Senate Bill 2734

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    Florida Senate - 2000        (NP)                      SB 2734

    By Senator Jones





    40-973-00

  1                      A bill to be entitled

  2         An act relating to Monroe County; creating the

  3         "Village of Paradise Islands"; providing

  4         legislative intent; powers; providing for its

  5         charter; providing for municipal powers;

  6         providing municipal boundaries; providing a

  7         mayor-council-manager form of government;

  8         providing for election of a mayor and council;

  9         providing for membership, qualifications,

10         terms, powers, and duties of its members,

11         including the mayor; providing for a vice

12         mayor; providing for compensation and payment

13         of expenses; providing general powers and

14         duties; providing circumstances resulting in

15         vacancy in office; providing grounds for

16         forfeiture and suspension; providing for

17         filling of vacancies; providing for meetings;

18         providing for keeping of records; providing for

19         adoption, distribution, and recording of

20         technical codes; providing a limitation upon

21         employment of council members; providing that

22         certain interference with village employees

23         shall constitute malfeasance in office;

24         establishing the fiscal year; providing for

25         adoption of annual budget and appropriation;

26         providing amendments for supplemental,

27         reduction, and transfer of appropriations;

28         providing for limitations; providing for

29         appointment of charter offices, including a

30         village manager and village attorney; providing

31         for removal, compensation, and filling of

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  1         vacancies; providing for bond for village

  2         manager and village clerk; providing

  3         qualifications, powers, and duties; providing

  4         for nonpartisan elections and for matters

  5         relative thereto; providing for recall;

  6         providing for initiative and referenda;

  7         providing the village a transitional schedule

  8         and procedures for first election; providing

  9         for first-year expenses; providing for adoption

10         of transitional ordinances, resolutions,

11         comprehensive plan, and local development

12         regulations; providing for a solid waste

13         collection plan; providing for accelerated

14         entitlement to state shared revenues; providing

15         for gas tax revenue; providing for

16         infrastructure surtax revenues; providing for

17         the assessment and collection of ad valorem

18         taxes; providing for future amendments of the

19         charter; providing for standards of conduct in

20         office; providing for severability; providing

21         for a referendum approval; providing effective

22         dates.

23

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

25

26         Section 1.  LEGISLATIVE INTENT.--The Legislature hereby

27  finds and declares that:

28         (1)  The "Village of Paradise Islands" area in Monroe

29  County includes a compact and contiguous community of

30  approximately 5,520 residents susceptible to urban services,

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  1  and 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 Village of

  5  Paradise Islands area to form a separate municipality for the

  6  area with all the powers and authority necessary to provide

  7  adequate and efficient municipal services to its residents.

  8         (3)  It is intended that this charter and the

  9  incorporation of the Village of Paradise Islands area will

10  serve to preserve and protect the distinctive characteristics

11  of the individual communities within the boundaries of the

12  Village of Paradise Islands.

13         Section 2.  INCORPORATION OF MUNICIPALITY; CORPORATE

14  LIMITS.--There is hereby created, effective November 15, 2000,

15  in Monroe County, a new municipality to be known as the

16  Village of Paradise Islands, which shall have a

17  mayor-council-manager form of government.  The corporate

18  boundaries of the Village of Paradise Islands, hereinafter

19  referred to as "village," shall be as described in section 2

20  of the charter.

21         Section 3.  SHORT TITLE.--This act, together with any

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

23  the "Village of Paradise Islands Charter," hereinafter

24  referred to as "the charter."  The charter of the Village of

25  Paradise Island is created to read:

26         Section 1.  MUNICIPAL POWERS.--The village shall be a

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

28  municipality under the State Constitution and laws of this

29  state, as fully and completely as though such powers were

30  specifically enumerated in this charter, unless otherwise

31  prohibited by or contrary to the provisions of this charter.

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  1  The village shall have all governmental, corporate, and

  2  proprietary powers necessary to enable it to conduct municipal

  3  government, perform municipal functions, and render municipal

  4  services, and may exercise any power for municipal services

  5  unless expressly prohibited by law.  The powers of the village

  6  shall be liberally construed in favor of the village.  The

  7  quality of rights under the laws of the Village of Paradise

  8  Islands shall not be denied or abridged because of sex, sexual

  9  orientation, age, disability, race, creed, color, or national

10  origin.

11         Section 2.  VILLAGE BOUNDARIES.--The corporate

12  boundaries of the village shall be as follows:

13

14         All the Florida Keys and Islands north and east

15         of a line projected at a magnetic compass

16         heading of 325 degrees to the northwest and 215

17         degrees to the southwest from a point at the

18         centerline at the east end of the North Pine

19         Channel Bridge up to a line projected north and

20         south at the west end of the Seven Mile Bridge,

21         including but not limited to Big Pine Key, No

22         Name Key, The Spanish Harbor Keys, Bahia Honda

23         Key, Ohio Key, Missouri Key, Little Duck Key,

24         The Newfound Harbor Keys, including Cook,

25         Coconut, Big Munson and Little Palm Islands,

26         and all land filled in between the islands, all

27         of the above within Monroe County, Florida.

28         Section 3.  VILLAGE COUNCIL.--

29         (1)  VILLAGE COUNCIL; COMPOSITION; QUALIFICATIONS OF

30  COUNCIL MEMBERS.--

31

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  1         (a)  There shall be a five-member village council,

  2  hereinafter referred to as "council," consisting of a mayor,

  3  also considered a council member, elected from and

  4  representing the village at large and two council members,

  5  hereinafter referred to as "councilors," elected from precinct

  6  16, as defined by Resolution No. 044-1996 by the Board of

  7  County Commissioners of Monroe County, or as defined in the

  8  future by a Resolution by the Village Council, and two council

  9  members, hereinafter referred to as "councilors," elected from

10  precinct 17, as defined by Resolution No. 044-1996 by the

11  Board of County Commissioners of Monroe County, or as defined

12  in the future by a Resolution by the Village Council.

