office. The

  6  council shall have the power to set additional written

  7  standards of conduct for its members beyond those specified in

  8  this charter and may provide for such penalties as it deems

  9  appropriate, including forfeiture of office.  In order to

10  exercise these powers, the council shall have power to

11  subpoena witnesses, administer oaths, and require the

12  production of evidence. A member charged with conduct

13  constituting grounds for forfeiture of office shall be

14  entitled to a public hearing on demand, and notice of such

15  hearing shall be published in one or more newspapers of

16  general circulation in the city at least 7 days in advance of

17  the hearing. Decisions made by the council under this section

18  shall be subject to judicial review.

19         Section 24.  Investigations.--The city council may make

20  investigations into the affairs of the city and the conduct of

21  any city department, office, or agency and for this purpose

22  may subpoena witnesses, administer oaths, take testimony, and

23  require the production of evidence. Failure or refusal to obey

24  a lawful order issued in the exercise of these powers by the

25  council shall be a misdemeanor punishable as provided in

26  section 775.082, Florida Statutes, and section 775.083,

27  Florida Statutes.

28         Section 25.  Independent financial audit.--The city

29  council shall provide for an independent annual financial

30  audit of all city accounts and may provide for more frequent

31  audits as it deems necessary. Such audits shall be made by a

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  certified public accountant or firm of such accountants who

  2  have no personal interest, direct or indirect, in the fiscal

  3  affairs of the city government or any of its officers.  The

  4  council may, through competitive proposals, designate such

  5  accountant or firm annually or for a period not exceeding 3

  6  years, but the designation for any particular fiscal year

  7  shall be made no later than 30 days after the beginning of

  8  such fiscal year. If the State of Florida makes such an audit,

  9  the council may accept it as satisfying the requirements of

10  this section.

11         Section 26.  Meetings.--The council shall meet

12  regularly at least once every month at such time and place as

13  the council may prescribe. Special meetings may be held on the

14  call of the mayor or of four or more members and, whenever

15  practical, upon no less than 12 hours' notice to each member

16  and the public.  Action taken at a special meeting shall be

17  limited to the purpose for which the special meeting is

18  called. Except as authorized by law, all meetings shall be

19  open to the public.

20         Section 27.  Rules and journal.--The council shall

21  determine its own rules and order of business and shall

22  provide for keeping a journal of its proceedings. Except as

23  authorized by state law, the journal and minutes shall be

24  public record.

25         Section 28.  Voting by city council.--Voting, except on

26  procedural motions, shall be by roll call with the ayes and

27  nays recorded in the journal. Four council members shall

28  constitute a quorum, but a smaller number may adjourn from

29  time to time and may compel the attendance of absent members

30  in the manner and subject to the penalties prescribed by the

31  rules of the council. No action of the council, except as

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  otherwise provided for in this charter, shall be valid or

  2  binding unless adopted by the affirmative vote of four or more

  3  council members.

  4         Section 29.  Actions requiring an ordinance.--In

  5  addition to other acts required by law or by specific

  6  provision of this charter to be done by ordinance, those acts

  7  of the city council shall be by ordinance which:

  8         (A)  Adopt or amend an administrative code or

  9  establish, alter, or abolish any city department, office, or

10  agency;

11         (B)  Provide for a fine or other penalty or establish a

12  rule or regulation, the violation for which a fine or other

13  penalty is imposed;

14         (C)  Levy taxes; the city council determines what taxes

15  are levied, with a stipulated amount of millage set for

16  operating expenses;

17         (D)  Grant, renew, or extend a franchise;

18         (E)  Regulate the rate charged for its services by a

19  public or private utility;

20         (F)  Authorize the borrowing of money;

21         (G)  Convey or lease, or authorize the conveyance or

22  lease of, any city real or personal property;

23         (H)  Regulate land use and development; and

24         (I)  Amend or repeal any ordinance previously adopted.

25

26  Acts other than those referred to in this section may be done

27  either by ordinance or by resolution.

28         Section 30.  Ordinances and resolutions;

29  definitions.--As used in this charter, the following words and

30  terms shall have the following meanings unless some other

31  meaning is plainly indicated:

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1         (A)  "Ordinance" means an official legislative action

  2  of the council which action is a regulation of general and

  3  permanent nature and enforceable as a local law.

  4         (B)  "Resolution" means an expression of the city

  5  council concerning matters of administration and expressions

  6  of a temporary character or a provision for the disposition of

  7  a particular item of the administrative business of the city

  8  council.

  9         Section 31.  Ordinances in general.--

10         (A)  Every proposed ordinance shall be introduced in

11  writing and in the form required for final adoption. No

12  ordinance shall contain more than one subject together with

13  matters properly connected therewith which will be clearly

14  expressed in its title. The enacting clause shall be "The City

15  of Bonita Springs hereby ordains......". Any ordinance which

16  repeals or amends an existing ordinance or part of the city

17  code shall set out in full the ordinance, section, or

18  subsections to be repealed or amended, and shall indicate

19  matters to be omitted by enclosing it in brackets or by

20  strikeout type and shall indicate new matter by underscoring

21  or by italics.  All ordinances shall be adopted as provided

22  for in chapter 166, Florida Statutes, as such may be amended

23  from time to time.

24         (B)  An ordinance may be introduced by any member at

25  any regular or special meeting of the council. Upon

26  introduction of any ordinance, the city clerk/treasurer shall

27  distribute a copy to each council member and to the city

28  manager, shall file a reasonable number of copies in the

29  office of the city clerk/treasurer and such other public

30  places as the council may designate, and shall publish the

31  ordinance together with a notice setting forth the time and

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  place for a public hearing thereon and for its consideration

  2  by the council. The proposed ordinance shall be read in full

  3  or by title at no fewer than two public meetings of the city

  4  council, the first of which will be for permission to

  5  advertise the public hearing.  The public hearing shall follow

  6  the publication by at least 10 days and may be held separately

  7  or in connection with a regular or special council meeting

  8  that may be adjourned from time to time, and all persons

  9  interested shall have an opportunity to be heard. After the

10  hearing the council may adopt the ordinance with or without

11  amendments or reject it. If it is amended as to any matter of

12  substance, the council may not adopt it until the ordinance or

13  its amended sections have been subjected to all the procedures

14  required in the case of a newly introduced ordinance. As soon

15  as practicable after adoption, the city clerk/treasurer shall

16  have a summary of the ordinance and a notice of its adoption

17  published. A copy of the complete ordinance will be available

18  at a reasonable price.

