Senate Bill sb2552

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    Florida Senate - 2002        (NP)                      SB 2552

    By Senator Burt





    16-1068-02                                          See HB 955

  1                      A bill to be entitled

  2         An act relating to the City of Lake Helen,

  3         Florida; codifying, reenacting, and amending

  4         the Charter of the City of Lake Helen;

  5         providing a short title; providing for a

  6         Florida municipal corporation, the City of Lake

  7         Helen, Florida, to continue in existence with

  8         the same boundaries as are in effect on the

  9         effective date of this act; providing for

10         municipal powers; providing for the composition

11         of a City Commission, including a Mayor and

12         four City Commissioners representing four City

13         Commission zones with all elected at large;

14         providing for qualifications for office;

15         providing for election to office; providing for

16         terms of office; providing for powers and

17         duties of the City Commission; providing for

18         the powers and duties of the Mayor and Vice

19         Mayor; providing for compensation and expenses;

20         providing for vacancies, forfeiture of office,

21         suspension, recall, and the filling of

22         vacancies; providing for public meetings,

23         quorums, and public records; providing for a

24         limitation on employment; providing for the

25         City Administrator and City Attorney as charter

26         officers; providing for qualifications, powers

27         and duties of charter officers; providing for

28         budgets and appropriations; providing for

29         electors and elections; providing for the

30         amendment of the City Charter; providing for

31         standards of conduct; providing for the

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         preservation of ordinances; providing for the

  2         rights of officers and employees; providing for

  3         pending matters; providing for a saving clause;

  4         providing for severability; providing an

  5         effective date.

  6

  7         WHEREAS, the historic City of Lake Helen, Florida, was

  8  incorporated in 1888 and is commonly referred to as "the Gem

  9  of Florida;" and

10         WHEREAS, the city charter of the City of Lake Helen,

11  Florida, which currently governs the city, is set forth, in

12  large part, in chapter 22364 (1943), Laws of Florida, and

13         WHEREAS, the 1943 city charter has been amended

14  numerous times by the Legislature, such as in chapters 29223

15  (1953), 30915 (1955), 59-1473, 59-1474, and 63-1511, Laws of

16  Florida, and at one referendum election, and

17         WHEREAS, it is in the best interest of the citizens of

18  the City of Lake Helen to have a contemporary city charter

19  that reflects the home rule powers of municipalities as set

20  forth in the Constitution of the State of Florida and the

21  Florida Statutes, and

22         WHEREAS, it is in the best interest of the citizens of

23  the State of Florida to have the seminal and foundational

24  documents establishing local governments to be found in a

25  single document rather than a multiplicity of legislative acts

26  and actions and the citizens of the City of Lake Helen would

27  benefit from having a modern charter in a unified document,

28  NOW, THEREFORE,

29

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

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         Section 1.  Pursuant to chapter 97-255, Laws of

  2  Florida, this act constitutes the codification of all special

  3  acts relating to the City of Lake Helen, Volusia County. It is

  4  the intent of the Legislature in enacting this law to provide

  5  a single, comprehensive special act charter for the City of

  6  Lake Helen, including all current legislative authority

  7  granted to the city by its several legislative enactments and

  8  any additional authority granted by this act. It is further

  9  the intent of this act to preserve all municipal authority.

10         Section 2.  Chapters 5510 (1905), 9006 (1921), 9811

11  (1923), 11584 (1925), 11585 (1925), 14169 (1929), 14611

12  (1929), 15296 (1931), 18639 (1937), 22364 (1943), 29223

13  (1953), 30915 (1955), 59-1473, 59-1474, and 63-1511, Laws of

14  Florida, relating to the City of Lake Helen, Volusia County,

15  are codified, reenacted, amended, and repealed as herein

16  provided.

17         Section 3.  The City of Lake Helen is re-created and

18  the charter for the city is re-created and reenacted to read:

19         SECTION 1.  Short title.--This act, together with any

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

21  the "City of Lake Helen Charter," hereinafter referred to as

22  the "Charter."

23         SECTION 2.  Body corporate; continuous existence.--

24         (A)  The incorporated municipality of the City of Lake

25  Helen, now existing, shall continue to be the body corporate

26  and municipal corporation under the name of the City of Lake

27  Helen and, as such, shall have perpetual succession.

28         (B)  The codes, ordinances, policies, and actions, of

29  whatever type or nature, of the City of Lake Helen shall carry

30  forward after the effective date of this act and said codes,

31  ordinances, policies, and actions are ratified and affirmed.

