HB 1297

1	A bill to be entitled
2	An act relating to the Town of Grant-Valkaria, Brevard
3	County; creating the Town of Grant-Valkaria; providing a
4	charter for the town; providing powers of the town;
5	providing for liberal construction; providing for a town
6	council-administrator form of government; providing
7	corporate boundaries; providing that the town may contract
8	with other governmental entities; providing for a town
9	council and its powers and duties, compensation, and
10	membership; providing for a mayor and vice mayor and their
11	powers and duties; providing for filling of vacancies;
12	providing for meetings of the town council; providing for
13	ordinances; restricting the use of eminent domain;
14	providing for a town administrator and his or her powers
15	and duties, appointment, qualifications, and compensation;
16	requiring the town administrator to furnish a security
17	bond; providing for removal or absence of the town
18	administrator; providing that the town may establish
19	departments, offices, and agencies and providing for
20	administration of those under the direction and
21	supervision of the town administrator; providing for a
22	personnel system; providing for a town attorney; providing
23	for land use, development, and environmental planning;
24	providing for accounting procedures; specifying the fiscal
25	year of the town; requiring an annual audit; providing for
26	availability of financial records of the town; providing
27	for public deposits; providing requirements for purchase
28	or sale of real property by the town; providing for an
29	annual budget; authorizing the levy of certain taxes
30	within the town; prohibiting the issuance of certain bonds
31	or entering into certain types of contracts unless
32	approved by referendum; providing for emergency
33	appropriations; providing for town elections; providing
34	for conduct of officials in office; providing for
35	appointments and removals of town administrative officers
36	and employees; providing that the town council shall deal
37	with the town administrator and not officers and employees
38	of the administrator; providing for regulation of campaign
39	financing; requiring a long-range plan and a 5-year
40	financial plan; providing for emergency operations;
41	providing for dissolution; providing for charter amendment
42	and review; providing for regulation of land use, zoning,
43	and development; providing for transition, including an
44	interim council, continuity and sources of revenues, and
45	continuity of services; providing severability; requiring
46	a referendum; providing an effective date.
47
48	WHEREAS, we, the people of the Town of Grant-Valkaria,
49	under the Constitution and laws of the State of Florida, in
50	order to secure the local benefits of self-government, preserve
51	our history, protect our future, maintain a rural quality of
52	life, and foster responsible, community-controlled growth, have
53	ratified this charter by referendum, and
54	WHEREAS, this charter secures the benefits of home rule and
55	affirms the value of representative democracy, strong community
56	leadership, citizen participation, and regional cooperation,
57	NOW, THEREFORE,
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  Town of Grant-Valkaria; charter; creation;
62	powers; construction; form of government; boundaries;
63	intergovernmental relations.--
64	(1)  CHARTER; CREATION.--This act, together with any
65	amendments thereto, may be known as the "Charter of the Town of
66	Grant-Valkaria," and the Town of Grant-Valkaria ("town") is
67	hereby created and established.
68	(2)  POWERS OF THE TOWN.--The town shall retain claim to
69	all power and legal rights granted to municipalities under the
70	Constitution and laws of the State of Florida as fully and
71	completely as though they were specifically enumerated in this
72	charter.
73	(3)  CONSTRUCTION.--The power of the town, under this
74	charter, shall be construed liberally in favor of the town. The
75	specific mention of particular powers in this charter shall not
76	be construed as limiting in any way the general power granted in
77	this section.
78	(4)  FORM OF GOVERNMENT.--The town shall have a town
79	council-administrator form of government, as defined in sections
80	2 and 3.
81	(5)  CORPORATE BOUNDARIES.--
82
83	That area lying mostly North of Senne Road, East of
84	Babcock Road, South of the City limits of Malabar, and
85	West of the centerline of the Indian River Channel.
86	Bounded on the North by the North lines of Sections
87	15, 14 and 13 of Township 29S, Range 37E, and Sections
88	18 and 17, Township 29S, Range 38E, Brevard County,
89	Florida, and its easterly projection to the centerline
90	of the Indian River channel.