19         (C)  Except as otherwise provided in this charter,

20  every adopted ordinance shall become effective 30 days after

21  adoption or at any later date specified in the ordinance.

22         (D)  As used in this section, "publish" means to print

23  in one or more newspapers of general circulation in the city:

24         (1)  The ordinance or a brief summary thereof; and

25         (2)  The places where copies of it have been filed and

26  the times when they are available for public inspection and

27  purchase at a reasonable price.

28         Section 32.  Emergency ordinances.--To meet a public

29  emergency affecting life, health, property, or the public

30  peace, the city council may adopt one or more emergency

31  ordinances, but such ordinances may not: levy taxes; grant,

                                  17

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  1  renew, or extend a franchise; regulate the rate charged by any

  2  utility for its services; or authorize the borrowing of money

  3  except as provided in this charter. An emergency ordinance

  4  shall be plainly designated as an emergency ordinance and

  5  shall contain, after the enacting clause, a declaration

  6  stating that an emergency exists and describing it in clear

  7  and specific terms. An emergency ordinance may be adopted with

  8  or without amendments or rejected at the meeting at which it

  9  is introduced, but the affirmative vote of two-thirds of the

10  members voting shall be required for adoption. After its

11  adoption the ordinance shall be published and printed as

12  prescribed for other adopted ordinances. It shall become

13  effective upon adoption or at such later time as may be

14  specified. Every emergency ordinance except one made pursuant

15  to section 48(B) of this charter shall automatically stand

16  repealed as of the 61st day following the date on which it was

17  adopted, but this shall not prevent reenactment of the

18  ordinance in the manner specified in this section if the

19  emergency still exists. An emergency ordinance may also be

20  repealed by adoption of a repealing ordinance in the same

21  manner specified in this section for adoption of ordinances.

22         Section 33.  Codes of technical regulations.--The city

23  council may adopt any standard code of technical regulation by

24  reference thereto in an adopting ordinance. The procedure and

25  requirements governing such an adopting ordinance shall be as

26  prescribed for ordinances generally except that:

27         (A)  The requirements in this charter for distribution

28  and filing of copies of the ordinance shall be construed to

29  include copies of the code of technical regulations as well as

30  of the adopting ordinance; and

31

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  1         (B)  A copy of each adopted code of technical

  2  regulations as well as of the adopting ordinance shall be

  3  authenticated and recorded by the city clerk/treasurer.

  4

  5  Copies of any adopted code of technical regulations shall be

  6  made available by the city clerk/treasurer for distribution or

  7  purchase at a reasonable price.

  8         Section 34.  Authentication and recording;

  9  codification; printing.--

10         (A)  An ordinance shall, upon its final passage, be

11  recorded in a book kept for that purpose and shall be signed

12  by the mayor and the city clerk/treasurer. Copies of the

13  ordinance shall be available to the public at a reasonable

14  price.

15         (B)  Within 3 years after adoption of this charter and

16  at least every 10 years thereafter, the city council shall

17  provide for the preparation of a general codification of all

18  city ordinances and resolutions having the force and effect of

19  law. The general codification shall be adopted by the council

20  by ordinance and shall be published promptly in bound or

21  loose-leaf form, together with this charter and any amendments

22  thereto, pertinent provisions of the Florida Constitution and

23  other laws of the State of Florida, and such codes of

24  technical regulations and other rules and regulations as the

25  council may specify. This compilation shall be known and cited

26  officially as the Bonita Springs City Code. Copies of the code

27  shall be furnished to city officers, placed in libraries and

28  public offices for public reference, and made available for

29  purchase by the public at a reasonable price.

30         (C)  Printing of ordinances and resolutions. The city

31  council shall cause each ordinance and resolution having the

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    25-980-99                                          See HB 1635




  1  force and effect of law and each amendment to this charter to

  2  be printed promptly following its adoption, and the printed

  3  ordinances, resolutions, and charter amendments shall be

  4  distributed or available to the public at a reasonable price.

  5  Following publication of the first Bonita Springs City Code

  6  and at all times thereafter, the ordinances, resolutions, and

  7  charter amendments shall be printed in substantially the same

  8  style as the code then currently in effect and shall be

  9  suitable in form for integration therein. The council shall

10  make such further arrangements as it deems desirable with

11  respect to reproduction and distribution of any current

12  changes in, or additions to, the codes of technical

13  regulations and other rules and regulations to be included in

14  the code.

15         Section 35.  Appointment; qualifications; compensation

16  of the city manager.--The city council by a majority vote of

17  its total membership shall appoint a city manager for an

18  indefinite term and fix the manager's compensation, and

19  approve the reimbursement of city-related expenses. The city

20  manager shall be appointed on the strength of executive,

21  administrative, and municipal experience and qualifications.

22  At the time of appointment, the manager does not need to be a

23  resident of the city or state, but may not reside outside the

24  city while in office without approval of the council. The

25  council shall put its goals in writing to the city manager

26  annually, and the council shall have an annual written

27  evaluation of the performance of the city manager.

28         Section 36.  Removal of city manager.--The city manager

29  may be suspended by a resolution approved by majority vote of

30  the city council, which shall set forth the reasons for

31  suspension and proposed removal. A copy of such resolution

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  1  shall immediately be served upon the city manager. The city

  2  manager shall have 15 days to reply thereto in writing, and

  3  upon request shall be afforded a public hearing, which shall

  4  occur not earlier than 15 days or later than 30 days after

  5  such hearing is requested. After the public hearing, if one is

  6  requested, and after full consideration, the city council, by

  7  a majority vote of its total membership, may adopt a final

  8  resolution of removal. The city manager will continue to

  9  receive full salary until the effective date of a final

10  resolution of removal.