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         SECTION 3.  Boundaries.--

  2

  3         The East 1/2 of Sections 25 and 36, Township 17

  4         South, Range 30 East; all of Sections 30 and

  5         31, Township 17 South, Range 31 East; the West

  6         1/2 of Sections 29 and 32, Township 17 South,

  7         Range 31 East;

  8

  9         and

10

11         the Southeast 1/4 of the Southwest 1/4 of the

12         Southwest 1/4 of Section 19, Township 17 South,

13         Range 31 East, except the East 210 feet of the

14         South 1/2 thereof;

15

16         and

17

18         the South 660 feet of the West 330 feet of the

19         Southwest 1/4 of the Southwest 1/4 of the

20         Southeast 1/4 of Section 19, Township 17 South,

21         Range 31 East;

22

23         and

24

25         the South 405 feet of the West 285 feet of the

26         North 1/2 of the Southwest 1/4 of the Southeast

27         1/4 of Section 19, Township 17 South, Range 31

28         East;

29

30         and

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         the North 1/2 of Government Lot 2, Section 4,

  2         Township 18 South, Range 31 East, except the

  3         North 5 chains of the East 1/2 thereof;

  4

  5         and

  6

  7         the North 3/4 of the West 1/2 of the South 1/2

  8         of Government Lot 2, Section 4, Township 18

  9         South, Range 31 East;

10

11         and

12

13         the East 997.13 feet of the North 1/2 of

14         Government Lot 3, Section 4, Township 18 South,

15         Range 31 East;

16

17         and

18

19         the West 170 feet of the East 518 feet of the

20         North 258 feet of the Northeast 1/4 of the

21         Northeast 1/4 of Section 5, Township 18 South,

22         Range 31;

23

24         and

25

26         the East 171 feet of the West 1/2 of the North

27         1/2 of Government Lot 1, Section 4, Township 18

28         South, Range 31 East;

29

30         and

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         the South 322 feet of the Northeast 1/4 of

  2         Government Lot 1, Section 4, Township 18 South,

  3         Range 31 East, except the East 40 feet thereof;

  4

  5         and

  6

  7         the East 705.61 feet of the South 1/2 of

  8         Government Lot 1, Section 4, Township 18 South,

  9         Range 31 East, except the South 643.02 feet

10         thereof;

11

12         and

13

14         the South 643.02 feet of the South 1/2 of

15         Government Lot 1, Section 4, Township 18 South,

16         Range 31 East, except the East 677.58 feet

17         thereof;

18

19         and

20

21         the South 1/2 of Government Lot 1, Section 4,

22         Township 18 South, Range 31 East, except the

23         South 643.02 feet thereof and except the East

24         1059.03 feet thereof;

25

26         and

27

28         the East 1/2 of the North 1/4 of the South 1/2

29         of Government Lot 2, Section 4, Township 8

30         South, Range 31 East;

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         and

  2

  3         the East 340 feet of the South 3/4 of the South

  4         1/2 of Government Lot 2, Section 4, Township 18

  5         South, Range 31 East;

  6

  7         and

  8

  9         the South 1/2 of Government Lot 2, Section 4,

10         Township 18 South, Range 31 East, lying

11         southerly and easterly of the centerline of

12         Deer Run Court, except the East 340 feet

13         thereof;

14

15         and

16

17         the North 563.83 feet of the North 1/2 of

18         Government Lot 7, Section 4, Township 18 South,

19         Range 31 East, lying easterly of the centerline

20         of Lake Helen-Osteen Road, except that portion

21         of the north 115.50 feet of the West 810.00

22         feet of the North 1/2 of said Government Lot 7,

23         lying easterly of the centerline of Lake

24         Helen-Osteen Road;

25

26         and

27

28         the West 165 feet of the West 1/2 of the North

29         1/2 of Government Lot 1, except that part in

30         existing roads, Section 4, Township 18 South,

31         Range 31 East;

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1

  2         and

  3

  4         the East 665.06 feet of the South 327 feet of

  5         the Southeast 1/4 of the Southwest 1/4 of

  6         Section 19, Township 17 South, Range 31 East,

  7         Public Records of Volusia County, Florida.

  8         Subject to a 25.00 foot roadway along East

  9         boundary.

10

11         SECTION 4.  Municipal powers.--The city, as a body

12  corporate and politic, shall have all powers of a municipality

13  existing under the constitution and laws of the state, as

14  fully and completely as though such powers were specifically

15  enumerated in this Charter, unless otherwise specifically

16  prohibited by or contrary to the provisions of this Charter.

17  The city shall have all governmental, corporate, and

18  proprietary powers necessary to enable it to conduct municipal

19  government, perform municipal functions, and render municipal

20  services, and may exercise any power for municipal purposes

21  unless expressly prohibited by law. The powers of the city

22  shall be liberally construed in favor of the city.

23         SECTION 5.  City commission; composition;

24  qualifications for office; elections.--

25         (A)  Composition:

26         (1)  There shall be a five-member City Commission

27  consisting of the Mayor and four City Commissioners

28  representing zones within the city.