91	Bounded on the East by a line beginning at the
92	centerline of the Indian River Channel and the
93	Easterly projection of the North line of Section 17,
94	Township 29 South, Range 38 East; thence Southerly
95	along said centerline of the Indian River Channel to
96	the Westerly projection of the South line of the North
97	220 feet of GL-4 Section 10, Township 29 South, Range
98	38 East; thence Easterly 3,150 Feet along said
99	Westerly projection of the South line of the North 220
100	feet of GL-4; thence due South to the Easterly
101	projection of the North line of GL-2 of Section 34,
102	Township 29 South, Range 38 East; thence Westerly
103	along said Easterly projection of the North line of
104	GL-2 to the centerline of the Indian River Channel;
105	thence Southerly along said centerline of the Indian
106	River Channel to the intersection of the Easterly
107	projection of the South line of Section 3, Township 30
108	South, Range 38 East.
109	Bounded on the South by a line beginning at the
110	intersection of the centerline of the Indian River
111	channel and the Easterly projection of the South line
112	of Section 3, Township 30 South, Range 38 East; thence
113	Westerly along said South line and its Westerly
114	projection to the East line of Tax Parcel 250, lying
115	in Section 1, Township 30 South, Range 37 East, as
116	recorded in Official Records Book (ORB) 4258, Page 968
117	of the Public Records of Brevard County, Florida;
118	thence northerly along said East line to the North
119	line of said Section 1; thence westerly along said
120	North line and its westerly projection to the East
121	line of the SW 1/4 of Section 34, Township 29 South,
122	Range 37 East; thence northerly along the East line of
123	the SW 1/4 of said Section 34 to the South line of Tax
124	Parcel 762 as recorded in Official Records Book 4895,
125	Page 625 of said Public Records; thence easterly along
126	the South line of said Tax Parcel 762 to the East line
127	of said Tax Parcel 762; thence northerly along said
128	East line to the North line of the SW 1/4 of said
129	Section 34; thence westerly along the North line of
130	the SW 1/4 of said Section 34 to the intersection of
131	the centerline of Babcock St.
132	Bounded on the West by the centerline of Babcock St.
133	Except:
134	Tax Parcel 276 as recorded in Official Record Book
135	5193 Page 3598, in Section 27, Township 29 South,
136	Range 37 East, of Public Records of Brevard County,
137	Florida.
138	Tax Parcel 334 as recorded in Official Record Book
139	5193 Page 3629, in Section 27, Township 29 South,
140	Range 37 East, of Public Records of Brevard County,
141	Florida.
142	Tax Parcel 335 as recorded in Official Record Book
143	5193 Page 3562, in Section 27, Township 29 South,
144	Range 37 East, of Public Records of Brevard County,
145	Florida.
146	Tax Parcel 336 as recorded in Official Record Book
147	5193 Page 3831, in Section 27, Township 29 South,
148	Range 37 East, of Public Records of Brevard County,
149	Florida.
150	Tax Parcel 504 as recorded in Official Record Book
151	5375 Page 6773, in Section 27, Township 29 South,
152	Range 37 East, of Public Records of Brevard County,
153	Florida.
154	Tax Parcel 278 as recorded in Official Record Book
155	4003 page 3742, in Section 22, Township 29 South,
156	Range 37 East, of Public Records of Brevard County,
157	Florida.
158	Tax Parcels 270 and 309, as recorded in Official
159	Record Book 4951 Page 1494, in Section 22, Township 29
160	South, Range 37 East, of Public Records of Brevard
161	County, Florida.
162	AND in the SW 1/4 of Section 15, Township 29 South,
163	Range 37 East being more particularly described as
164	follows:
