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  1

  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,

31


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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 Islands 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.

  7         Section 2.  VILLAGE BOUNDARIES.--The corporate

  8  boundaries of the village shall be as follows:

  9

10         All the Florida Keys and Islands north and east

11         of a line projected at a magnetic compass

12         heading of 325 degrees to the northwest and 215

13         degrees to the southwest from a point at the

14         centerline at the east end of the North Pine

15         Channel Bridge up to a line projected north and

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

17         including but not limited to Big Pine Key, No

18         Name Key, The Spanish Harbor Keys, Bahia Honda

19         Key, Ohio Key, Missouri Key, Little Duck Key,

20         The Newfound Harbor Keys, including Cook,

21         Coconut, Big Munson and Little Palm Islands,

22         and all land filled in between the islands, all

23         of the above within Monroe County, Florida.

24         Section 3.  VILLAGE COUNCIL.--

25         (1)  VILLAGE COUNCIL; COMPOSITION; QUALIFICATIONS OF

26  COUNCIL MEMBERS.--

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

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

29  also considered a council member, elected from and

30  representing the village at large and two council members,

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


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  1  16, as defined by Resolution No. 044-1996 by the Board of

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

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

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

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

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

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

  8         (b)  To qualify for office:

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

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

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

12  allowed to qualify.

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

14  councilor seat shall reside within the boundaries of the

15  precinct for which the candidate is qualifying and, if

16  elected, shall maintain such residency throughout his or her

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

18  referendum approving the creation of the village, candidates

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

20  charter.  Thereafter, candidates shall qualify as provided in

21  section 6(3)of this charter.

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

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

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

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

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

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

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

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

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

31


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

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

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

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

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

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

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

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

  9  qualification during a term of office shall be cause for

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

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

12  village throughout his or her term of office.

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

14  and duties as any other council member.

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

16  council and shall be recognized as the head of village

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

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

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

20  administrative duties other than those necessary to accomplish

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

22  the council, consistent with general or special law.

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

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

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

26  council and as acting mayor during the absence or disability

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

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

29  acting mayor.

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

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


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

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

  3  receive reimbursement in accordance with Florida Statutes for

  4  authorized travel and per diem expenses incurred in the

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

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

  7  office, may elect to increase or decrease compensation by

  8  ordinance.  However, no such ordinance increasing or

  9  decreasing compensation shall take effect until the date of

10  commencement of the terms of council members selected at the

11  next regular election which follows the adoption of said

12  ordinance.

13         (6)  GENERAL POWERS AND DUTIES OF THE VILLAGE

14  COUNCIL.--

15         (a)  Except as otherwise prescribed herein or provided

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

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

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

19  and obligations imposed on the village by law.

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

21  in any manner dictate the appointment or removal of any

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

23  subordinates are empowered to appoint, except as provided in

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

25  and freely discuss with the manager anything pertaining to

26  appointment and removal of such employees.

27         (c)  Except for the purpose of inquiries and

28  investigations, the council or its members shall deal with

29  village employees who are subject to the direction and

30  supervision of the manager solely through the manager, and

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

  2  such employee, either publicly or privately.

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

  4  prohibit individual members of the council from closely

  5  scrutinizing, by questions and personal observation, all

  6  aspects of village government operations so as to obtain

  7  independent information to assist the members in the

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

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

10  recommendations for improvement in village government

11  operations by individual council members be made to and

12  through the village manager, so that the manager may

13  coordinate efforts of all village departments to achieve the

14  greatest possible savings through the most efficient and sound

15  means available.

16         (e)  Any council member who shall violate the

17  provisions of subsections (b) and (c) set forth above is

18  guilty of a misdemeanor of the first degree, to be tried by a

19  court of competent jurisdiction and punishable as provided by

20  state law.  Conviction under this part shall be grounds for

21  censure, suspension, or removal of the council member

22  violating the provisions of this section by a majority vote of

23  the remaining members of the council.

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

25  FILLING OF VACANCIES.--

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

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

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

29  other public office which creates dual office holding within

30  the village, judicially determined incompetency, or forfeiture

31  of office as described in paragraph (b).