11         Section 37.  Acting city manager.--By letter filed with

12  the city clerk/treasurer, the city manager shall designate a

13  city officer or employee to exercise the powers and perform

14  the duties of city manager during the manager's temporary

15  absence or disability. The city council may revoke such

16  designation at any time and appoint another officer of the

17  city to serve until the city manager returns.

18         Section 38.  Powers and duties of the city

19  manager.--The city manager shall be the chief administrative

20  officer of the city, responsible to the council for the

21  administration of all city affairs placed in the manager's

22  charge by or under this charter or as directed by the council.

23  The city manager shall:

24         (A)  Appoint and, when necessary for the good of the

25  city, suspend or remove any city employees and appointive

26  administrative officers, except as otherwise provided by law,

27  this charter, or personnel rules adopted pursuant to this

28  charter. The city manager may authorize any administrative

29  officer, subject to the manager's direction and supervision,

30  to exercise these powers with respect to subordinates in that

31  officer's department, office, or agency;

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  1         (B)  Direct and supervise the administration of all

  2  departments, offices, and agencies of the city, except as

  3  otherwise provided by this charter or by law;

  4         (C)  Attend the city council meetings; the city manager

  5  shall have the right to take part in discussion but shall not

  6  vote;

  7         (D)  Ensure that all state and federal laws, provisions

  8  of the charter, and acts of the city council are faithfully

  9  executed;

10         (E)  Prepare and submit the annual budget and capital

11  expenditures program to the city council;

12         (F)  Submit to the city council and make available to

13  the public a complete report on the finances and

14  administrative activities of the city as of the end of each

15  fiscal year;

16         (G)  Make such other reports as the city council may

17  require concerning the operations of city departments,

18  offices, and agencies subject to the city manager's direction

19  and supervision;

20         (H)  Keep the city council fully advised as to the

21  financial condition and future needs of the city;

22         (I)  Make recommendations to the city council

23  concerning the affairs of the city;

24         (J)  Provide staff support services for the mayor and

25  council members;

26         (K)  Perform such other duties as are specified in this

27  charter or as may be required in writing by the city council;

28         (L)  Contract for services where authorized by law and

29  approved by the council; and

30         (M)  Have written goals for all city employees and

31  written performance reviews of all city personnel.

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  1         Section 39.  City clerk/treasurer.--There shall be a

  2  city clerk/treasurer who shall be appointed by the city

  3  manager with the consent of the council. At the time of

  4  appointment, the city clerk/treasurer need not be a resident

  5  of the city or state, but may not reside outside the city

  6  while employed without approval of the council.  The city

  7  clerk/treasurer shall serve at the pleasure of the city

  8  manager and shall:

  9         (A)  Give notice of council meetings to its members and

10  the public;

11         (B)  Keep the journal and minutes of the proceedings of

12  the council;

13         (C)  Authenticate by signature and record, in books

14  kept for that purpose, all ordinances and resolutions passed

15  by the council;

16         (D)  Be the custodian of the city's seal;

17         (E)  Have the power to administer oaths;

18         (F)  Receive, safely keep, and disburse, under the

19  direction of the council, all funds belonging to or under the

20  control of the municipality, and keep an accurate account of

21  all receipts and disbursements in such manner as the city

22  manager shall direct.  All checks drawn upon depository of

23  city funds shall be countersigned by those persons designated

24  by resolution of the city council; and

25         (G)  Perform such other duties as may be assigned by

26  the city manager.

27         Section 40.  General provisions.--

28         (A)  The city council may establish city departments,

29  offices, or agencies in addition to those created by this

30  charter and may prescribe the functions of all departments,

31  offices, and agencies.

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    25-980-99                                          See HB 1635




  1         (B)  All departments, offices, and agencies under the

  2  direction and supervision of the city manager may be

  3  administered by an officer appointed by, and subject to, the

  4  direction and supervision of the city manager. With the

  5  consent of council, the city manager may serve as the head of

  6  one or more such departments, offices, or agencies or may

  7  appoint one person as the head of two or more of them.

  8         Section 41.  Personnel.--

  9         (A)  All appointments, salary increases, and promotions

10  of city officers and employees shall be made solely on the

11  basis of merit and fitness demonstrated by a valid and

12  reliable review of such officer or employee's performance

13  against goals, or other evidence of competence.

14         (B)  Consistent with all applicable federal and state

15  laws, the city council shall provide by ordinance for the

16  establishment, regulation, and maintenance of a merit system

17  governing personnel policies necessary for effective

18  administration of the employees of the city's departments,

19  offices, and agencies, including, but not limited to,

20  classification and pay plans, examinations, force reduction,

21  removals, working conditions, provisional and exempt

22  appointments, in-service training, grievances, and

23  relationships with employee organizations.

24         Section 42.  Planning.--Consistent with all applicable

25  federal and state laws with respect to land use, development

26  and environmental protection, the city council shall:

27         (A)  Designate an agency or agencies to carry out the

28  planning function with such decisionmaking responsibilities as

29  may be specified by ordinance or by Florida Statutes;

30

31

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    25-980-99                                          See HB 1635




  1         (B)  Adopt a comprehensive plan and ensure that zoning

  2  and other land use control ordinances are consistent with the

  3  plan, all in accordance with the Florida Statutes;

  4         (C)  Adopt zoning and/or development regulations, to be

  5  specified by ordinance, to implement the plan.

  6         Section 43.  City attorney.--There shall be a city

  7  attorney, who shall be a member of The Florida Bar in good

  8  standing, appointed by the council, who may represent the city

  9  in all legal proceedings and shall perform all other duties as

10  assigned by the council.  The council may remove the city

11  attorney for any reason by a majority vote of its total

12  membership.  The city attorney shall serve as chief legal

13  advisor to the council and all city departments, offices, and

14  agencies.  The city attorney shall attend council meetings

15  unless excused by the council and shall perform such

16  professional duties as may be required by law or by the

17  council in furtherance of the law.

18         Section 44.  Fiscal year.--The fiscal year of the city

19  shall begin on the first day of October and end on the last

20  day of September of each year.

21         Section 45.  Submission of budget and budget

22  message.--On or before the 15th day of August of each year,

23  the city manager shall submit to the city council a budget for

24  the ensuing fiscal year and an accompanying message.