13         (b)  To qualify for office:

14         1.  Each candidate for an office on the council shall

15  be a registered voter in Florida and a resident of the village

16  for at least 1 year prior to the last date the candidate is

17  allowed to qualify.

18         2.  At the time of qualification, each candidate for a

19  councilor seat shall reside within the boundaries of the

20  precinct for which the candidate is qualifying and, if

21  elected, shall maintain such residency throughout his or her

22  term of office.  For the initial election, following the

23  referendum approving the creation of the village, candidates

24  for office shall qualify as provided in section 7(2) of this

25  charter.  Thereafter, candidates shall qualify as provided in

26  section 6(3)of this charter.

27         (2)  TERM OF OFFICE.--The term of office for all

28  council members shall be 2 years, except that the first term

29  for all shall be from their initial election as provided in

30  section 7(2) of this charter until the first general election

31  in November of the year 2002.  Each council member shall

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  1  remain in office until a successor is elected and assumes the

  2  duties of the position, except as otherwise provided herein.

  3  No council member shall serve as either councilor or mayor for

  4  more than three consecutive terms of office.  A term of office

  5  of less than 365 days to fill a vacancy shall not be applied

  6  to the maximum tenure of three consecutive terms of office.

  7         (3)  THE MAYOR; POWERS AND DUTIES.--

  8         (a)  The mayor shall be elected from and represent the

  9  village at large and shall have been an elector of the village

10  and shall have resided in the village for at least 1 year

11  prior to the last date the candidate is allowed to qualify to

12  run for the office of mayor. Failure to possess any such

13  qualification during a term of office shall be cause for

14  forfeiture of the office, and the council shall remove the

15  mayor from office.  The mayor shall maintain residency in the

16  village throughout his or her term of office.

17         (b)  The mayor shall have the same legislative powers

18  and duties as any other council member.

19         (c)  The mayor shall preside at the meetings of the

20  council and shall be recognized as the head of village

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

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

23  and other instruments and documents.  The mayor shall have no

24  administrative duties other than those necessary to accomplish

25  these actions, or such other actions as may be authorized by

26  the council, consistent with general or special law.

27         (4)  THE VICE MAYOR.--The council, at its first regular

28  meeting in December of each year, shall elect from its

29  membership a vice mayor who shall serve at the pleasure of the

30  council and as acting mayor during the absence or disability

31  of the mayor.  In the absence of the mayor and the vice mayor,

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  1  the council members shall select a council member to serve as

  2  acting mayor.

  3         (5)  COMPENSATION AND EXPENSES.--Councilors shall

  4  receive compensation in the amount of $350 per month and the

  5  mayor shall receive compensation in the amount of $500 per

  6  month. In addition, all council members shall be entitled to

  7  receive reimbursement in accordance with Florida Statutes for

  8  authorized travel and per diem expenses incurred in the

  9  performance of their official duties. The council, by not less

10  than four-fifths affirmative votes of all council members in

11  office, may elect to increase or decrease compensation by

12  ordinance.  However, no such ordinance increasing or

13  decreasing compensation shall take effect until the date of

14  commencement of the terms of council members selected at the

15  next regular election which follows the adoption of said

16  ordinance.

17         (6)  GENERAL POWERS AND DUTIES OF THE VILLAGE

18  COUNCIL.--

19         (a)  Except as otherwise prescribed herein or provided

20  by law, legislative and police powers of the village shall be

21  vested in the council. The council shall provide for the

22  exercise of its powers and for the performance of all duties

23  and obligations imposed on the village by law.

24         (b)  Neither the council nor any of its members shall

25  in any manner dictate the appointment or removal of any

26  village employees whom the manager or any of his or her

27  subordinates are empowered to appoint, except as provided in

28  this charter, but the council may express its views and fully

29  and freely discuss with the manager anything pertaining to

30  appointment and removal of such employees.

31

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  1         (c)  Except for the purpose of inquiries and

  2  investigations, the council or its members shall deal with

  3  village employees who are subject to the direction and

  4  supervision of the manager solely through the manager, and

  5  neither the council nor its members shall give orders to any

  6  such employee, either publicly or privately.

  7         (d)  Nothing in the foregoing is to be construed to

  8  prohibit individual members of the council from closely

  9  scrutinizing, by questions and personal observation, all

10  aspects of village government operations so as to obtain

11  independent information to assist the members in the

12  formulation of sound policies to be considered by the council.

13  It is the express intent of this charter, however, that

14  recommendations for improvement in village government

15  operations by individual council members be made to and

16  through the village manager, so that the manager may

17  coordinate efforts of all village departments to achieve the

18  greatest possible savings through the most efficient and sound

19  means available.

20         (e)  Any council member who shall violate the

21  provisions of paragraphs (b) and (c) set forth above is guilty

22  of a misdemeanor of the first degree, to be tried by a court

23  of competent jurisdiction and punishable as provided by state

24  law.  Conviction under this part shall be grounds for censure,

25  suspension, or removal of the council member by a majority

26  vote of the remaining members of the council.

27         (7)  VACANCIES; FORFEITURE OF OFFICE; SUSPENSION;

28  FILLING OF VACANCIES.--

29         (a)  Vacancies.--A vacancy in the office of a council

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

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

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  1  other public office which creates dual office holding,

  2  judicially determined incompetency, or forfeiture of office as

  3  described in paragraph (b).