165	Tax Parcel 519, 573, 536, 572, 532, 549, 533, 575,
166	534, 554, 535, 515 and 540 as recorded in the Official
167	Record Book 4607 page 3439 of the Public Records of
168	Brevard County, Florida.
169	Except: All of land described in ORB 4643 page 324, in
170	Section 15, Township 29 South, Range 37 East, as
171	recorded in Public Records of Brevard County, Florida
172	AKA as tax parcels:
173	Tax parcel 277, as recorded in ORB 4167 page 3180
174	Tax parcel 278, as recorded in ORB 4167 page 3180
175	Tax parcel 279, as recorded in ORB 4167 page 3180
176	Tax parcel 280, as recorded in ORB 4167 page 3180
177	Tax parcel 281, as recorded in ORB 4237 page 679
178	Tax parcel 290, as recorded in ORB 4237 page 680
179	Tax parcel 298, as recorded in ORB 4237 page 681
180	and,
181	The South 435.00 feet of the West 350.00 feet of Lot
182	24, Florida Indian River Land Company Subdivision, as
183	recorded in Plat Book 1, Page 165, of the Public
184	Records of Brevard County, Florida, less and except
185	the South 35.00 feet and the West 50.00 feet thereof.
186
187	(6)  INTERGOVERNMENTAL RELATIONS.--The town may participate
188	by contract or otherwise with any governmental entity of the
189	state, or any other state or states of the United States, in the
190	performance of any activity that one or more of such entities
191	have the authority to undertake.
192	Section 2.  Town council; mayor; vice mayor; ordinances;
193	eminent domain.--
194	(1)  TOWN COUNCIL.--The term "council" means the Grant-
195	Grant-Valkaria Town Council and includes the mayor.
196	(a)  The town council shall consist of six council members
197	and one mayor, for a total of seven members, all of whom shall
198	be elected at large and in accordance with section 6. The
199	council members shall occupy seats numbered 1 through 6.
200	(b)  Four or more members of the town council shall
201	constitute a majority, and five or more members of the town
202	council shall constitute a supermajority. A majority of the town
203	council shall constitute a quorum, but a smaller number may
204	adjourn as required and may compel the attendance of absent
205	members in the manner and subject to any penalties prescribed by
206	rules adopted by the town council.
207	(c)  All powers of the town shall be vested in the elected
208	town council, except as otherwise provided by law or by this
209	charter.
210	(2)  MAYOR.--The mayor shall preside at meetings of the
211	town council. The mayor shall be a regular voting member of the
212	town council. The mayor shall be recognized as the head of town
213	government for all ceremonial purposes; for purposes of military
214	law; for service of process and execution of town council
215	authorized contracts, deeds, and other documents; and as the
216	town official designated to represent the town when dealing with
217	other governmental entities on behalf of the town.
218	(3)  VICE MAYOR.--The vice mayor shall act as mayor in the
219	absence of the mayor. The vice mayor shall be elected from among
220	council members for a term of 1 year or until his or her
221	successor is elected. A council member shall not serve
222	consecutive terms as vice mayor unless no other council member
223	is willing to serve as vice mayor.
224	(4)  VACANCIES.--The office of a town council member shall
225	become vacant upon the incumbent's death, resignation, or
226	removal from office in any manner authorized by law or by
227	forfeiture of his or her office.
228	(a)  A town council member shall forfeit his or her seat if
229	at any time during his or her term he or she ceases to maintain
230	his or her permanent residence in the town or if he or she
231	otherwise ceases to be a qualified elector of the town.
232	(b)  Any member of the town council shall be subject to
233	forfeiture of his or her office if he or she is absent without
234	good cause from any three consecutive regular meetings of the
235	council or if he or she is absent without good cause from any
236	four regular meetings of the council within any 12-month period.
237	(c)  The town council shall be the sole judge of the
238	qualifications of its members and shall hear all questions
239	relating to forfeiture of a council member's office, including
240	whether good cause for absence has been or may be established.
241	The burden of establishing good cause shall be on the council
242	member in question; however, any council member may at any time
243	during any duly held meeting move to establish good cause for
244	his or her absence or the absence of any other council member
245	from any past, present, or future meeting or meetings, which
246	motion, if carried, shall be conclusive.