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

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

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

  4  she:

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

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

  7  prescribed by this charter or otherwise required by law;

  8         2.  Is, while holding office, convicted of a felony, or

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

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

11         3.  Is convicted of a first degree misdemeanor arising

12  directly out of his or her official conduct or duties as a

13  member of the village council, or enters a plea of guilty or

14  nolo contendere thereto, even if adjudication of guilt has

15  been withheld;

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

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

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

19  the Governor of Florida, unless subsequently reinstated as

20  provided by law; or

21         5.  Is absent from three consecutive regular council

22  meetings without justifiable reason as determined by a

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

24  any other reason established in this charter.

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

26  automatically suspended from office upon return of an

27  indictment or issuance of an information charging the council

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

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

30  which is punishable as a first degree misdemeanor.  Pursuant

31  thereto:


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

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

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

  4         2.  If the council member is subsequently found not

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

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

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

  8  lifted and the council member shall be entitled to receive

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

10  she would have been entitled to had the suspension not

11  occurred.

12         (d)  Filling of vacancies.--

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

14  other council member, the remaining council members shall,

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

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

17  remainder of the unexpired term.

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

19  council shall be required to meet the qualifications of the

20  seat to which he or she is appointed.

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

22  conduct regular semi-monthly meetings which shall not begin

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

24  shall prescribe by resolution.  Such meetings shall be public

25  meetings within the meaning of section 286.011, Florida

26  Statutes, and shall be subject to notice and other

27  requirements of law applicable to public meetings. The council

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

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

30  Pursuant thereto:

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

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

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

  4  of a majority of the councilors, consistent with section

  5  286.011, Florida Statutes.  Unless of an emergency nature, the

  6  person or persons calling such a meeting shall provide not

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

  8  In an emergency situation, a special meeting may be called at

  9  least 4 hours' notice to each council member, served

10  personally, or left at his or her usual place of residence,

11  with every effort made to contact the member by the village

12  clerk. The village clerk shall also make every effort to

13  notify the general public of any special meeting.

14         (b)  Elected or reelected council members shall be

15  inducted into office at the first regularly scheduled meeting

16  following certification of their election.

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

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

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

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

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

22  motion.

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

24  indexed book and/or electronically kept for the purpose,

25  provide for the authentication and recording in full of all

26  minutes of meetings, and all ordinances and resolutions

27  adopted by the council, and the same shall, at all times, be a

28  public record.  The council shall further maintain a current

29  codification of all ordinances.  Such codification shall be

30  made available to the public on a continuing basis.  All

31  ordinances or resolutions of the council shall be signed by


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  1  the mayor, or vice mayor in the absence or disability of the

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

  3  both the mayor and the vice mayor, and attested to by the

  4  village clerk.  All meetings of the council and of the

  5  committees thereof shall be public meetings within the meaning

  6  of section 286.011, Florida Statutes, and any citizens shall

  7  have access to the minutes and records thereof at all

  8  reasonable times.

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

10  standard code of technical regulations by reference thereto in

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

12  ordinance or later amendatory ordinance.  The procedures and

13  requirements governing such an adoption ordinance shall be

14  prescribed for ordinances generally, except that:

15         (a)  Requirements regarding distribution and filing of

16  copies of the ordinance shall not be construed to require

17  distribution and filing of copies of the adopted code of

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

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

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

21  authenticated and recorded by the village clerk.

22         (11)  LIMITATION OF EMPLOYMENT OF COUNCILORS AND

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

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

25  former councilor or mayor be employed by the village until

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

27  office.

28         (12)  REFERENDUM REQUIRED FOR CONVEYANCE OF

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

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

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


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

  2  property shall be at the discretion of the council; providing

  3  that the total real value meets the criteria in subparagraph

  4  (a) stated below and there are no opposing neighbors that

  5  adjoin the property. The lease of village-owned real property

  6  in areas of the village, other than a redevelopment area, for

  7  a term greater than 10 years shall be considered a conveyance

  8  requiring referendum.  This provision shall not be applicable

  9  to the following:

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

11  the average of three appraisals of the property performed by

12  Village approved appraisers, with the appraisals to be paid

13  for by the recipient of the property.

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

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

16  property.

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

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

19  within the meaning of section 286.011, Florida Statutes,

20  subject to rules established by the council.