  4         (b)  Forfeiture of office.--A council member shall

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

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

  7  she:

  8         1.  Lacks at any time, or fails to maintain during his

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

10  prescribed by this charter or otherwise required by law;

11         2.  Is, while holding office, found guilty of a felony,

12  or enters a plea of guilty or nolo contendere to a crime

13  punishable as a felony, even if adjudication is withheld;

14         3.  Is found guilty of a first degree misdemeanor

15  arising directly out of his or her official conduct or duties

16  as a member of the Village Council, or enters a plea of guilty

17  or nolo contendere thereto, even if adjudication of guilt has

18  been withheld;

19         4.  Is found to have violated any standard of conduct

20  or code of ethics established by State of Florida or local law

21  for public officials and/or has been suspended from office by

22  the Governor, unless subsequently reinstated as provided by

23  law; or

24         5.  Is absent from three consecutive regular council

25  meetings without justifiable reason as determined by a

26  four-fifths vote of the other members of the council, or for

27  any other reason established in this charter.

28         (c)  Suspension from office.--A council member shall be

29  automatically suspended from office upon return of an

30  indictment or issuance of an information charging the council

31  member with any crime which is punishable as a felony or with

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  1  any crime arising out of his or her official council duties

  2  which is punishable as a first degree misdemeanor.  Pursuant

  3  thereto:

  4         1.  During the period of suspension, the council member

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

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

  7         2.  If the council member is subsequently found not

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

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

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

11  lifted and the council member shall be entitled to receive

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

13  she would have been entitled to had the suspension not

14  occurred.

15         (d)  Filling of vacancies.--

16         1.  If any vacancy occurs in the office of mayor or any

17  other council member, the remaining council members shall,

18  within 30 days following the occurrence of such vacancy, by

19  majority vote, appoint a person to fill the vacancy for the

20  remainder of the unexpired term.

21         2.  Any person appointed to fill a vacant seat on the

22  council shall be required to meet the qualifications of the

23  seat to which he or she is appointed.

24         (8)  VILLAGE COUNCIL MEETINGS.--The council shall

25  conduct regular semi-monthly meetings, which shall not begin

26  before 6:00 p.m., at such times and places as the council

27  shall prescribe by resolution.  Such meetings shall be public

28  meetings within the meaning of section 286.011, Florida

29  Statutes, and shall be subject to notice and other

30  requirements of law applicable to public meetings. The council

31  shall adopt Robert's Rules of Order, determine other rules in

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  1  order of business, and keep a journal of its proceedings.

  2  Pursuant thereto:

  3         (a)  Special meetings may be held at the call of the

  4  mayor, or in his or her absence, at the call of the vice

  5  mayor.  Special meetings may also be called upon the request

  6  of a majority of the councilors, consistent with section

  7  286.011, Florida Statutes.  Unless of an emergency nature, the

  8  person or persons calling such a meeting shall provide not

  9  less than 72 hours' prior notice of the meeting to the public.

10  In an emergency situation, a special meeting may be called if

11  at least 4 hours' notice is given to each council member,

12  served personally, or left at his or her usual place of

13  residence, with every effort made to contact the member by the

14  village clerk. The village clerk shall also make every effort

15  to notify the public of any special meeting.

16         (b)  Elected or reelected council members shall be

17  inducted into office at the first regularly scheduled meeting

18  following certification of their election.

19         (c)  A majority of the council shall constitute a

20  quorum.  No action of the council shall be valid unless

21  adopted by an affirmative vote of the majority of the council

22  members in attendance, unless otherwise provided by law.  All

23  actions of the council shall be by ordinance, resolution, or

24  motion.

25         (9)  VILLAGE RECORDS.--The council shall, in a properly

26  indexed book kept for the purpose, provide for the

27  authentication and recording in full of all minutes of

28  meetings, and all ordinances and resolutions adopted by the

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

30  The council shall further maintain a current codification of

31  all ordinances.  Such codification shall be printed and shall

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  1  be made available for distribution to the public on a

  2  continuing basis.  All ordinances or resolutions of the

  3  council shall be signed by the mayor, or vice mayor in the

  4  absence or disability of the mayor, or by the acting mayor in

  5  the absence or disability of both the mayor and the vice

  6  mayor, and attested to by the village clerk.  All meetings of

  7  the council and of the committees thereof shall be public

  8  meetings within the meaning of Section 286, Florida Statutes,

  9  and the public shall have access to the minutes and records

10  thereof at all reasonable times.

11         (10)  ADOPTION OF CODES.--The council may adopt any

12  standard code of technical regulations by reference thereto in

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

14  ordinance or later amendatory ordinance.  The procedures and

15  requirements governing such an adoption ordinance shall be

16  those prescribed for ordinances generally, except that:

17         (a)  Requirements regarding distribution and filing of

18  copies of the ordinance shall not be construed to require

19  distribution and filing of copies of the adopted code of

20  technical regulations, except as provided in paragraph (b).

21         (b)  A copy of each adopted code of technical

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

23  authenticated and recorded by the village clerk.

24         (11)  LIMITATION OF EMPLOYMENT OF COUNCILORS AND

25  MAYOR.--Neither councilors nor the mayor shall be in the

26  employment of the village while in office, nor shall any

27  former councilor or mayor be employed by the village until

28  after the expiration of 1 year from the time of leaving

29  office.

30         (12)  REFERENDUM REQUIRED FOR CONVEYANCE OF

31  VILLAGE-OWNED REAL PROPERTY; EXCEPTIONS.--The village shall

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  1  not sell, convey, or otherwise transfer any real property, or

  2  any interest therein, to any person without the transfer being

  3  approved by referendum.  However, the abandonment of any real

  4  property shall be at the discretion of the council, but only

  5  if the total real value meets the criteria in subparagraph (a)

  6  stated below and there are no opposing neighbors that adjoin

  7  the property. The lease of village-owned real property in

  8  areas of the village, other than a redevelopment area, for a

  9  term greater than 10 years shall be considered a conveyance

10  requiring referendum.  This subsection does not apply to the

11  following:

12         (a)  Any property valued under $50,000 as determined by

13  the average of three appraisals of the property, with the

14  appraisals to be paid for by the recipient of the property.