247	(d)  A council member whose qualifications are in question
248	or who is otherwise subject to forfeiture of his or her office
249	shall not vote on any such matters. The council member in
250	question shall be entitled to a public hearing on requests
251	regarding an alleged forfeiture of office. If a public hearing
252	is requested, notice thereof shall be published in one or more
253	newspapers of general circulation in the town at least 1 week in
254	advance of the hearing.
255	(e)  Any final determination by the town council that a
256	council member has forfeited his or her office shall be made by
257	resolution. All votes and other acts of the council member in
258	question prior to the effective date of such resolution shall be
259	valid regardless of the grounds of forfeiture.
260	(5)  FILLING OF VACANCIES.--
261	(a)  A vacancy on the town council shall be filled by a
262	majority vote of the remaining members of the town council,
263	unless at the time of the vacancy there are fewer than 6 months
264	remaining before the next regular election of town council
265	members, in which case the town council shall have the
266	discretion to leave the seat vacant until the next regular
267	election of town council members. Any person appointed by the
268	town council to fill a vacancy shall hold office until the next
269	regular town council election. The elected replacement shall
270	serve the remaining term for the vacated seat.
271	(b)  In the event that all the members of the town council
272	are removed by death, disability, recall, forfeiture of office,
273	resignation, or any combination thereof, the Governor shall
274	appoint an interim town council. The interim town council shall
275	call a special election within not fewer than 60 days or more
276	than 90 days after such appointment. Such election shall be held
277	in the same manner as the initial elections under this charter.
278	However, if there are fewer than 6 months remaining in the
279	unexpired terms, the interim town council appointed by the
280	Governor shall serve out the unexpired terms.
281	(c)  Persons filling vacancies shall meet the
282	qualifications specified in section 6(8).
283	(d)  Notwithstanding any quorum requirements established
284	herein, if at any time the full membership of the town council
285	is reduced to less than a quorum, the remaining members may, by
286	unanimous vote, appoint additional members to the extent
287	permitted or required under this subsection.
288	(6)  COMPENSATION; REIMBURSEMENT FOR EXPENSES.--
289	(a)  The council members shall serve as town volunteers and
290	shall not be compensated.
291	(b)  The council members shall receive reimbursement for
292	council-approved expenses in accordance with applicable law, or
293	as may be otherwise provided by ordinance, for authorized travel
294	and per diem expenses incurred in the performance of their
295	official duties. An ordinance establishing, increasing, or
296	decreasing reimbursement for expenses of the council members may
297	be adopted at any time.
298	(7)  INVESTIGATIONS.--The town council may make
299	investigations into the affairs of the town and the conduct of
300	any town department, office, or agency and for this purpose may
301	subpoena witnesses, administer oaths, take testimony, and
302	require the production of evidence.
303	(8)  MEETINGS.--
304	(a)  The town council shall hold a minimum of 11 monthly
305	meetings in each fiscal year at such times and places as the
306	town council may prescribe by rule. Special meetings may be held
307	on the call of the mayor or four or more members and, whenever
308	feasible, upon no less than 24 hours' notice to each member.
309	Except as otherwise provided by general law, all meetings shall
310	be public.
311	(b)  The town council shall determine its own rules and
312	order of business and procedure; however, in the absence of
313	same, the latest edition of Robert's Rules of Order shall be
314	used. The town council shall provide for keeping the journal of
315	its proceedings, which journal shall be a public record except
316	as otherwise provided by general law.
317	(c)  During all town council votes, the individual votes as
318	cast by each person on the town council shall be recorded in the
319	journal of that meeting. No action of the town council, except
320	as otherwise provided in this charter, shall be valid or binding
321	unless adopted by a majority decision. Except as otherwise
322	provided in this charter, all land use and quasi-judicial items
323	shall require a supermajority decision.