29         (2)  The four zones within the city shall maintain the

30  boundaries which are in effect on the effective date of this

31  Charter. After each decennial census, and at such other times

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1  as the City Commission may deem advisable, the City Commission

  2  shall divide the city into zones of contiguous property as

  3  nearly equal in population as is practicable.

  4         (3)  The Mayor and Commission shall run for office at

  5  large and be elected at large.

  6         (B)  Qualifications for office:

  7         (1)  Each candidate for office shall be a qualified

  8  elector of the city.

  9         (2)  Each candidate for office shall have resided in

10  the city for a minimum of 6 months immediately prior to

11  qualifying.

12         (3)  Each individual seeking to qualify as a candidate

13  for one of the four seats on the City Commission must live in

14  the zone for which he or she is seeking election.

15         (4)  Each candidate for office shall file the

16  appropriate papers and pay the required fees during normal

17  office hours on any business day during the qualifying period.

18  Each candidate for the office of Mayor must pay to the city

19  treasury a qualifying fee as established by ordinance, an

20  election assessment fee currently governed by section 99.093,

21  Florida Statutes, and file a petition containing the

22  signatures of at least 25 qualified electors of the city with

23  the City Clerk or designee, on or before the qualifying date.

24  Each candidate for City Commissioner from the respective zones

25  must pay to the city treasury a qualifying fee as established

26  by ordinance, an election assessment fee currently governed by

27  section 99.093, Florida Statutes, and file a petition

28  containing the signatures of at least 15 qualified electors

29  with the City Clerk or designee, on or before the end of the

30  qualifying period.

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (C)  The names of all candidates and the offices for

  2  which they have filed shall be received by the Volusia County

  3  Supervisor of Elections from the City Clerk or designee by the

  4  date and time mandated by the Volusia County Supervisor of

  5  Elections.

  6         (D)  The election of the Mayor and City Commissioners

  7  shall be held in accordance with the uniform election dates

  8  for municipal elections as provided by special acts of the

  9  Legislature applicable to Volusia County.

10         (E)  A newly elected Mayor or City Commissioner shall

11  take office at the first regular City Commission meeting

12  following his or her election after taking the oath of office.

13         (F)  The Mayor and City Commissioners may succeed

14  themselves.

15         (G)  The City Commission shall be the judge of the

16  election and qualifications of its own members, subject to

17  judicial review.

18         SECTION 6.  Terms of office.--

19         (A)  The term of office for the terms of the Mayor and

20  each City Commissioner shall be 2 years.

21         (B)  The Mayor and each City Commissioner shall remain

22  in office until his or her successor is elected and assumes

23  the duties of the position.

24         (C)  The staggered terms of office in effect on the

25  effective date of this Charter shall continue to be in effect.

26  The Mayor and the City Commissioners from odd-numbered zones

27  one and three shall be elected in odd-numbered years. The City

28  Commissioners from even-numbered zones two and four shall be

29  elected in even-numbered years.

30         SECTION 7.  Powers and duties of commission.--

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (A)  The form of government of the City of Lake Helen

  2  shall be the commission form of government whereby the City

  3  Commission is the head of city government.

  4         (B)  Except as otherwise prescribed herein or provided

  5  by law, all managerial, executive, legislative, and police

  6  powers of the city shall be vested in the City Commission,

  7  including, but not limited to, the following:

  8         (1)  Enacting ordinances, establishing public policy,

  9  and providing general direction for staff actions.

10         (2)  Reviewing and approving all policy and procedure

11  manuals.

12         (3)  Retaining responsibility for all hiring and

13  terminating employees; evaluations in writing, the City

14  Administrator's job performance at the end of an initial

15  6-month probationary period and at least yearly thereafter.

16         (4)  Reviewing and approving all administrative

17  recommendations for staff promotions, demotions, position

18  classifications and reclassifications, and wage and salary

19  increases.

20         (5)  Approving payment of bills and contracts at City

21  Commission meetings.

22         (C)  The City Commission shall provide for the exercise

23  of its powers and for the performance of all duties and

24  obligations imposed on the city by ordinance, resolution,

25  motion, policy directive, or other appropriate action and may

26  delegate such powers as it deems advisable to the City

27  Administrator or the City Attorney.

28         (D)  The City Commission shall create and appoint a

29  Personnel Review Board and a Planning and Land Development

30  Regulation Commission.

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (E)  The City Commission shall adopt a purchasing

  2  policies and procedures manual and a personnel policies and

  3  procedures manual.

  4         (F)  Individual City Commissioners shall not directly

  5  supervise or demand performance from any specific city

  6  employee. All requests from City Commissioners for written

  7  information or performance of tasks by city employees shall be

  8  directed to the City Administrator who shall work with the

  9  appropriate department head to fulfill the request for

10  information or performance.