15         (b)  The release of a claim or interest in land to

16  settle, or aid the settlement of, record title to real

17  property.

18         (13)  RIGHT OF INDIVIDUAL TO BE HEARD.--All residents

19  shall have the right to be heard at all council meetings

20  within the meaning of Section 286.011, Florida Statutes,

21  subject to rules established by the council.

22         Section 4.  BUDGET AND APPROPRIATIONS.--

23         (1)  FISCAL YEAR.--The village shall have a fiscal year

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

25  September 30 of the succeeding year.

26         (2)  BUDGET ADOPTION.--The council shall by resolution

27  adopt for the succeeding fiscal year a budget on or before the

28  15th day of September of each year, following a minimum of two

29  public hearings on the proposed budget.  A resolution adopting

30  the annual budget shall constitute appropriation of the

31

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  1  amounts specified therein as expenditures from funds

  2  indicated.

  3         (3)  APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR.--

  4         (a)  Supplemental appropriations.--If, during the

  5  fiscal year, revenues in excess of those estimated in the

  6  budget are available for appropriation, the council by

  7  resolution may make supplemental appropriations for the year

  8  in an amount not to exceed such excess.

  9         (b)  Reduction of appropriations.--If, at any time

10  during the fiscal year, it appears probable to the village

11  manager that the revenues available will be insufficient to

12  meet the amount appropriated, the village manager shall report

13  same to the council without delay, indicating the estimated

14  amount of the deficit, any remedial action taken, and

15  recommendations as to any other steps that should be taken.

16  The council shall then take such further action as it deems

17  necessary to prevent or minimize any deficit and, for that

18  purpose, the council may by resolution reduce one or more

19  appropriations accordingly.

20         (c)  Limitations; effective date.--No appropriation for

21  debt service may be reduced or transferred, and no

22  appropriation may be reduced below any amount required by law

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

24  thereof.

25         Section 5.  CHARTER OFFICERS.--

26         (1)  DESIGNATION.--The village manager and the village

27  attorney are designated as charter officers, except that the

28  duties of the office of village attorney may be contracted to

29  be performed by an attorney or law firm.

30         (2)  APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF

31  VACANCIES.--

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  1         (a)  The charter officers shall be appointed by a

  2  majority vote of the council and shall serve at the pleasure

  3  of the council.

  4         (b)  All charter officers shall be required to file

  5  with the council a disclosure statement outlining any possible

  6  conflicts of interest, financial or otherwise, that they might

  7  have because of their position with the village.

  8         (c)  The charter officers shall be removed from office

  9  only by a majority vote of the council.  Upon demand by a

10  charter officer, a public hearing shall be held prior to such

11  removal.

12         (d)  The compensation of the charter officers shall be

13  fixed by the council.

14         (e)  Employment contracts with charter officers or any

15  other employees of the village shall not have duration in

16  excess of one year.

17         (f)  The council shall immediately begin the process to

18  fill a vacancy in a charter office. An acting village manager

19  or an acting village attorney may be appointed by the council

20  during a vacancy in such charter office.

21         (g)  The charter officers shall not be candidates  for

22  the council while holding their charter officer position.

23         (3)  BOND OF THE VILLAGE MANAGER/VILLAGE CLERK.--The

24  village council may provide by ordinance for the village

25  manager and village clerk to furnish a fidelity bond to be

26  approved by the council and in such amount as the council may

27  fix.  The premium of the bond shall be paid by the village.

28         (4)  VILLAGE MANAGER.--The village manager shall be the

29  chief administrative officer of the village.

30         (a)  Qualifications.--The village manager shall be

31  selected using, but not limited to, the following criteria:

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  1  experience, expertise, management ability, and education. Any

  2  of the foregoing criteria shall be used in determining the

  3  ability as it pertains to running municipal government.

  4         (b)  Residency.--The village manager must become a

  5  resident of the village within 90 days after accepting the

  6  position with the village, and shall remain a resident of the

  7  village for the duration of employment with the village.

  8         (c)  Powers and duties.--The village manager shall:

  9         1.  As the chief administrative officer of the village,

10  direct and supervise the administration of all departments,

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

12  village attorney, and except as otherwise provided by this

13  charter or by law.

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

15  village or appointive administrative employee provided for,

16  by, or under this charter, except the office of village

17  attorney and except as may otherwise be provided by law, this

18  charter, or personnel rules adopted pursuant to the charter.

19  The village manager may authorize any administrative employee

20  who is subject to his or her direction and supervision to

21  exercise these powers with respect to subordinates in that

22  employee's department, office, or agency.

23         3.  Ensure that all laws, provisions of this charter,

24  and acts of the council are faithfully executed.

25         4.  Prepare and submit the annual budget and capital

26  program to the council in the form prescribed by ordinance.

27         5.  Attend meetings of the council.

28         6.  Draw and sign vouchers upon depositories as

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

30  and accurate account of same.

31

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  1         7.  Sign all licenses issued by the village, issue

  2  receipts for all moneys paid to the village, and deposit said

  3  moneys in the proper depositories on the first banking day

  4  after receipt.  The village manager may delegate the

  5  responsibilities of this subparagraph to an appropriate

  6  village employee who shall be bonded.

  7         8.  Provide administrative services in support of the

  8  official duties of the mayor and the council.

  9         9.  Keep the council advised as to the financial

10  condition and future needs of the village and make

11  recommendations to the council concerning the affairs of the

12  village.