324	(9)  ORDINANCES.--In addition to other acts required by law
325	or by specific provision of this charter to be done by
326	ordinance, those acts of the town council shall be done by
327	ordinance, in accordance with the provisions of this charter,
328	which:
329	(a)  Adopt or amend an administrative code or establish,
330	alter, or abolish any town department, office, or agency;
331	(b)  Regulate land use and development;
332	(c)  Levy taxes;
333	(d)  Grant, renew, or extend a franchise;
334	(e)  Regulate the rate charged by a public utility for its
335	services;
336	(f)  Authorize the borrowing of money;
337	(g)  Convey or lease, or authorize the conveyance or lease
338	of, any lands of the town;
339	(h)  Provide for a fine or other penalty or establish a
340	rule or regulation for violation of which a fine or other
341	penalty is imposed;
342	(i)  Amend or repeal any ordinance previously adopted; or
343	(j)  Adopt, with or without amendment, ordinances proposed
344	under the initiative power.
345
346	Acts other than those referred to in this subsection may be done
347	either by ordinance or by resolution.
348	(10)  EMINENT DOMAIN.--In no case shall the town council
349	exercise its powers of eminent domain or condemnation to acquire
350	property for private development purposes, regardless of the
351	public good such eminent domain or condemnation might support.
352	(11)  ORDINANCES IN GENERAL.--
353	(a)  Every proposed ordinance shall be introduced in
354	writing and in the form required for final adoption. No
355	ordinance shall contain more than one subject, which shall be
356	clearly expressed in its title. The enacting clause shall read,
357	"The Town of Grant-Valkaria hereby ordains:". Any ordinance that
358	repeals or amends an existing ordinance or part of the town code
359	shall set out in full the ordinance and the sections or
360	subsections to be repealed or amended and shall indicate matters
361	to be omitted by enclosing brackets or by strikeout type and
362	shall indicate new matters by italics or by underscoring.
363	(b)  Any member of the town council at any regular or
364	special meeting of the town council may introduce an ordinance.
365	Upon introduction of any ordinance, the town clerk shall
366	distribute a copy to each council member and the town
367	administrator, shall file a reasonable number of copies in the
368	office of the town clerk and such other public places as the
369	town council may designate, and shall publish the ordinance
370	together with a notice setting out the time and place for a
371	public hearing thereon and for its consideration by the town
372	council. The public hearing shall follow the publication by at
373	least 7 calendar days, may be held separately or in connection
374	with a regular or special town council meeting, and may be
375	adjourned from time to time; all persons interested shall have
376	an opportunity to be heard. After the hearing, the town council
377	may adopt the ordinance with or without amendment or reject it,
378	but if it is amended as to any matter of substance, the town
379	council may not adopt it until the ordinance or its amended
380	sections have been subjected to all the procedures hereinbefore
381	required in the case of a newly introduced ordinance. As soon as
382	feasible after adoption, the clerk shall have the ordinance and
383	a notice of its adoption published and available at a reasonable
384	price. As used in this section, the term "publish" means to
385	provide in the contemporary means of information sharing, which
386	includes, but is not limited to, one or more newspapers of
387	general circulation in the town and, if available, in a website,
388	the ordinance or a brief summary thereof, the places where
389	copies of it have been filed, and the times when they are
390	available for public inspection and purchase at a reasonable
391	price.
392	(c)  Except as otherwise provided in this charter, every
393	adopted ordinance shall become effective at the expiration of 30
394	days after adoption or at any later date specified therein.
395	(d)  To meet a public emergency affecting life, health,
396	property, or the public peace, the town council may adopt one or
397	more emergency ordinances, but such ordinances may not levy
398	taxes; grant, renew, or extend a franchise; regulate the rate
399	charged by any public utility for its services; or authorize the
400	borrowing of money except as provided in section 5(8). An
401	emergency ordinance shall be introduced in the form and manner
402	prescribed for ordinances generally, except that it shall be
403	plainly designated as an emergency ordinance and shall contain,
404	after the enacting clause, a declaration stating that an
405	emergency exists and describing it in clear and specific terms.