11         SECTION 8.  Powers and duties of the Mayor and Vice

12  Mayor.

13         (A)  The Mayor shall be a member of the City Commission

14  and, in addition to the regular powers invested in any City

15  Commissioner, the Mayor shall be recognized by the Governor

16  for purposes of military law; have the power to declare an

17  emergency; execute city contracts, unless such execution is

18  delegated to the City Administrator, deeds, and other

19  documents; and represent the city in all agreements with other

20  governmental entities and provide certifications to other

21  governmental entities that the City Commission has approved.

22  The Mayor shall preside at meetings of the City Commission and

23  be recognized as the head of city government for all

24  ceremonial occasions and purposes. For the purposes of votes

25  by the City Commission and actions by the City Commission, the

26  Mayor shall be considered, in every respect, as part of the

27  City Commission.

28         (B)  The Vice Mayor shall be appointed or elected at

29  each organizational meeting of the City Commission as set

30  forth in this subsection. If a City Commissioner is sitting on

31  the Commission who has seniority over all other Commissioners,

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1  that Commissioner shall be appointed to serve as Vice Mayor.

  2  If two or more Commissioners have equal seniority and the

  3  second or all other Commissioners having equal seniority

  4  decline consideration for the position of Vice Mayor, thereby

  5  leaving only a single Commissioner with seniority to so serve,

  6  then the position shall be filled by the remaining

  7  Commissioner with seniority. If, however, there are two or

  8  more Commissioners with equal seniority and, after acts of

  9  declination, if any, there remains more than one Commissioner

10  with equal seniority, then the position of Vice Mayor shall be

11  filled by election of the City Commission with the position

12  being open to all Commissioners having equal seniority. The

13  Vice Mayor shall act as Mayor during the absence or disability

14  of the Mayor. In all instances, the Vice Mayor shall be

15  elected by the affirmative vote of the majority of the City

16  Commission.

17         (C)  The Vice Mayor shall have the same powers and

18  duties as any other City Commissioner, except that he or she

19  shall serve as acting Mayor during the absence or disability

20  of the Mayor and, during such period, shall have the same

21  powers and duties as the Mayor. In the absence of the Mayor

22  and Vice Mayor, the remaining City Commissioners shall elect a

23  City Commissioner to serve as acting Mayor.

24         (D)  In the event that the office of Mayor shall become

25  vacant with less than 1 year remaining in the term, the Vice

26  Mayor shall serve as Mayor for the remainder of the term and

27  the vacancy in his or her office shall be filled as provided

28  in the Charter.

29         SECTION 9.  Compensation and expenses.--

30         (A)  The Mayor and City Commissioners shall continue to

31  receive the salary in effect on the date that this Charter

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1  becomes effective. Thereafter, they shall receive compensation

  2  as established by adoption of a resolution adjusting pay

  3  scales. The salaries of the Mayor, Vice Mayor, and City

  4  Commissioners may be different at the determination of the

  5  City Commission, but all salaries for City Commissioners not

  6  serving as Vice Mayor shall be equal.

  7         (B)  The Mayor and City Commissioners may be reimbursed

  8  for actual expenses incurred while performing their official

  9  duties in accordance with provisions of the Florida Statutes

10  or city resolution.

11         SECTION 10.  Vacancies; forfeiture of office;

12  suspension; recall; filling of vacancies.--

13         (A)  A vacancy in the office of Mayor or of a City

14  Commission seat shall occur upon any of the following: upon

15  the death of the incumbent; removal from office as authorized

16  by law; resignation; election or appointment to other public

17  office which creates dual office holding; judicially

18  determined incompetence; or forfeiture of office.

19         (B)  The Mayor or a City Commissioner shall forfeit his

20  or her office upon determination by the City Commission,

21  acting as a body, that he or she:

22         (1)  Lacks at any time, or fails to maintain during his

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

24  prescribed by this Charter or otherwise required by law. For

25  the length of his or her term, a City Commissioner shall

26  maintain residency within the boundaries of the zone from

27  which he or she ran for office. City Commissioners shall

28  reside at least 45 weeks of each year in the zone in which

29  they live.

30

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (2)  Is convicted of a felony, or enters a plea of

  2  guilty or nolo contendere to a crime punishable as a felony,

  3  even if adjudication of guilt has been withheld.

  4         (3)  Is convicted of a first degree misdemeanor arising

  5  directly out of his or her official conduct or duties or

  6  enters a plea of guilty or nolo contendere thereto, even if

  7  adjudication of guilt has been withheld.

  8         (4)  Is found to have violated any standard of conduct

  9  or code of ethics established by law for public officials and

10  has been suspended from office by the Governor, unless

11  subsequently reinstated as provided by law.