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

14  public, a complete report on finances and administrative

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

16         11.  Sign contracts on behalf of the village to the

17  extent authorized by ordinance.

18         12.  Perform such other duties as are specified in this

19  charter or as may be required by the council.

20         13.  By letter filed with the clerk, designate, subject

21  to approval of the council, a qualified village employee to

22  exercise the powers and perform the duties of manager during

23  his or her temporary absence or disability.  During such

24  absence or disability, the council may revoke such designation

25  at any time and appoint another employee of the village to

26  serve until the manager shall return or his or her disability

27  shall cease.

28         (d)  VILLAGE CLERK.--The village manager shall appoint

29  a village clerk, referred to as the "clerk."  The clerk shall

30  give notice of council meetings to its members and the public,

31  shall keep minutes of its proceedings, and shall perform such

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  1  other duties as the council or manager may prescribe from time

  2  to time.  The clerk shall report to the village manager.

  3         (5)  VILLAGE ATTORNEY.--The village attorney shall be

  4  the chief legal officer of the village.

  5         (a)  Qualifications.--The village attorney shall be a

  6  member of The Florida Bar in good standing.

  7         (b)  Office.--The village attorney shall be required to

  8  maintain an office in the Florida Keys between mile marker

  9  zero and mile marker sixty.

10         (c)  Powers and duties.--The village attorney:

11         1.  Shall serve as chief legal advisor to the council,

12  the charter officers, and all village departments, offices,

13  and agencies.

14         2.  May hire such assistants as may be required, when

15  approved by the council.

16         3.  Shall attend council meetings unless excused by the

17  council, and shall perform such professional duties as may be

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

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

20  the office of the village attorney and shall submit this

21  budget to the village manager for inclusion in the annual

22  village budget, in accordance with uniform village procedures.

23         Section 6.  ELECTIONS.--

24         (1)  ELECTORS.--Any person who is a resident of the

25  village, who has qualified as an elector of this state, and

26  who registers in the manner prescribed by law shall be an

27  elector of the village.

28         (2)  NONPARTISAN ELECTIONS.--All elections for the

29  councilors and the mayor shall be conducted on a nonpartisan

30  basis without any designation of political party affiliation.

31

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  1         (3)  QUALIFYING FOR OFFICE.--Any resident of the

  2  village who wishes to become a candidate for a village

  3  elective office shall qualify with the village clerk no sooner

  4  than noon on the second Tuesday in August nor later than noon

  5  on the fourth Tuesday in August of the year in which the

  6  election is to be held.

  7         (4)  SCHEDULE FOR GENERAL ELECTIONS.--The regular

  8  village elections shall be biennially on the first Tuesday

  9  after the first Monday in November of each even numbered year.

10  The two candidates receiving the most votes for councilor from

11  each precinct, and the candidate for mayor receiving the most

12  votes at large, shall be elected councilor or Mayor

13  respectively.  All ties in any election shall be decided by a

14  flip of a coin in the presence of the candidates concerned and

15  under the direction of the council, excluding any council

16  members involved in the tie.

17         (5)  SCHEDULE FOR OTHER ELECTIONS.--Special municipal

18  elections shall be held in the same manner as regular

19  elections, except that the council, by resolution, shall fix

20  the time for holding of such elections.

21         (6)  DETERMINATION OF ELECTION TO OFFICE.--If only one

22  candidate qualifies for the office of mayor, or if only two

23  candidates qualify for the office of councilor in either of

24  precincts 16 or 17, said candidates shall be deemed to be

25  elected.  If two or more candidates qualify for the office of

26  mayor, or three or more candidates qualify for council members

27  in either of precincts 16 or 17, the names of those candidates

28  shall be placed on the ballot at the general election.  In the

29  event not more than one person qualifies as a candidate for

30  the office of mayor, or, if not more than two persons qualify

31  as candidates for the council seats for either of precincts 16

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  1  or 17, those seats or offices shall not be listed on the

  2  village election ballot.  Each such candidate is deemed to

  3  have voted for himself or herself and shall be declared the

  4  winner.

  5         (7)  CANVASSING BOARD.--

  6         (a)  For general elections which are held in

  7  conjunction with Monroe County, or federal elections, the

  8  canvassing board will be the Monroe County canvassing board.

  9         (b)  For special village elections held at times other

10  than general elections there shall be a village canvassing

11  board which shall be comprised of the village clerk and two

12  electors of the village chosen prior to the election by the

13  village council.  The village clerk shall act as chairperson.

14  At the close of the polls of any village election, or as soon

15  thereafter as practical, the canvassing board shall meet at a

16  time and place designated by the chairperson and shall first

17  proceed to publicly canvass the vote as shown by the returns

18  then on file in the office of the village clerk, and shall

19  then publicly canvass the absentee elector ballots.  The

20  canvassing board shall prepare and sign a certificate

21  containing the total number of votes cast for each candidate

22  or other measure voted upon.  The certificate shall be placed

23  on file with the village clerk.

24         (8)  RECALL OF VILLAGE COUNCIL MEMBERS.--Any member of

25  the council may be removed from office by the electors of the

26  village following the procedures for recall established by

27  general law.

28         (9)  INITIATIVE AND REFERENDUM.--

29         (a)  Power to initiate and reconsider ordinances.--

30         1.  Initiative.--The electors of the village shall have

31  the power to propose ordinances to the council.  If the

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  1  council fails to adopt an ordinance so proposed without any

  2  change in substance, the electors may adopt or reject the

  3  ordinance, at a village election, provided that such power

  4  shall not extend to the annual budget or capital program or

  5  any ordinance appropriating money, levying taxes, or setting

  6  salaries of village officers or employees.