25         (A)  The city manager's message shall explain the

26  budget both in fiscal terms and in terms of the work programs.

27  It shall outline the proposed financial policies of the city

28  and summarize the city's debt position.

29         (B)  The budget shall provide a complete financial plan

30  of all city funds and activities for the ensuing fiscal year

31  and, except as required by law or this charter, shall be in

                                  25

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    25-980-99                                          See HB 1635




  1  such form as the city manager deems desirable or the city

  2  council may require. It will include estimated income and

  3  expenditures for the ensuing fiscal year compared with actual

  4  income and expenditure figures for the past fiscal year.

  5         Section 46.  City council action on budget.--The

  6  council shall publish in one or more newspapers of general

  7  circulation in the city a general summary of the budget and

  8  notice of where copies of the budget are available for

  9  inspection by the public and the time and place for public

10  hearings on the budget. There will be a minimum of two public

11  hearings prior to the city council adopting the budget by

12  resolution. A resolution adopting the annual budget shall

13  constitute appropriation of the amounts specified therein as

14  expenditures from funds indicated.

15         Section 47.  Appropriation; revenue; surety bond

16  ordinances.--To implement the adopted budget, the city council

17  shall adopt, prior to the beginning of the ensuing fiscal

18  year:

19         (A)  An appropriation ordinance making appropriations

20  by department or major organizational unit and authorizing a

21  single appropriation for each department or unit;

22         (B)  A tax levy ordinance authorizing the property tax

23  levy and setting the tax rate; and

24         (C)  Any other ordinances, if necessary, to authorize

25  new revenues or amend the rates of existing taxes or other

26  revenue sources.

27

28  The city council shall determine, by ordinance, which city

29  officers and employees shall be required to furnish a surety

30  bond to the city, the amount of such bonds, and the amount of

31  penalty thereof.

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  1         Section 48.  Amendments after adoption.--

  2         (A)  If, during the fiscal year, revenues in excess of

  3  those estimated in the budget are available for appropriation,

  4  the city council may, by ordinance, make supplemental

  5  appropriations for the year in an amount not to exceed such

  6  excess, or carryover excess revenues into the next fiscal

  7  year.

  8         (B)  To meet a public emergency the city council may

  9  make emergency appropriations by ordinance in accordance with

10  state and federal laws. If sufficient funds are not available

11  to meet such emergencies the city council may authorize

12  emergency notes to be paid not later than the last day of the

13  fiscal year next succeeding that in which the emergency

14  appropriation was made.

15         (C)  If, at any time during the fiscal year, it appears

16  probable to the city manager that the revenues available will

17  be insufficient to meet the amount appropriated, the manager

18  shall report same to the council without delay, indicating the

19  estimated amount of the deficit, any remedial action taken,

20  and recommendations as to any other steps that should be

21  taken. The council shall then take such further action as it

22  deems necessary to prevent or minimize any deficit and, for

23  that purpose, the council may by resolution reduce one or more

24  appropriations accordingly.

25         (D)  At any time during the fiscal year the city

26  council, upon recommendation of the city manager by resolution

27  at one meeting, may transfer at the next meeting part or all

28  of the unencumbered appropriation balance from one department

29  or major organizational unit to the appropriation for other

30  departments or major organizational units. The manager may

31  transfer part or all of any unencumbered appropriation

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  1  balances among programs within a department or organizational

  2  unit and shall report such transfers to the council in writing

  3  in a timely manner.

  4         (E)  No appropriation for debt service may be reduced

  5  or transferred, and no appropriation may be reduced below any

  6  amount required by law to be appropriated, or by more than the

  7  unencumbered balance thereof. Other provisions of law to the

  8  contrary notwithstanding, the supplemental and emergency

  9  appropriations and reduction or transfer of appropriations

10  authorized by this section may be made effective immediately

11  upon adoption.

12         (F)  The city charter hereby provides for a legal debt

13  limit that caps the amount of outstanding long-term

14  liabilities to 10 percent of the assessed property value

15  within the city.

16         Section 49.  Lapse of appropriations.--Every

17  appropriation, except an appropriation for a capital

18  expenditure, shall lapse at the close of the fiscal year to

19  the extent that it has not been expended or encumbered. An

20  appropriation for a capital expenditure shall continue in

21  force until expended, revised, or repealed. The purpose of any

22  such appropriation shall be deemed abandoned if 3 years pass

23  without any disbursement from or encumbrance of the

24  appropriation.

25         Section 50.  Administration of the budget.--The city

26  council shall provide, by ordinance, the procedures for

27  administering the budget.

28         Section 51.  Overspending of appropriations

29  prohibited.--No payment against any allotment or appropriation

30  shall be made unless the city manager certifies that such

31  funds are available to cover the obligation when it becomes

                                  28

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  1  due and payable.  Except where prohibited by law, nothing in

  2  this charter shall be construed to prevent the making or

  3  authorizing of payments or making of contracts for capital

  4  improvements to be financed wholly or partly by the issuance

  5  of bonds or to prevent the making of any contract or lease

  6  providing for payments beyond the end of the fiscal year, but

  7  only if such action is made or approved by ordinance.

  8         Section 52.  Capital program.--In conjunction with the

  9  submission of the budget, the city manager shall prepare and

10  submit to the city council a 5-year capital program to include

11  cost estimates, time schedules, methods of financing, and

12  estimated annual costs of operation and maintenance for such

13  capital improvements. This shall be revised and extended each

14  year depending on which capital improvements are still pending

15  or in process of construction or acquisition.

16         Section 53.  City council action on capital

17  program.--The city council shall publish in one or more

18  newspapers of general circulation within the city a summary of

19  the capital program and a notice of not less than two public

20  hearings on the capital program. The city council, by

21  resolution, shall adopt the capital program with or without

22  amendments after the public hearings and on or before the 15th

23  day of August of the then-current fiscal year.

24         Section 54.  Public records.--Copies of the budget,

25  capital program, and appropriation and revenue ordinances

26  shall be public records and shall be made available to the

27  public at suitable and published places in the city, and shall

28  be available for purchase at a reasonable price.