12         (5)  Is absent from not less than three consecutive,

13  regular meetings of the City Commission unless such series of

14  absences, or any one of the absences, is excused by the City

15  Commission by adoption of a resolution setting forth the fact

16  of such excused absence or absences, thereby making the total

17  of consecutive and unexcused absences less than three.

18         (6)  Is found by a vote of the City Commission to have

19  abandoned his or her office as a result of extensive absences.

20         (C)(1)  The Mayor or any City Commissioner shall be

21  suspended from office by the City Commission acting as a body

22  upon return of an indictment or issuance of an information

23  charging the Mayor or a City Commissioner with any crime which

24  is punishable as a felony or with any crime arising out of his

25  or her official conduct or duties which is punishable as a

26  misdemeanor.

27         (2)  During the period of suspension, the Mayor or the

28  City Commissioner shall not perform any official act, duty, or

29  function or receive any allowance, emolument, or privilege of

30  office.

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (3)  If the Mayor or a City Commissioner is

  2  subsequently found not guilty of the charge, or if the charge

  3  is otherwise dismissed or altered so that suspension would no

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

  5  lifted by the City Commission and the Mayor or City

  6  Commissioner shall be entitled to receive full back allowances

  7  and such other emoluments as he or she would have been

  8  entitled to had the suspension not occurred.

  9         (D)  The electors of the city, following the procedures

10  for recall established by state law, may remove the Mayor or

11  any City Commissioner from office.

12         (E)(1)  If, for any reason other than a recall, a

13  vacancy occurs in the office of Mayor within the first year of

14  a term, the Vice Mayor shall assume the position of Mayor and,

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

16  special election for Mayor shall be held to elect a Mayor for

17  the remainder of the unfilled term.

18         (2)  If, for any reason other than a recall, a vacancy

19  occurs in the office of Mayor or any City Commission seat

20  within the last year of a term, the office shall be filled for

21  the remainder of the term by appointment within 30 days

22  following the occurrence of such vacancy by majority vote of

23  the remaining City Commission members.

24         (3)  If, for any reason other than a recall, a vacancy

25  occurs in the office of any City Commission seat within the

26  first year of a term, the office shall be filled by

27  appointment within 30 days following the occurrence of such

28  vacancy by majority vote of the City Commission and such

29  appointment shall expire when a City Commissioner is elected

30  and he or she is seated in accordance with this Charter.

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (4)  If a vacancy occurs as a result of a recall

  2  petition, such vacancy will be filled by special election as

  3  provided in state law.

  4         (5)  Before a person is appointed to fill a vacant seat

  5  on the City Commission, he or she must meet all qualifications

  6  for office.

  7         SECTION 11.  City Commission meetings; organizational

  8  meeting; quorum; special meeting.--

  9         (A)  The City Commission shall meet regularly at least

10  once a month. All meetings shall be subject to notice and

11  other requirements of law applicable to public meetings.

12         (B)  The newly elected Commissioners shall be

13  installed, if elected in the regular biennial election on the

14  first Thursday after the first Monday following the regular

15  biennial election or, if any Commissioner is elected to fill a

16  vacancy, at the next meeting of the City Commission following

17  the election, which meeting must be held not later than 1 week

18  following such election. Installation into office is to be

19  made by the City Commission and consists of declaring election

20  results, administering the oath of office, and receiving a

21  bond from the Commissioners elected, if required by ordinance.

22  The oath of office may be administered by any member of the

23  City Commission or by any judicial officer or notary public of

24  the state and shall be in substantially the following form:

25  "I, _______________, do solemnly swear (or affirm) that I will

26  support, protect, and defend the Constitution and Government

27  of the United States and of the State of Florida against all

28  enemies, domestic or foreign, and that I will bear true faith,

29  loyalty, and allegiance to the same, and that I am entitled to

30  hold office under the Constitution; that I will faithfully

31  perform all duties of the office of ____________________ of

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1  the City of Lake Helen, on which I am about to enter, so help

  2  me God." The City Commission shall elect the Vice Mayor at the

  3  organizational meeting after elected or reelected Mayor/City

  4  Commissioners are inducted into office.

  5         (C)  A majority of the City Commission shall constitute

  6  a quorum. No action of the City Commission shall be valid

  7  unless adopted by an affirmative vote of the majority of the

  8  City Commission that is in attendance, unless otherwise

  9  provided by law or ordinance or as stated herein. Tie votes

10  shall result in the motion failing. All actions of the City

11  Commission shall be accomplished by ordinance, resolution, or

12  motion, although the City Commission may express its consensus

13  in other appropriate ways.

14         (D)  Special meetings may be held at the call of the

15  Mayor or, in the absence of the Mayor, at the call of the Vice

16  Mayor. Special meetings may also be called upon the request of

17  a majority of the City Commissioners. No less than 24 hours'

18  prior notice of the meeting shall be given to the public,

19  unless a declared emergency situation exists.