  7         2.  Referendum.--

  8         a.  The council shall have the power, by resolution, to

  9  call for a referendum vote by the electors of the village at

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

11  presented to the village at a public hearing at least 60 days

12  prior to the adoption of said resolution.  Any resolution

13  calling for a referendum vote of the electors of the village

14  must be passed by the affirmative vote of not fewer than

15  three-fifths of the members of the council.

16         b.  The electors of the village shall have the power to

17  require reconsideration by the council of any adopted

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

19  reconsidered, to approve or reject it at a village election,

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

21  or capital program or any ordinance appropriating money,

22  levying taxes, or setting salaries of village officers or

23  employees.

24         (b)  Commencement of proceedings.--Any 10 electors may

25  commence initiative or referendum proceedings by filing with

26  the village clerk an affidavit stating that they shall

27  constitute the petitioner's committee and be responsible for

28  circulating the petition and filing it in proper form, stating

29  their names and addresses and specifying the address to which

30  all notices to the committee are to be sent, and setting out

31  in full the proposed initiative ordinance or citing the

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  1  ordinance sought to be reconsidered.  Promptly after the

  2  affidavit of the petitioner's committee is filed, the village

  3  clerk shall issue the appropriate petition blanks to the

  4  petitioner's committee at the committee's expense.

  5         (c)  Petitions.--

  6         1.  Initiative and referendum petitions scheduled for a

  7  regular general election must be signed by electors of the

  8  village equal in number to at least 10 percent of the total

  9  number of electors registered to vote in the last regular

10  village election.  Initiative and referendum petitions

11  scheduled for a special election must be signed by qualified

12  voters of the village equal in number to at least 20 percent

13  of the total number of qualified voters registered to vote in

14  the last regular village election.

15         2.  All papers of a petition shall be assembled as one

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

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

18  person signing.  Petitions shall contain or have attached

19  thereto throughout their circulation the full text of the

20  ordinance proposed or sought to be reconsidered.

21         3.  Each paper of a petition shall have attached to it,

22  when filed, an affidavit executed by the circulator thereof

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

24  number of signatures thereon, that he or she believes them to

25  be the genuine signatures of the persons whose names they

26  purport to be, and that each signer had an opportunity before

27  signing to read the full text of the ordinance proposed or

28  sought to be reconsidered.

29         4.  All petition signatures shall be checked for

30  validity by the Monroe County Supervisor of Elections.  All

31

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  1  costs for such validation shall be paid by the petitioner's

  2  committee.

  3         5.  Except as otherwise provided in this charter, all

  4  initiative and referendum petitions with signatures must be

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

  6  respect to such initiative or referendum are commenced, and

  7  all requirements of the process must be completed no later

  8  than 90 days following the date of filing said initiative or

  9  referendum petition.

10         6.  Referendum and initiative petitions seeking a

11  special municipal election under subparagraph 1. shall be

12  titled "Proposed Special Municipal Election." Immediately

13  after the title, the petition shall state the following:  "By

14  signing this petition, I am requesting that this question be

15  submitted at a special election instead of the next general

16  municipal, county, or statewide election.  I understand that

17  the additional cost to the Village of Paradise Islands to hold

18  such a special election is anticipated to be $          , as

19  determined by the village clerk."

20         (d)  Procedure for filing.--

21         1.  Within 20 days after an initiative petition or a

22  referendum petition is filed, the village clerk shall complete

23  a 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. A petition

27  certified to be insufficient for lack of the required number

28  of valid signatures may be amended once if the petitioner's

29  committee files a notice of intent to amend it with the

30  village clerk within 2 business days after receiving the copy

31  of the certificate and files a supplementary petition upon

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  1  additional papers within 10 days after receiving the copy of

  2  such certificate.  Such supplementary petition shall comply

  3  with original petition requirements, and, within 5 days after

  4  it is filed, the village clerk shall complete a certificate as

  5  to the sufficiency of the petition as amended and promptly

  6  send a copy of such certificate to the petitioner's committee

  7  by registered mail.  If a petition or an amended petition is

  8  certified to be sufficient, or if a petition or amended

  9  petition is certified to be insufficient and the petitioner's

10  committee does not elect to amend or request the council

11  review under subparagraph 2. within the time required, the

12  village clerk shall promptly present a certificate to the

13  council and such certificate shall then be a final

14  determination as to the sufficiency of the petition.

15         2.  If a petition has been certified to be insufficient

16  and the petitioner's committee does not file notice of intent

17  to amend it, or if an amended petition has been certified to

18  be insufficient, the committee may, within 2 business days

19  after receiving the copy of such certificate, file a request

20  that it be reviewed by the council. The council shall review

21  the certificate at its next meeting following the committee's

22  filing of such request and approve or disapprove it, and the

23  council's determination shall then be final as to the

24  sufficiency of the petition.

25         (e)  Action on petitions.--

26         1.  Action by Council.--When an initiative or

27  referendum petition has been determined to be sufficient, the

28  council shall promptly consider the proposed initiative

29  ordinance or reconsider the referendum ordinance by voting its

30  repeal.  If the council fails to adopt a proposed initiative

31  ordinance without any change in substance within 45 days or

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  1  fails to repeal the referendum ordinance within 30 days, at

  2  the next regularly scheduled council meeting after the date on

  3  which the petition is determined to be sufficient, it shall

  4  submit the proposed initiative or referendum ordinance to the

  5  electors of the village.  If the council fails to act on a

  6  proposed initiative ordinance or a referendum ordinance within

  7  the time period specified, the council shall be deemed to have

  8  failed to adopt the proposed initiative ordinance or to have

  9  failed to repeal the referendum ordinance on the last day that

10  the council was authorized to act on such matter.