406	An emergency ordinance may be adopted with or without amendment
407	or rejected at the meeting at which it is introduced, but the
408	affirmative vote of four or more members shall be required for
409	adoption. After its adoption, the ordinance shall be published
410	as prescribed for other adopted ordinances. It shall become
411	effective upon adoption or at such later time as it may specify.
412	Every emergency ordinance except an emergency appropriation as
413	described in section 5(9) shall automatically stand repealed as
414	of the 61st day following the date on which it was adopted, but
415	this shall not prevent reenactment of the ordinance in the
416	manner specified in this section if the emergency still exists.
417	An emergency ordinance may also be repealed by adoption of a
418	repealing ordinance in the same manner specified in this section
419	for adoption of emergency ordinances.
420	(e)  The town council may adopt any standard code of
421	technical regulations by reference thereto in an adopting
422	ordinance. The procedure and requirements governing such an
423	adopting ordinance shall be as prescribed for ordinances
424	generally, except that:
425	1.  The requirements of this charter for distribution and
426	filing of copies of the ordinance shall be construed to include
427	copies of the code of technical regulations as well as of the
428	adopting ordinance.
429	2.  A copy of each adopted code of technical regulations as
430	well as of the adopting ordinance shall be authenticated and
431	recorded by the town clerk pursuant to this charter.
432	3.  Copies of any adopted code of technical regulations
433	shall be made available by the town clerk for distribution or
434	for purchase at a reasonable price, consistent with the current
435	year's budget.
436	(f)  The town clerk shall authenticate by signing and shall
437	record in full in a properly indexed document kept for that
438	purpose all ordinances and resolutions adopted by the town
439	council.
440	(g)  Within 3 years after adoption of this charter and at
441	least every 10 years thereafter, the town council shall provide
442	for the preparation of a general codification of all town
443	ordinances and resolutions having the force and effect of law.
444	The general codification shall be adopted by the town council by
445	ordinance and shall be published, together with this charter and
446	any amendments thereto, pertinent provisions of the constitution
447	and other laws of the state, and such codes of technical
448	regulations and other rules and regulations as the town council
449	may specify. This compilation shall be known and cited
450	officially as the Grant-Valkaria Town Code. Copies of the code
451	shall be furnished to town officers, placed in libraries, public
452	offices, and, if available, on a website for free public
453	reference, and made available for purchase by the public at a
454	reasonable price fixed by the town council.
455	(h)  The town council shall cause each ordinance and
456	resolution having the force and effect of law and each amendment
457	to this charter to be published promptly following its adoption,
458	and the published ordinances, resolutions, and charter
459	amendments shall be distributed or sold to the public at
460	reasonable prices as fixed by the town council. Following
461	publication of the first Grant-Valkaria Town Code and at all
462	times thereafter, the ordinances, resolutions, and charter
463	amendments shall be published in substantially the same style as
464	the code currently in effect and shall be suitable in form for
465	integration therein. The town council shall make such further
466	arrangements as it deems desirable with respect to reproduction
467	and distribution of any changes in or additions to the
468	provisions of the Constitution and laws of the State of Florida
469	or the codes of technical regulations and other rules and
470	regulations included in the code.
471	Section 3.  Town administrator.--
472	(1)  APPOINTMENT; QUALIFICATIONS; COMPENSATION.--The town
473	council, by majority vote, shall appoint a town administrator
474	for an indefinite term and set the town administrator's
475	compensation. The town administrator shall be appointed
476	primarily on the basis of education and experience in the
477	accepted competencies and practices of local government
478	management. The town administrator need not be a resident of the
479	town or state at the time of appointment but may reside outside
480	the town while in office only with the approval of the town
481	council. The town administrator is continuously responsible to
482	the town council, the elected representatives of the people.