20         SECTION 12.  City records.--All city public records

21  shall be maintained in accordance with state law. All

22  ordinances or resolutions of the City Commission shall be

23  executed by the Mayor or, in the Mayor's absence, by the Vice

24  Mayor or, in the absence of both, by the acting Mayor, and

25  attested to by the City Administrator.

26         SECTION 13.  Limit of employment of commission members.

27  Neither the Mayor nor City Commissioners shall be in the

28  employment of the city while in office, nor shall any former

29  Mayor or City Commissioner be employed by the city until after

30  the expiration of 1 year after the time of leaving office.

31         SECTION 14.  Charter officers.--

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (A)  The City Administrator and the City Attorney shall

  2  be charter officers.

  3         (B)  The City Administrator shall be a full-time

  4  employee of the City Commission subject to the city's

  5  personnel policies and procedures manual.

  6         (C)  The City Attorney shall be appointed by a majority

  7  vote of the full City Commission and shall serve at the

  8  pleasure of the City Commission.

  9         (D)  The City Attorney may be removed from office only

10  by a majority vote of the full City Commission.

11         (E)  The compensation of the charter officers shall be

12  fixed by the City Commission.

13         (F)  Charter officers may not be candidates for any

14  elected office while holding a charter office position.

15         SECTION 15.  City Administrator qualifications; powers

16  and duties.--

17         (A)  The City Administrator shall fulfill the role of

18  functioning administrative officer of the city serving under

19  the direction and managerial control of the City Commission.

20         (B)  The City Administrator shall be selected on the

21  basis of education, experience, expertise, and management

22  ability as it pertains to administrating municipal government.

23         (C)  The City Administrator shall:

24         (1)  Direct and supervise the administration of all

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

26  otherwise provided by this Charter or by law.

27         (2)  Prepare department head probationary and annual

28  performance evaluations and recommend promotions, demotions,

29  position classifications, reclassifications, and wage and

30  salary adjustments to the City Commission for review and

31  approval.

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (3)  Prepare the agenda and attend City Commission

  2  meetings, take part in discussion, and furnish information as

  3  requested by the City Commission.

  4         (4)  See that all laws and provisions of the Charter

  5  and policies, resolutions, and acts of the City Commission,

  6  subject to enforcement by the City Administrator or by others

  7  under his or her direction and supervision, are faithfully

  8  executed.

  9         (5)  Prepare and submit the annual budget, budget

10  message, and capital program to the Commission.

11         (6)  Administer financial transactions of the city,

12  including investments, withdrawals, and expenditures in

13  accordance with city investment policies and the adopted city

14  budget.

15         (7)  Keep the Commission fully apprised as to the

16  financial condition and future needs of the city and make

17  recommendations to the City Commission concerning the affairs

18  of the city.

19         (8)  Coordinate with both elected officials and city

20  staff of neighboring cities and counties on items that are of

21  mutual concern or items that require an exchange of

22  information.

23         (9)  Coordinate with the City Attorney and City

24  Commission on city legal matters.

25         (10)  Upon City Commission approval, cosign contracts

26  on behalf of the city pursuant to the provisions of

27  ordinances, resolutions, or motions.

28         (11)  Prepare or administer the preparation of city

29  policies and procedure manuals, ordinances, and similar

30  materials for City Commission review and approval.

31

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (12)  Review employee disciplinary actions taken by

  2  subordinate staff and take final administrative action prior

  3  to initiation of review by the City Personnel Review Board and

  4  the City Commission.

  5         (13)  Perform the duties of City Planner, to include,

  6  but not be limited to:

  7         (a)  Preparing the agenda and attending meetings of the

  8  Planning and Land Development Regulation Commission, taking

  9  part in discussions, and furnishing information as requested

10  by the Planning and Land Development Regulation Commission.

11         (b)  Reviewing and preparing staff reports related to

12  site plans, variances, road vacations, subdivision plats, code

13  amendments, comprehensive plan amendments, annexations, and

14  other matters relating to land use and development and growth

15  management.

16         (c)  Interpreting city land development regulations,

17  other city codes and ordinances relating to land development,

18  and the City Comprehensive Plan.

19         (d)  Researching, analyzing, and preparing special

20  studies, ordinances, code amendments, and comprehensive plan

21  amendments for the city.

22         (e)  Representing the city on planning-related matters

23  and coordinating such representation with the City Commission.

24         (14)  Perform the duties of City Clerk during any

25  period of time when appointed by the City Commission to do so.

26  Such duties may include, but are not limited to:

27         (a)  Processing and maintaining all official city

28  documents and records and ensuring that all actions of the

29  City Commission are recorded.

30         (b)  Supervising the preparation and indexing of

31  minutes.

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (c)  Preparing reports and maintaining various property

  2  files.