21         Section 4.  BUDGET AND APPROPRIATIONS.--

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

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

24  September 30 of the succeeding year.

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

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

27  15th day of September of each year, following a minimum of two

28  public hearings on the proposed budget.  A resolution adopting

29  the annual budget shall constitute appropriation of the

30  amounts specified therein as expenditures from funds

31  indicated.


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

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

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

  4  budget are available for appropriation, the council by

  5  resolution may make supplemental appropriations for the year

  6  in an amount not to exceed such excess.

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

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

  9  manager that the revenues available will be insufficient to

10  meet the amount appropriated, the village manager shall report

11  same to the council without delay, indicating the estimated

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

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

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

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

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

17  appropriations accordingly.

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

19  debt service may be reduced or transferred, and no

20  appropriation may be reduced below any amount required by law

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

22  thereof.

23         Section 5.  CHARTER OFFICERS.--

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

25  attorney are designated as charter officers, except that the

26  office of village attorney may be contracted to an attorney or

27  law firm.

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

29  VACANCIES.--

30

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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 1 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 from, 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.

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  1         7.  Sign all licenses issued by the village, and 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, the manager shall

21  designate, subject to approval of the council, a qualified

22  village employee to exercise the powers and perform the duties

23  of manager during his or her temporary absence or disability.

24  During such absence or disability, the council may revoke such

25  designation at any time and appoint another employee of the

26  village to serve until the manager shall return or his or her

27  disability 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 and/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,

15  under the direction of the council other than 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 proceed

17  to publicly canvass the vote as shown by the returns then on

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

19  publicly canvass the absentee elector ballots.  The canvassing

20  board shall prepare and sign a certificate containing the

21  total number of votes cast for each candidate or other measure

22  voted upon.  The certificate shall be placed on file with the

23  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 of Florida.

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 less 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 sub-subparagraph

  4  (a)2.b., all initiative and referendum petitions with

  5  signatures must be filed within 60 days of the date on which

  6  proceedings with respect to such initiative or referendum are

  7  commenced pursuant to section 6(9)(b)of this charter, and all

  8  requirements of the process must be completed no later than 90

  9  days following the date of filing said initiative or

10  referendum petition.

11         6.  Referendum and initiative petitions seeking a

12  special municipal election under (c)1. shall be titled

13  "Proposed Special Municipal Election." Immediately after the

14  title, the petition shall state the following:  "By signing

15  this petition, I am requesting that a special election be held

16  for this question, instead of the scheduling of this question

17  for the next general municipal, county, or statewide election.

18  I understand that the additional cost to the Village of

19  Paradise Islands to hold such a special election is

20  anticipated to be $          , as determined by the village

21  clerk."

22         (d)  Procedure for filing.--

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

24  referendum petition is filed, the village clerk shall complete

25  a certificate as to its sufficiency, specifying, if it is

26  insufficient, the particulars wherein it is defective and

27  shall promptly send a copy of the certificate to the

28  petitioner's committee by registered mail.  Grounds for

29  insufficiency are only those specifics in subparagraph (c)3.

30  and 4. that are not met.  A petition certified insufficient

31  for lack of the required number of valid signatures may be


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  1  amended once if the petitioner's committee files a notice of

  2  intent to amend it with the village clerk within two business

  3  days after receiving the copy of the certificate and files a

  4  supplementary petition upon additional papers within 10 days

  5  after receiving the copy of such certificate.  Such

  6  supplementary petition shall comply with original petition

  7  requirements, and within 5 days after it is filed, the village

  8  clerk shall complete a certificate as to the sufficiency of

  9  the petition as amended and promptly send a copy of such

10  certificate to the petitioner's committee by registered mail.

11  If a petition or an amended petition is certified sufficient,

12  or if a petition or amended petition is certified insufficient

13  and the petitioner's committee does not elect to amend or

14  request the council review under subparagraph 2. within the

15  time required, the village clerk shall promptly present a

16  certificate to the council and such certificate shall then be

17  a final determination as to the sufficiency of the petition.

18         2.  If a petition has been certified insufficient and

19  the petitioner's committee does not file notice of intent to

20  amend it, or if an amended petition has been certified

21  insufficient, the committee may, within 2 business days after

22  receiving the copy of such certificate, file a request that it

23  be reviewed by the council.  The council shall review the

24  certificate at its next meeting following the committee's

25  filing of such request and approve or disapprove it, and

26  determination shall then be final as to the sufficiency of the

27  petition.