29         Section 55.  Council districts; redistricting.--

30         (A)  There will be six city council districts. The

31  districts shall be as roughly equal in permanent population as

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  1  is practical (along precinct lines) according to the

  2  population figures available from the most recent Lee County

  3  population estimates. Where practical no city block shall be

  4  divided in the formation of districts.

  5         (B)  The districts' geographical boundaries are:

  6

  7         District 1:

  8

  9         Beginning at the Gulf of Mexico including all

10         of Lovers Key, Long Key and Black Island,

11         crossing Estero Bay to the mainland following

12         the Estero Fire District/Bonita Springs Fire

13         District lines proceeding easterly along the

14         Estero Fire District/Bonita Springs Fire

15         District line along Bonita Bill Street to

16         Interstate 75 thence proceeding southerly along

17         Interstate 75 to Sand Road then proceeding

18         westerly along Sand Road to the intersection of

19         Section Lines 23, 24, 25, and 26, all in

20         Township 47 South, Range 25 East, from thence

21         proceeding northerly along the border of

22         Section Lines 23 and 24 in Township 47 South,

23         Range 25 East to Haven Lane thence westerly

24         following the northern right-of-way of Haven

25         Lane to Shangrilla Road and thence westerly

26         following the northern right-of-way of

27         Shangrilla Road to the intersection with OLD US

28         41 proceeding westerly into Bernwood Industrial

29         Park into a canal that becomes Spring Creek and

30         following Spring Creek westerly all the way

31         into Estero Bay into New Pass into the Gulf of

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  1         Mexico to the point of beginning.  This

  2         district boundary is substantially the same as

  3         the present boundaries for Lee County Election

  4         Precinct Numbers 148 and 137.

  5

  6         District 2:

  7

  8         Beginning at the intersection of OLD US 41 and

  9         Shangrilla Road, easterly along Shangrilla Road

10         to Haven Lane where it intersects at the

11         boundaries of Section Lines 23 and 24 in

12         Township 47 South, Range 25 East and thence

13         southerly along the section line to its

14         intersection with Sand Road and thence easterly

15         along Sand Road to Interstate 75 and thence

16         northerly along Interstate 75 to the Estero

17         Fire District/Bonita Springs Fire District line

18         and thence easterly along the Estero Fire

19         District/Bonita Springs Fire District line for

20         approximately two miles to the section line

21         between Sections 18 and 17 in Township 47

22         South, Range 26 East and thence southerly along

23         the section line between Sections 18 and 17 in

24         Township 47 South, Range 26 East for two miles

25         or so until the section line becomes Bonita

26         Grande Drive and thence southerly along Bonita

27         Grande Drive approximately another one mile to

28         its intersection with East Terry Street and

29         thence westerly along East Terry Street along

30         the northern right-of-way of East Terry Street

31         along to East Terry Street's intersection with

                                  31

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  1         OLD US 41 from thence northerly along the

  2         eastern right-of-way of OLD US 41 to the point

  3         of the beginning.  This district boundary is

  4         substantially the same as the present boundary

  5         of Lee County Election Precinct Number 134.

  6

  7         District 3:

  8

  9         From New Pass just north of Big Hickory Island

10         to Estero Bay proceeding southerly until Estero

11         Bay narrows to a tributary flowing into the

12         Imperial River and from thence easterly along

13         the Imperial River until it would meet a boat

14         ramp from Windsor Road extension into the

15         Imperial River along the western boundaries of

16         the mobile home park known as Anglers Paradise

17         from thence along the eastern right-of-way of

18         Windsor Road until Windsor Road would intersect

19         with Foley Road Extension and thence along the

20         southern right-of-way of Foley Road Extension

21         to Foley Road and easterly along Foley Road

22         until its intersection with US 41 and thence

23         southerly along US 41 until the Lee/Collier

24         County line and from thence westerly along the

25         Lee/Collier County line to Woods Edge Parkway

26         until the intersection of Woods Edge Parkway

27         with Vanderbilt Drive and thence northerly

28         along Vanderbilt Drive until its intersection

29         with Bonita Beach Road and thence following the

30         Lee/Collier County line along Bonita Beach Road

31         westerly until the Gulf of Mexico and thence

                                  32

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  1         northerly along the Gulf of Mexico to New Pass

  2         to the point of beginning.  This district

  3         boundary is substantially the same as the

  4         present boundary of Lee County Election

  5         Precinct Number 135.

  6

  7         District 4:

  8

  9         Beginning at Estero Bay as Spring Creek enters

10         Estero Bay and following Spring Creek in an

11         easterly direction to US 41 and thence moving

12         southward along the western right-of-way of US

13         41 to its intersection with Bonita Beach Road

14         and thence eastwardly along the southern

15         right-of-way of Bonita Beach Road to its

16         intersection with Interstate 75 and thence

17         southwardly along Interstate 75 to its

18         intersection with the Lee/Collier County line

19         and thence westwardly along the Lee/Collier

20         County line to its intersection with US 41 and

21         thence northerly along US 41 to its

22         intersection with Foley Road and thence

23         westwardly along Foley Road and Foley Road's

24         extension intersecting with Windsor Road and

25         thence northerly along the eastern right-of-way

26         of Windsor Road until Windsor Road's extension

27         running into the Imperial River just west of

28         Angler's Paradise Mobile Home Park and thence

29         westwardly along the Imperial River to its

30         entry into a tributary going north into Estero

31         Bay to the point of beginning.  This district

                                  33

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1         boundary is substantially the same as the

  2         present boundaries of Lee County Election

  3         Precinct Numbers 133 and 136.

  4

  5         District 5:

  6

  7         Beginning at the intersection of US 41 and

  8         Spring Creek at the southeast point and

  9         following along Spring Creek in an easterly

10         direction along until it reaches a drainage

11         canal separating Pueblo Bonito from the

12         Bernwood Industrial Park just south of

13         Cockelshell Court to its intersection with OLD

14         US 41 and thence following in a southwardly

15         direction along the western right-of-way of OLD

16         US 41 Road until the intersection of OLD US 41

17         Road and Bonita Beach Road and thence westerly

18         along the northern right-of-way of Bonita Beach

19         Road until Bonita Beach Road intersects with US

20         41 and thence northerly along the eastern

21         right-of-way of US 41 along its intersection

22         with Spring Creek to the point of beginning.