11         2.  Submission to electors.--The vote of the village on

12  a proposed initiative or referendum ordinance shall be held

13  not less than 30 or more than 90 days from the date the

14  petition was determined to be sufficient. If no regular

15  general election is to be held within the period prescribed in

16  this subparagraph, the council shall provide for a special

17  election, except that the council may, in its discretion,

18  provide for a special election at an earlier date within the

19  prescribed period.  Copies of the proposed initiative or

20  referendum ordinance shall be made available at the polls.

21         3.  Withdrawal of petitions.--An initiative or

22  referendum petition may be withdrawn at any time prior to the

23  15th day preceding the day scheduled for a vote in a special

24  election of the village or at any time prior to the 65th day

25  preceding the day of a regular general election by filing with

26  the village clerk a request for withdrawal signed by at least

27  eight members of the petitioner's committee. Upon the filing

28  of such request, the petition shall have no further force or

29  effect and all proceedings thereon shall be terminated.

30         (f)  Results of election.--

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  1         1.  If a majority of the qualified electors voting on a

  2  proposed initiative ordinance vote in its favor, it shall be

  3  considered adopted upon certification of the election results.

  4  If conflicting ordinances are approved at the same election,

  5  the one receiving the greatest number of affirmative votes

  6  shall prevail to the extent of any conflict.

  7         2.  If a proposed initiative ordinance that was voted

  8  on at a special election does not receive a majority vote of

  9  qualified electors, the same or similar initiative ordinance

10  may not be put to a vote until the next regular general

11  election.

12         3.  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         4.  If a referendum ordinance that was voted on at a

16  special election does not receive a majority vote of qualified

17  electors for its repeal, the same or similar referendum

18  ordinance may not be put to a vote again until the next

19  regular general election.

20         Section 7.  TRANSITION SCHEDULE.--

21         (1)  REFERENDUM.--The referendum election called for by

22  this act shall be held on November 7, 2000, at which time the

23  following question shall be placed upon the ballot: "SHALL

24  CHAPTER       , LAWS OF FLORIDA, CREATING THE VILLAGE OF

25  PARADISE ISLANDS (Big Pine Key to the Seven Mile Bridge) AND

26  PROVIDING ITS CHARTER BE APPROVED? YES/NO."  In the event this

27  question is answered affirmatively by a majority of voters

28  voting in the referendum, the provisions of this charter will

29  take effect as provided in section 5 of this act.

30         (2)  INITIAL ELECTION OF MAYOR AND COUNCIL MEMBERS.--

31

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  1         (a)  The Monroe County Commission shall call a special

  2  election or include in a general election for the election of

  3  the four councilors and the mayor to be held on December 19,

  4  2000.

  5         (b)  Any individual who wishes to run for one of the

  6  four initial seats on the council or for the office of mayor

  7  shall qualify as a candidate with the Monroe County Supervisor

  8  of Elections in accordance with the provisions of this charter

  9  and general law between noon on November 13, 2000, and noon on

10  November 22, 2000.

11         (c)  For the initial election, the Monroe County

12  Commissioners shall appoint a canvassing board which shall

13  certify the results of the election.

14         (d)  Those candidates who are elected on December 19,

15  2000, shall take office at the initial council meeting, which

16  shall be held at 7:00 p.m., on December 21, 2000, at the

17  Monroe County Senior Citizen's Center on Big Pine Key.

18         (3)  FIRST YEAR EXPENSES.--The council, in order to

19  provide moneys for the expenses and support of the village,

20  shall have the power to borrow money necessary for the

21  operation of village government until a budget is adopted and

22  revenues are raised in accordance with the provisions of this

23  charter.

24         (4)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The

25  council shall adopt ordinances and resolutions required to

26  effect the transition.  Ordinances adopted within 60 days

27  after the first council meeting may be passed as emergency

28  ordinances.  These transitional ordinances, passed as

29  emergency ordinances, shall be effective for no longer than 90

30  days after adoption, and thereafter may be readopted, renewed,

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  1  or otherwise continued only in the manner normally prescribed

  2  for ordinances.

  3         (5)  TRANSITIONAL COMPREHENSIVE LAND USE PLAN AND LAND

  4  DEVELOPMENT REGULATIONS.--

  5         (a)  Until the village adopts a comprehensive plan and

  6  it has been accepted by the appropriate agency, of the state,

  7  the applicable provisions of the Comprehensive Plan of Monroe

  8  County, as the same exists on the day the village commences

  9  corporate existence, November 15, 2000, shall remain in effect

10  as the village's transitional comprehensive plan.  However,

11  all planning functions, duties, and authority shall, as of

12  December 21, 2000, be vested in the village council of the

13  Village of Paradise Islands which shall be deemed the local

14  planning agency unless the council establishes a separate

15  local planning agency. Prior to the adoption of a village

16  comprehensive master plan, any amendment to any zoning as

17  established in the current county land use plan may be made

18  only by an ordinance adopted by the affirmative vote of not

19  fewer than three members of the council. Any increase in the

20  residential density or intensity, as established in the

21  current county land use plan which is adopted by the village

22  may be made only by an ordinance adopted by the affirmative

23  vote of not fewer than three members of the council.

24         (b)  Every power and duty of the planning commission,

25  zoning authority, any boards of adjustment, and the County

26  Commission of Monroe County, as set forth in these

27  transitional zoning and land use regulations, shall, as of

28  December 21, 2000, be vested in the village council of the

29  Village of Paradise Islands until the council delegates that

30  power to another entity.

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  1         (c)  Subsequent to the commencement of the village's

  2  corporate existence, no amendment of the comprehensive plan or

  3  land development regulations enacted by the Monroe County

  4  Commission shall be deemed to be an amendment of the village's

  5  transitional comprehensive plan or land development

  6  regulations or otherwise take effect within the village's

  7  corporate limits unless approved by the council.