28         (e)  Action on petitions.--

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

30  referendum petition has been determined sufficient, the

31  council shall promptly consider the proposed initiative


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  1  ordinance or reconsider the referendum ordinance by voting its

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

  3  ordinance without any change in substance within 45 days or

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

  5  the next regularly scheduled council meeting after the date on

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

  7  submit the proposed initiative or referendum ordinance to the

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

  9  proposed initiative ordinance or a referendum ordinance within

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

11  failed to adopt the proposed initiative ordinance or failed to

12  repeal the referendum ordinance on the last day that the

13  council was authorized to act on such matter.

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

15  a proposed initiative or referendum ordinance shall be held

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

17  petition was determined sufficient.  If no regular general

18  election is to be held within the period described in this

19  paragraph, the council shall provide for a special election,

20  except that the council may, in its discretion, provide for a

21  special election at an earlier date within the described

22  period.  Copies of the proposed initiative or referendum

23  ordinance shall be made available at the polls.

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

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

26  15th day preceding the day scheduled for a vote in a special

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

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

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

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

31


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

  2  effect and all proceedings thereon shall be terminated.

  3         (f)  Results of election.--

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

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

  6  considered adopted upon certification of the election results.

  7  If conflicting ordinances are approved at the same election,

  8  the one receiving the greatest number of affirmative votes

  9  shall prevail to the extent of such conflict.

10         2.  If a proposed initiative ordinance that was voted

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

12  qualified electors, the same or similar initiative ordinance

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

14  election.

15         3.  If a majority of the qualified electors voting on a

16  referendum ordinance vote against it, it shall be considered

17  repealed upon certification of the election results.

18         4.  If a referendum ordinance that was voted on at a

19  special election does not receive a majority vote of qualified

20  electors for its repeal, the same or similar referendum

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

22  regular general election.

23         Section 7.  TRANSITION SCHEDULE.--

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

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

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

27  CHAPTER       , LAWS OF FLORIDA, CREATING THE VILLAGE OF

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

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

30  question is answered affirmatively by a majority of voters

31


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

  2  take effect as provided in section 5.

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

  4         (a)  The Monroe County Commission shall call a very

  5  special election or include in a general election for the

  6  election of the four councilors and the mayor to be held on

  7  December 19, 2000.

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

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

10  shall qualify as a candidate with the Monroe County Supervisor

11  of Elections in accordance with the provisions of this charter

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

13  November 22, 2000.

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

15  Commissioners shall appoint a canvassing board which shall

16  certify the results of the election.

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

18  2000 shall take office at the initial council meeting, which

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

20  County Senior Citizen's Center on Big Pine Key.

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

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

23  shall have the power to borrow money necessary for the

24  operation of village government until such time as a budget is

25  adopted and revenues are raised in accordance with the

26  provisions of this charter.

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

28  council shall adopt ordinances and resolutions required to

29  effect the transition.  Ordinances adopted within 60 days

30  after the first council meeting may be passed as emergency

31  ordinances.  These transitional ordinances, passed as


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

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

  3  or otherwise continued only in the manner normally prescribed

  4  for ordinances.

  5         (5)  TRANSITIONAL COMPREHENSIVE LAND USE PLAN AND LAND

  6  DEVELOPMENT REGULATIONS.--

  7         (a)  Until such time as the village adopts a

  8  comprehensive plan and it has been accepted by the appropriate

  9  agency of the state, the applicable provisions of the

10  Comprehensive Plan of Monroe County, as the same exists on the

11  day the village commences corporate existence, November 15,

12  2000, shall remain in effect as the village's transitional

13  comprehensive plan.  However, all planning functions, duties,

14  and authority shall, as of December 21, 2000, be vested in the

15  village council of the Village of Paradise Islands which shall

16  be deemed the local planning agency until and unless the

17  council establishes a separate local planning agency.   Prior

18  to the adoption of a village comprehensive master plan, any

19  amendment to any zoning as established in the current county

20  land use plan shall only be by an ordinance adopted by the

21  affirmative vote of not less than three members of the

22  council.  Any increase in the residential density or

23  intensity, as established in the current county land use plan

24  which is adopted by the village shall only be by an ordinance

25  adopted by the affirmative vote of not less than three members

26  of the council.