  3         (d)  Overseeing bid preparation or preparing bids, and

  4  attending bid openings and processing procurement information.

  5         (e)  Processing and signing all purchase orders and

  6  checks.

  7         (f)  Preparing and administering oaths of office.

  8         (g)  Administering the operations of the city cemetery.

  9         (h)  Maintaining personnel folders and retaining

10  records as required.

11         (i)  Performing the duties of City Treasurer.

12         (j)  Performing such other City Clerk-related duties as

13  required by the City Commission.

14         (15)  Perform such other administrative duties and

15  responsibilities as may be required by the City Commission.

16         (16)  Designate an acting City Administrator to act on

17  his or her behalf in his or her absence, except in the

18  performance of the duties of City Clerk. The City Commission

19  shall appoint an individual to perform the duties of City

20  Clerk in the City Administrator's absence.

21         SECTION 16.  City Attorney; qualifications; powers and

22  duties.

23         (A)  The City Attorney shall be the chief legal officer

24  and advisor of the city. The City Attorney may either be

25  retained in house, or be retained part time under contract.

26         (B)  The City Attorney shall be a member in good

27  standing of The Florida Bar.

28         (C)  The City Attorney shall:

29         (1)  Serve as chief advisor to the City Commission, the

30  City Administrator, and all city departments, offices,

31  advisory boards, and agencies.

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (2)  Attend all City Commission meetings, unless

  2  excused by the City Commission, and perform such professional

  3  duties as may be required by law or by the City Commission in

  4  furtherance of the law.

  5         (3)  Engage in litigation on behalf of the City

  6  Commission pursuant to its direction.

  7         (4)  Appoint assistants to assist in the provision of

  8  legal services to the city.

  9         SECTION 17.  Budget and appropriations.--

10         (A)  The City Commission shall adopt a budget and set

11  tax rates in accordance with state law.

12         (B)  The City Commission shall have all powers of local

13  government vested in it by state law relative to fiscal

14  processes and procedures.

15         (C)  The City Commission shall adopt a financial policy

16  at such times as it deems appropriate to provide for financial

17  management policies of the city.

18         (D)  The City Commission shall enact a purchasing code

19  to regulate the procurement of goods and services.

20         SECTION 18.  Electors and elections.--

21         (A)  Any person who is a resident of the city, who has

22  qualified as an elector of this state, and who registers in

23  the manner prescribed by law shall be an elector of the city.

24         (B)  All elections for city elective offices shall be

25  conducted on a nonpartisan basis without any designation of

26  political party affiliation.

27         (C)  Any person who wishes to become a candidate for a

28  city elective office shall qualify in accordance with state

29  law and this Charter with the City Clerk no sooner than 45

30  calendar days nor later than 35 calendar days prior to the

31  second Tuesday in September of each odd-numbered year.

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (D)  The regular city election shall be the first

  2  Tuesday after the first Monday in November of each

  3  odd-numbered year. Such city elections shall be general city

  4  elections. If there are more than two candidates who qualify

  5  for any office, a primary city election shall be held on the

  6  date set forth in the special acts, or other applicable law,

  7  governing municipal elections in Volusia County.

  8         (E)(1)  All other special elections shall be held in

  9  the same manner as regular elections and the City Commission

10  shall, by resolution, fix the time for holding such elections.

11         (2)  In case three or more vacancies exist

12  simultaneously in the City Commission, the remaining

13  Commissioner or Commissioners shall provide for filling such

14  vacancies by calling a special election, which they are hereby

15  authorized to do, in the event such vacancies exist more than

16  6 months before the next regular biennial election. In the

17  event such three or more vacancies exist simultaneously less

18  than 6 months prior to the next regular biennial election, the

19  remaining City Commissioner or City Commissioners shall fill

20  such vacancies by appointment for the remainder of the

21  unexpired terms. In the event there are two remaining

22  Commissioners and they cannot agree upon appointments within

23  10 days after said three or more vacancies occur, then it

24  shall be their duty to call a special election to fill such

25  vacancies. In the event there are five simultaneous vacancies

26  with regard to the Mayor and all City Commissioners, the City

27  Administrator, or in the event of the office of the City

28  Administrator being vacant, or in the event of his or her

29  inability or refusal to act, then the City Attorney shall have

30  the power to call a special election to fill the vacancy or

31  vacancies in the office of Mayor and City Commissioner.

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1         (F)(1)  If only one candidate qualifies for an office,

  2  that candidate shall be deemed to be elected and shall not be

  3  placed on either the general or the primary ballot.

  4         (2)  If a primary city election is held and any

  5  candidate for an office receives a majority of the votes cast

  6  in the primary election for the office, he or she shall be

  7  deemed to be elected to that office and the office will not be

  8  subject to an election at the general city election.