23         This district boundary is substantially the

24         same as the present boundaries of Lee County

25         Election Precinct Numbers 13 and 61.

26

27         District 6:

28

29         Beginning at the intersection of OLD US 41 Road

30         and East Terry Street and proceeding easterly

31         along the southern right-of-way of East Terry

                                  34

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    25-980-99                                          See HB 1635




  1         Street until the intersection of East Terry

  2         Street with Bonita Grande Drive and thence

  3         southwardly along the western right-of-way of

  4         Bonita Grande Drive to the intersection of

  5         Bonita Grande Road with Bonita Beach Road and

  6         thence easterly along the southern right-of-way

  7         of Bonita Beach Road for approximately two

  8         miles along to the section line between

  9         Sections 4 and 3 in Township 48 South, Range 26

10         East and proceeding southwardly along the

11         section line between Sections 4 and 3 in

12         Township 48 South, Range 26 East, along its

13         intersection with the Lee/Collier County line

14         and thence westwardly along the Lee/Collier

15         County line to Interstate 75 and thence

16         northerly along Interstate 75 until the

17         intersection of Interstate 75 with Bonita Beach

18         Road and thence westwardly along the northern

19         right-of-way of Bonita Beach Road to the

20         intersection of Bonita Beach Road with OLD US

21         41 Road and thence proceeding northerly along

22         the eastern right-of-way of OLD US 41 Road to

23         the point of beginning. This district boundary

24         is substantially the same as the present

25         boundaries of Lee County Election Precinct

26         Numbers 80 and 149.

27

28         (C)  In the year 2001, and in the odd-numbered years

29  after each decennial census thereafter, and at any time when

30  required by law, the city council may re-divide the city into

31

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    25-980-99                                          See HB 1635




  1  six districts as roughly equal in permanent population (along

  2  precinct lines) as practical.

  3         Section 56.  Initiative and referendum.--The powers of

  4  initiative and referendum are hereby reserved to the qualified

  5  registered voters of the city. The provisions of the election

  6  laws of the state, as they currently exist or may hereafter be

  7  amended or superseded, shall govern the exercise of the powers

  8  of initiative and referendum under this charter.

  9         Section 57.  Recall.--The qualified voters of the city

10  shall have the power to remove from office any elected

11  official for unethical or illegal conduct or actions resulting

12  in the endangerment of the public health and safety,

13  malfeasance of office, or dereliction of duties. In the event

14  of recall of a city council district representative, at least

15  25 percent of the total number of electors registered to vote

16  in the last regular city election within the district shall be

17  needed to sign a petition to recall that city council member

18  from his or her district seat. In the event of recall of the

19  mayor, at least 25 percent of the total number of electors

20  registered to vote within the city limits in the last regular

21  city election shall be needed to sign a petition to recall

22  that individual from the mayor's city council seat.  If said

23  number of signatures are collected and certified by the

24  supervisor of elections, then a special recall election shall

25  be held no later than 90 days after such certification. A

26  recall election shall be held as provided for by the Florida

27  Election Code.

28         Section 58.  Code of ethics.--It is essential to the

29  proper conduct and operation of the city that the officers and

30  employees of the city be independent and impartial and for

31  their office not to be used for private gain other than the

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    25-980-99                                          See HB 1635




  1  remuneration provided by law or by ordinances.  It is declared

  2  to be the policy of the city that its officers and employees

  3  are agents of the people and hold their position for the

  4  benefit of the public.  Therefore, all city officers,

  5  employees, and the city attorney shall adhere to the Standards

  6  of Conduct as set forth under Part III, chapter 112, Florida

  7  Statutes, as amended from time to time.

  8         Section 59.  Amendments to city charter.--The charter

  9  may be amended in accordance with the provisions for charter

10  amendments as specified in the Municipal Home Rule Powers Act,

11  chapter 166, Florida Statutes, as the same may be amended from

12  time to time, or its successor, or as may otherwise be

13  provided by general law. The city council may, by ordinance,

14  or the qualified registered voters of the city may, by

15  petition signed by 10 percent of the electors registered to

16  vote in the last regular city election, submit to the electors

17  of the city a proposed amendment to any part or all of the

18  charter. The form, content, and certification of any petition

19  to amend shall be established by ordinance.

20         Section 60.  Election.--The city council shall place

21  the proposed amendment contained in the ordinance or petition

22  to a vote of the electors of the city at the next city

23  election or at a special election called for such purpose.

24         Section 61.  Adoption of amendment.--If a majority of

25  the registered voters of the city vote in favor of a proposed

26  charter amendment, the amendment shall become effective at the

27  time fixed in the amendment or, if no time is therein fixed,

28  30 days after its adoption by the voters.

29         Section 62.  Referendum election.--The referendum

30  election called for by this act shall be held on November 2,

31

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  1999, at which time the following question shall be placed

  2  upon the ballot:

  3

  4         Shall Chapter.........., Laws of Florida,

  5         creating the City of Bonita Springs and

  6         providing for its charter be approved?

  7         Yes       

  8         No        

  9

10  In the event this question is answered affirmatively by a

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

12  the charter will take effect as provided for in this charter.

13  The referendum election shall be conducted by the Supervisor

14  of Elections of Lee County in accordance with the Florida

15  Election Code as may be amended from time to time and the cost

16  of such election shall be funded by Lee County.

17         Section 63.  Initial election of council.--

18         (A)  Following the adoption of this charter, the Lee

19  County Commission shall call an election to be held on March

20  14, 2000, for the election of six city council members and the

21  mayor.  The election shall be conducted by the Supervisor of

22  Elections of Lee County in accordance with the Florida

23  Election Code and the cost of such election shall be funded by

24  Lee County. Any necessary runoff election shall be held on

25  April 4, 2000.

26         (B)  Between noon on January 17, 2000, and noon on

27  January 21, 2000, any individual who wishes to run for one of

28  the 6 initial seats on the council shall qualify as a

29  candidate with the Lee County Supervisor of Elections in

30  accordance with the provisions of this charter and general

31  law.