27         (b)  All powers and duties of the planning commission,

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

29  Commission of Monroe County, as set forth in these

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

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


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  1  Village of Paradise Islands until such time as the council

  2  delegates all or a portion thereof to another entity.

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

  4  corporate existence, no amendment of the comprehensive plan or

  5  land development regulations enacted by the Monroe County

  6  Commission shall be deemed as an amendment of the village's

  7  transitional comprehensive plan or land development

  8  regulations or otherwise take effect within the village's

  9  corporate limits unless approved by the council.

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

11  Statutes, the board of county commissioners shall have the

12  responsibility to transport municipal solid waste to a solid

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

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

15  deliver the solid waste collected within the municipality to

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

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

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

19  contract, the board and the municipality shall negotiate for

20  the delivery of the solid waste collected within the

21  municipality by interlocal agreement. The parties shall

22  negotiate in good faith and with primary consideration given

23  to the minimum waste generation guarantees set forth in the

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

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

26  of the tipping fee established annually and charged to other

27  municipalities and persons delivering solid waste to the

28  county transfer stations or county solid waste disposal

29  facility.

30         Section 8.  REVENUES.--

31


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

  2  Islands shall be entitled to participate in all revenue

  3  sharing programs of Florida on January 1, 2001.  The

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

  5  waived for the purpose of eligibility to receive revenue

  6  sharing funds from January 1, 2001, through the state fiscal

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

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

  9  the apportionment factors for the municipalities and counties

10  shall be re-calculated pursuant to section 218.245, Florida

11  Statutes, as of January 1, 2001.  For purposes of meeting the

12  provisions of section 218.23(1), Florida Statutes, relating to

13  ad valorem taxation, the millage levied by Monroe County Fire

14  and EMS and the Independent Mosquito Control Districts may be

15  used for an indefinite period of time.  Initial revised

16  population estimates for calculating eligibility for shared

17  revenues shall be determined by the University of Florida

18  Bureau of Economic and Business Research.  Should the bureau

19  be unable to provide an appropriate population estimate, the

20  Monroe County Planning Division estimate should be utilized.

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

22  requirements of section 336.025, Florida Statues, to the

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

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

25  in accordance with an interlocal agreement between Monroe

26  County and municipalities representing a majority of the

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

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

29  in effect on that date, then distributions shall be in accord

30  with the formula contained in section 336.025(4)(b)1., Florida

31  Statutes.


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

  2  Paradise Islands shall be entitled to receive infrastructure

  3  surtax revenues beginning on January 1, 2001, in accord with

  4  an interlocal agreement between Monroe County and

  5  municipalities representing a majority of the county's

  6  municipal population if such an interlocal is in effect on

  7  January 1, 2001 if there is no interlocal agreement in effect

  8  on that date, according to the formula in section 218.62,

  9  Florida Statutes.

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

11  purpose of compliance with section 200.066, Florida Statutes,

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

13  village is hereby created and established effective November

14  15, 2000.  Notwithstanding anything to the contrary contained

15  herein, the village although created and established as of

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

17  2001 as determined by the council.

18         Section 9.  GENERAL PROVISIONS.--

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

20  in accordance with the provisions for charter amendments as

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

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

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

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

25  petition to amend shall be established by ordinance.

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

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

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

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

30  the effective date of incorporation, establish by ordinance a

31  code of ethics for officials and employees of the village


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

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

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

  4  stringent standards than those provided under general law.

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

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

  7  application thereof to any person or circumstance, is held

  8  invalid, the invalidity shall not affect other provisions or

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

10  invalid provision or application, and to this end the

11  provisions of this act are declared severable.

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

13  approval by a majority vote of those qualified electors

14  residing within the proposed corporate limits of the proposed

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

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

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

18  in accordance with the provisions of law relating to elections

19  currently in force, except that:

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

21  take effect upon this act becoming a law.

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

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

24  approve this act then this act shall not take effect.

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

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

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

28  shall take effect upon certification of the election results

29  by the Monroe County Supervisor of Elections, and the

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

31


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