  8         (d)  In accordance with section 403.706(1), Florida

  9  Statutes, the board of county commissioners shall have the

10  responsibility to transport municipal solid waste to a solid

11  waste disposal facility of the county or operate a solid waste

12  facility. The municipality must, through September 30, 2004,

13  deliver the solid waste collected within the municipality to

14  either a county solid waste transfer station or a county solid

15  waste disposal facility, as determined by the board. For the

16  remainder of the term of the county's solid waste haulout

17  contract, the board and the municipality shall negotiate for

18  the delivery of the solid waste collected within the

19  municipality by interlocal agreement. The parties shall

20  negotiate in good faith and with primary consideration given

21  to the minimum waste generation guarantees set forth in the

22  county's solid waste haulout contract. However, in no event

23  may the board charge the municipality a tipping fee in excess

24  of the tipping fee established annually and charged to other

25  municipalities and persons delivering solid waste to the

26  county transfer stations or county solid waste disposal

27  facility.

28         Section 8.  REVENUES.--

29         (1)  STATE SHARED REVENUES.--The Village of Paradise

30  Islands shall be entitled to participate in all revenue

31  sharing programs of Florida on December 1, 2000.  The

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  1  provisions of section 218.23(1), Florida Statutes, shall be

  2  waived for the purpose of eligibility to receive revenue

  3  sharing funds from December 1, 2000, through the state fiscal

  4  year 2002-2003.  The provisions of section 218.26(3), Florida

  5  Statutes, shall be waived for the 2000-2001 fiscal year and

  6  the apportionment factors for the municipalities and counties

  7  shall be recalculated pursuant to section 218.245, Florida

  8  Statutes, upon the date of incorporation.  For purposes of

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

10  relating to ad valorem taxation, the millage levied by Monroe

11  County Fire and EMS and the Independent Mosquito Control

12  Districts may be used for an indefinite period of time.

13  Initial revised population estimates for calculating

14  eligibility for shared revenues shall be determined by the

15  University of Florida Bureau of Economic and Business

16  Research.  If the bureau is unable to provide an appropriate

17  population estimate, the Monroe County Planning Division

18  estimate should be used.

19         (2)  GAS TAX REVENUES.--Notwithstanding the

20  requirements of section 336.025, Florida Statutes, to the

21  contrary, the Village of Paradise Islands shall be entitled to

22  receive local option gas tax revenues beginning April 1, 2001,

23  in accordance with an interlocal agreement between Monroe

24  County and municipalities representing a majority of the

25  county's municipal population if such an interlocal is in

26  effect on April 1, 2001, or, if there is no interlocal

27  agreement in effect on that date, then distributions shall be

28  in accordance with the formula contained in section

29  336.025(4)(b)1., Florida Statutes.

30         (3)  INFRASTRUCTURE SURTAX REVENUES.--The Village of

31  Paradise Islands shall be entitled to receive infrastructure

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  1  surtax revenues beginning on January 1, 2001, in accordance

  2  with an interlocal agreement between Monroe County and

  3  municipalities representing a majority of the county's

  4  municipal population if such an interlocal is in effect on

  5  January 1, 2001, or, if there is no interlocal agreement in

  6  effect on that date, in accordance with the formula in section

  7  218.62, Florida Statutes.

  8         (4)  CREATION AND ESTABLISHMENT OF VILLAGE.--For the

  9  purpose of compliance with section 200.066, Florida Statutes,

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

11  village is hereby created and established effective November

12  15, 2000.  Notwithstanding anything to the contrary contained

13  herein, the village although created and established as of

14  November 15, 2000, shall be operational on or before April 1,

15  2001, as determined by the council.

16         Section 9.  GENERAL PROVISIONS.--

17         (1)  CHARTER AMENDMENTS.--This charter may be amended

18  in accordance with the provisions for charter amendments as

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

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

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

22  general law.  The form, content, and certification of any

23  petition to amend shall be established by ordinance.

24         (2)  STANDARDS OF CONDUCT.--All elected officials and

25  employees of the village shall be subject to the standards of

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

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

28  the effective date of incorporation, establish by ordinance a

29  code of ethics for officials and employees of the village,

30  which may be supplemental to general law, but in no case may

31  such an ordinance diminish the provisions of general law.  The

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  1  intent of this provision of the charter is to require more

  2  stringent standards than those provided under general law.

  3         Section 4.  If any section, subsection, subparagraph,

  4  sentence, clause, phrase, or portion of this act, or the

  5  application thereof to any person or circumstance, is held

  6  invalid, the invalidity shall not affect other provisions or

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

  8  invalid provision or application, and to this end the

  9  provisions of this act are declared severable.

10         Section 5.  This act shall take effect only upon its

11  approval by a majority vote of those qualified electors

12  residing within the proposed corporate limits of the proposed

13  Village of Paradise Islands as described in section 2 of the

14  charter, voting in a referendum election to be called by the

15  Monroe County Commission and to be held on November 7, 2000,

16  in accordance with the provisions of law relating to elections

17  currently in force, except that:

18         (1)  This section and section 7(1) of the charter shall

19  take effect upon this act becoming a law.

20         (2)  If the majority of the qualified voters voting in

21  the village as described in section 2 of the charter do not

22  approve this act then the remainder of this act shall not take

23  effect.

24         (3)  If approved by a majority of the qualified voters

25  voting in the village as described in section 2 of the

26  charter, section 2, and sections 7(2) and 8(4) of the charter

27  shall take effect upon certification of the election results

28  by the Monroe County Supervisor of Elections, and the

29  remainder of this act shall take effect November 15, 2000.

30

31

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