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    25-980-99                                          See HB 1635




  1         (C)  For the initial election, the county canvassing

  2  board shall certify the results of the election in accordance

  3  with general law.

  4         (D)  Those candidates who are elected shall take office

  5  at the initial council meeting, which shall be held on April

  6  15, 2000.

  7         (E)  Council seats for districts 1, 3, and 5 shall

  8  initially be for a 2-year term; seats for districts 2, 4, and

  9  6 shall be for a 4-year term.  The mayor's term of office

10  shall be for 4 years.  Thereafter, all terms shall be 4 years,

11  on a staggered basis.

12         Section 64.  Officers and employees.--

13         (A)  Nothing in this charter except as otherwise

14  specifically provided shall affect or impair the rights or

15  privileges of persons who are city officers or employees at

16  the time the city is created.

17         (B)  Except as specifically provided by this charter,

18  if at the time this charter takes full effect a city

19  administrative officer or employee holds any office or

20  position which is or can be abolished by or under this

21  charter, he or she shall continue in such office or position

22  until a specific provision under this charter takes effect

23  directing that he or she vacate the office or position.

24         (C)  An employee holding a city position at the time

25  this charter takes full effect, who was serving in that same

26  or a comparable position at the time of its adoption, shall

27  not be subject to competitive tests as a condition of

28  continuance in the same position, but in all other respects

29  shall be subject to the personnel system provided for in this

30  charter.

31         Section 65.  Departments, offices, and agencies.--

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1         (A)  From and after the effective date of incorporation

  2  of the City of Bonita Springs, and during the transition

  3  period and until such time as the city council becomes

  4  operative, Lee County shall continue to provide the city

  5  residents with all of the same services it provided just prior

  6  to the approval of the referendum and adoption of the charter.

  7         (B)  The property, records, and equipment of any

  8  department, office, or agency of Lee County existing when this

  9  charter is adopted may, at the discretion of the Lee County

10  Commission, be transferred to the department, office, or

11  agency of the city assuming its powers and duties.

12         Section 66.  Pending matters.--All rights, claims,

13  actions, orders, contracts, and administrative proceedings

14  affecting the area incorporated into the city shall continue

15  with the county and/or state agency having jurisdiction over

16  such matter, except as modified, pursuant to the provisions of

17  this charter.

18         Section 67.  State and county laws.--In general, all

19  county ordinances, resolutions, orders, and regulations that

20  are in force when this charter becomes effective are repealed

21  to the extent that they are inconsistent or interfere with the

22  effective operation of this charter or of ordinances or

23  resolutions adopted pursuant thereto. To the extent that the

24  Constitution and laws of the State of Florida permit, all laws

25  relating to or affecting the City of Bonita Springs or its

26  agencies, officers, or employees which are in force when this

27  charter becomes effective are superseded to the extent that

28  they are inconsistent or interfere with the effective

29  operation of this charter or of ordinances or resolutions

30  adopted pursuant thereto.

31

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1         Section 68.  Severability.--If any provision of this

  2  charter is held invalid, the other provisions of the charter

  3  shall not be affected thereby. If the application of the

  4  charter or any of its provisions to any person or

  5  circumstances is held invalid, the application of the charter

  6  and its provisions to other persons or circumstances shall not

  7  be affected thereby.

  8         Section 69.  Creation and establishment of the City of

  9  Bonita Springs.--For the purpose of compliance with section

10  200.066, Florida Statutes, relating to assessment and

11  collection of ad valorem taxes, the City of Bonita Springs is

12  hereby created and established effective December 31, 2000.

13         Section 70.  Early assumption of duties by city

14  council.--The initial city council shall have the authority

15  and power to enter into contracts, arrange for the hiring of

16  interim legal counsel, begin recruiting applicants for the

17  position of city manager, provide for necessary city offices

18  and facilities, and do such other things as it deems necessary

19  and appropriate for the city to become operational on December

20  31, 2000.

21         Section 71.  First year expenses.--The council, in

22  order to provide moneys for the expenses and support of the

23  city, shall have the power to borrow money necessary for the

24  operation of municipal government until such time as a budget

25  is adopted and revenues are raised in accordance with the

26  provisions of this charter.

27         Section 72.  Transitional ordinances and

28  resolutions.--The council shall adopt ordinances and

29  resolutions required to effect the transition. Ordinances

30  adopted within 90 days after the first council meeting may be

31  passed as emergency ordinances as provided in this charter

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  except that the transitional ordinances shall be effective for

  2  no longer than 90 days after adoption and, thereafter, may be

  3  readopted, renewed, or otherwise continued only in the manner

  4  normally prescribed for ordinances.

  5         Section 73.  Transitional comprehensive plan.--Until

  6  such time as the city adopts a comprehensive plan, the Lee

  7  County Comprehensive Plan, as the same exists on the day the

  8  city commences corporate existence, shall remain in effect as

  9  the city's transitional comprehensive plan. However, all

10  planning functions, duties, and authority shall thereafter be

11  vested in the council, which shall be deemed the local

12  planning agency until the council establishes a separate local

13  planning agency.

14         Section 74.  Transitional land development

15  regulations.--To implement the transitional comprehensive plan

16  when adopted, the city shall, in accordance with the

17  procedures required by the laws of the State of Florida, adopt

18  ordinances providing for land development regulations within

19  the corporate limits. Until the city adopts the ordinances:

20         (A)  The comprehensive land use plan and land

21  development regulations of Lee County, as the same exist on

22  the date the city commences corporate existence, shall remain

23  in effect as the city's transitional land development

24  regulations and comprehensive land use plan.

25         (B)  All powers and duties of the Lee County Department

26  of Community Development, Lee County Hearing Examiner, and

27  County Commission of Lee County, as set forth in these

28  transitional land development regulations, shall be vested in

29  the city council until such time as the city council delegates

30  all, or a portion thereof, to another agency, department, or

31  entity.

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    25-980-99                                          See HB 1635




  1         (C)  The Council is fully empowered to amend,

  2  supersede, enforce, or repeal the transitional land

  3  development regulations, or any portion thereof, by ordinance.