  9         (3)  If no single candidate for an office receives a

10  50-percent plus one majority of the votes cast in the city

11  primary election for that office, the two candidates for the

12  office receiving the highest vote in the primary city election

13  shall run against one another in the general city election.

14         (4)  In any primary election in which there is a tie

15  for first place for election to an office, the name of each

16  such candidate shall be placed on the city's general election

17  ballot for the office.

18         (5)  In any primary election in which there is a tie

19  for second place for election to an office and the candidate

20  placing first did not receive a majority of the votes cast for

21  such office, the name of the candidate placing first and the

22  name of each candidate tying for second place shall be placed

23  on the city's general election ballot.

24         (6)  The candidate receiving the highest number of

25  votes cast for the office in the city's general election shall

26  be elected to such office. If the vote at the general city

27  election results in a tie, the outcome shall be determined by

28  lot as follows:

29         (a)  At the City Commission's organizational meeting,

30  the Supervisor of Elections of Volusia County or the City

31  Administrator shall toss a coin. Prior to the toss, in

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1  alphabetical order, the two candidates shall call the coin

  2  with one candidate choosing "heads" and one candidate choosing

  3  "tails."

  4         (b)  The candidate whose call matches the coin toss

  5  shall be declared elected to the office.

  6         (G)  The results of elections shall be canvassed by the

  7  city or county canvassing board or in accordance with the

  8  Florida Election Code. The City Commission may enact

  9  appropriate ordinances to provide for city elections

10  consistent with the provisions of state law.

11         SECTION 19.  Charter amendment.--

12         (A)  This Charter may be amended in accordance with the

13  provisions of the Municipal Home Rule Powers Act, chapter 166,

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

15  time, or as may otherwise be provided by general law. The

16  form, content, and certification of any petition to amend

17  shall be established by ordinance.

18         (B)  A Charter Review Committee may be appointed at any

19  time by the City Commission. Each zone Commission member shall

20  appoint one member from his or her zone, and the Mayor shall

21  appoint one member at large. The committee shall complete its

22  work and present any recommendations for change within the

23  time period as prescribed by the City Commission. The City

24  Commission may act on the proposed changes to the Charter and

25  place the proposed changes on the next scheduled general

26  election ballot if it concurs with the proposals.

27         SECTION 20.  Standards of conduct.--All elected

28  officials, appointed officials, and employees of the city

29  shall be subject to the standards of conduct for the public

30  officers and employees established in state law. In addition,

31  the City Commission may, by ordinance, establish a

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1  supplemental code of ethics for the city, which may in no case

  2  diminish the provisions of state law.

  3         SECTION 21.  Ordinances preserved.--All ordinances in

  4  effect upon the adoption of this Charter, to the extent not

  5  inconsistent with it, shall remain in force until repealed or

  6  changed as provided herein.

  7         SECTION 22.  Rights of officers and employees.--

  8         (A)  Nothing in this Charter except as otherwise

  9  specifically provided shall affect or impair the rights or

10  privileges of persons who are officers or employees of the

11  City of Lake Helen at the time of adoption.

12         (B)  All officers heretofore elected or appointed and

13  holding office in the City of Lake Helen shall continue to

14  hold their respective offices and to discharge the duties

15  thereof until their successors are elected and qualified.

16         SECTION 23.  Pending matters; savings clause.--

17         (A)  All rights, title, claims, actions, orders,

18  contracts, ownership of property, uncollected taxes, dues,

19  judgments, decrees, legal or administrative proceedings

20  involving the City of Lake Helen, and all property and

21  property rights of every nature whatever held or owned by the

22  City of Lake Helen shall continue except as modified pursuant

23  to the provisions of this Charter.

24         (B)  No obligation or contract of the said municipality

25  of any nature whatever, including outstanding indebtedness and

26  bonds heretofore issued, shall be impaired or avoided by this

27  act, but all debts and obligations of the City of Lake Helen

28  shall pass to and be binding upon the municipality hereby

29  organized and created.

30         Section 4.  If any provision of this act or the

31  application thereof to any person or circumstances is held

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    Florida Senate - 2002        (NP)                      SB 2552
    16-1068-02                                          See HB 955




  1  invalid, the invalidity shall not affect other provisions or

  2  applications this act which can be given effect without the

  3  invalid provision or application and to this end the

  4  provisions of this act are declared severable.

  5         Section 5.  Chapters 5510 (1905), 9006 (1921), 9811

  6  (1923), 11584 (1925), 11585 (1925), 14169 (1929), 14611

  7  (1929), 15296 (1931), 18639 (1937), 22364 (1943), 29223

  8  (1953), 30915 (1955), 59-1473, 59-1474, and 63-1511, Laws of

  9  Florida, are repealed.

10         Section 6.  This act shall take effect upon becoming a

11  law.

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