  4         (D)  Subsequent to the commencement of the city's

  5  corporate existence, no amendment of the comprehensive plan or

  6  land development regulations enacted by the Lee County

  7  Commission shall be deemed an amendment of the city's

  8  transitional comprehensive plan or land development

  9  regulations or otherwise take effect within the city's

10  municipal boundaries.

11         Section 75.  State-shared revenues.--The City of Bonita

12  Springs shall be entitled to participate in all

13  revenue-sharing programs of the State of Florida effective as

14  of the date the charter is approved by a majority vote of

15  those qualified electors residing within the proposed

16  corporate limits of the city. The provisions of section

17  218.23(1), Florida Statutes, shall be waived for the purpose

18  of eligibility to receive revenue-sharing funds from the date

19  of incorporation through the state fiscal year 2006-2007.  The

20  provisions of section 218.26(3), Florida Statutes, shall be

21  waived as of the date the charter is approved by a majority

22  vote of those qualified electors residing within the proposed

23  corporate limits of the city through the state fiscal year

24  2006-2007, and apportionment factors for the municipalities

25  and counties shall be recomputed pursuant to section 218.245,

26  Florida Statutes, as of the date the charter is approved by a

27  majority vote of those qualified electors residing within the

28  proposed corporate limits of the city.  For purposes of

29  meeting the provisions of section 218.23(1), Florida Statutes,

30  the city shall levy ad valorem taxes, exclusive of taxes

31  levied for debt service or other special millages authorized

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  by voters, to produce the revenue equivalent to a millage rate

  2  of 3 mills on the dollar based on the year 2000 taxable values

  3  of real estate as certified by the property appraiser pursuant

  4  to section 193.122(2), Florida Statutes, or, in order to

  5  produce revenue equivalent to that which would otherwise be

  6  produced by such 3 mill ad valorem tax to have:

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

  8  general law;

  9         (b)  Collected an occupational license tax;

10         (c)  Collected a utility tax;

11         (d)  Levied an ad valorem tax;

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

13  sources;

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

15  be allowed by state law; or

16         (g)  Any other municipal special tax district or unit.

17

18  Initial population estimates for calculating eligibility for

19  shared revenues shall be determined by the University of

20  Florida Bureau of Economic and Business Research. Should the

21  bureau be unable to provide an appropriate population

22  estimate, the Lee County Department of Community Development

23  shall provide the estimate.

24         Section 76.  Lee County taxes and fees levied within

25  the boundaries of the city to provide for municipal

26  services.--In the event this charter is adopted, the taxes and

27  fees imposed by Lee County to provide municipal services

28  within the territorial boundaries of the city shall be

29  prorated between Lee County and the city using the date

30  (December 31, 2000) on which the city becomes effective as the

31  date the tax revenues begin belonging to the city. To the

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    Florida Senate - 1999        (NP)                      SB 2626
    25-980-99                                          See HB 1635




  1  extent that the city is the beneficiary of those tax revenues,

  2  it will be deemed to have levied those taxes as city taxes.

  3         Section 77.  Local option gas taxes.--Notwithstanding

  4  the requirements of section 336.025, Florida Statutes, to the

  5  contrary, the City of Bonita Springs shall be entitled to

  6  receive local option gas tax revenues beginning October 1,

  7  2000. The said revenues shall be distributed in accordance

  8  with section 336.025, Florida Statutes.

  9         Section 78.  Contractual services and

10  facilities.--Contractual services for fire, police, emergency

11  management, public works, parks and recreation, planning and

12  zoning, building inspection, development review, animal

13  control, and solid waste collection may be supplied by a

14  contract between the city and Lee County, special districts,

15  municipalities, or private enterprise until such time as the

16  city council establishes such independent services. Facilities

17  for housing the newly formed municipal operations may be

18  rented or leased until the city is in the position to obtain

19  its own facilities.

20         Section 79.  Elimination of transition elements from

21  the charter.--Upon completion of the transition phase as

22  contained herein, those sections of the charter relating to

23  transition may be eliminated from the charter.

24         Section 80.  Independent special districts.--It is

25  recognized that certain services within the municipal

26  boundaries are provided by independent special districts

27  created by special acts of the Florida Legislature. The

28  municipality is empowered to merge the functions of said

29  districts with those of the municipality only upon dissolution

30  of the special district, or upon affirmative vote of a

31  majority of the city council and an affirmative vote of the

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    25-980-99                                          See HB 1635




  1  majority of the council or board governing the district after

  2  meeting all requirements for merger or dissolution in the

  3  district's enabling legislation and chapter 189, Florida

  4  Statutes. It is recognized that certain planning and

  5  interlocal agreements may be necessary between the city and

  6  such districts, and the city council shall endeavor to

  7  maximize the benefits of the districts to the fullest extent

  8  possible. In the event the city council desires to supplement

  9  or duplicate services determined to be inadequate, the council

10  is fully empowered to do so.

11         Section 81.  Revenue-sharing.--It is recognized that

12  the services provided by independent districts within the

13  municipal boundaries provide essential services that would

14  customarily be provided by municipal government. It is,

15  therefore, declared that the City of Bonita Springs shall be

16  eligible to participate in revenue-sharing beyond the minimum

17  entitlement in any fiscal year, provided that the city and all

18  independent special districts created under special law,

19  combined, levy ad valorem taxes and/or produce other revenues

20  in amounts as provided for by section 218.23, Florida

21  Statutes.

22         Section 2.  Severability as to this act.--If any

23  provision of this act, or the application thereof to any

24  person or circumstance, is held invalid, the invalidity shall

25  not affect other provisions or applications of this act which

26  can be given effect without the invalid provision or

27  application, and to this end the provisions of this act are

28  declared severable.

29         Section 3.  This act shall take effect upon approval by

30  a majority vote of those qualified electors residing within

31  the proposed corporate limits of the proposed City of Bonita

                                  46

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  1  Springs as described in section 7 voting in a referendum

  2  election to be called by the Lee County Commission to be held

  3  November 2, 1999, in accordance with the provisions of law

  4  relating to elections currently in force, except that this

  5  section shall take effect upon becoming a law.

  6

  7

  8

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10

11

12

13

14

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18

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