483	(2)  REMOVAL.--The town council may request the resignation
484	of the town administrator. If the town administrator declines to
485	resign at the town council's request, the town council may
486	suspend the administrator by a resolution approved by a majority
487	of the town council. Such resolution shall set forth the reasons
488	for suspension and proposed removal. A copy of such resolution
489	shall be served immediately upon the town administrator. The
490	town administrator shall have 15 days in which to reply thereto
491	in writing and, upon request, shall be afforded a public
492	hearing, which shall occur not earlier than 10 days or later
493	than 15 days after such hearing is requested. After the public
494	hearing, if one is requested, and after full consideration, the
495	town council, by a majority vote, may adopt a final resolution
496	of removal. The town administrator shall continue to receive
497	full salary until the effective date of a final resolution of
498	removal.
499	(3)  ABSENCE OR DISABILITY.--
500	(a)  To perform his or her duties during his or her
501	temporary absence or disability, the town administrator may
502	designate, by letter filed with the town clerk, an interim town
503	administrator.
504	(b)  In the event of failure or inability of the town
505	administrator to make such designation, or should the person so
506	designated by the town administrator be unsatisfactory to the
507	town council, the town council may by resolution appoint an
508	interim town administrator to perform the duties of the town
509	administrator until he or she returns or his or her disability
510	ceases.
511	(4)  POWERS AND DUTIES.--The town administrator shall be
512	the chief executive officer of the town, responsible to the town
513	council for the management of all town affairs placed in the
514	town administrator's charge by or under this charter. The town
515	administrator shall:
516	(a)  Hire or fill existing positions, including the town
517	clerk, and when the town administrator deems it necessary for
518	the good of the town, suspend or remove town employees, except
519	as otherwise provided by law or this charter. The town
520	administrator may serve as town clerk.
521	(b)  Direct and supervise the administration of all
522	departments and offices, but not town boards or agencies, except
523	as otherwise directed by the town council or provided by this
524	charter.
525	(c)  Attend all town council meetings. The town
526	administrator shall have the right to take part in discussion
527	but shall not have the right to vote.
528	(d)  Ensure that all laws, provisions of this charter, and
529	acts of the town council, subject to enforcement by the town
530	administrator or by officers subject to the town administrator's
531	direction and supervision, are faithfully executed.
532	(e)  Prepare and submit the annual budget and capital
533	program, as specified in section 5, to the town council and
534	implement the final budget approved by the town council to
535	achieve the goals of the town.
536	(f)  Submit to the town council, and make available to the
537	public, a complete report on the financial and administrative
538	activities of the town as of the end of each fiscal year.
539	(g)  Prepare such other reports as the town council may
540	require concerning the operations of town departments, offices,
541	boards, and agencies.
542	(h)  Keep the town council fully advised as to the
543	financial condition and current and future needs of the town.
544	(i)  Assist the town council in developing long-term goals
545	for the town and strategies to implement these goals.
546	(j)  Make recommendations to the town council concerning
547	the affairs of the town and facilitate the work of the town
548	council in developing policy.
549	(k)  Provide staff support services for the mayor and
550	council members.
551	(l)  Encourage and provide staff support for regional and
552	intergovernmental cooperation.
553	(m)  Promote partnerships among the town council, staff,
554	and citizens in developing public policy and building a sense of
555	community.
556	(n)  Perform all such other duties as are specified in this
557	charter or that may be required by the town council.
558	(5)  BOND.--The town administrator and, where applicable,
559	an interim town administrator shall furnish a security bond to
560	be approved by the town council, in such amount as the town
561	council may specify, such bond to be conditioned on the faithful
562	performance of his or her duties. The premium of the bond shall
563	be paid by the town.
564	Section 4.  Departments, offices, and agencies; town
565	attorney; land use.--
566	(1)  CREATION OF DEPARTMENTS, OFFICES, AND AGENCIES.--The
567	town council may establish town departments, offices, and
568	agencies in addition to those created by this charter and shall
569	prescribe the functions of all departments, offices, and
570	agencies. No function assigned by this charter to a particular
571	department, office, or agency may be discontinued or assigned to
572	any other unless specified by this charter.
573	(2)  DIRECTION BY TOWN ADMINISTRATOR.--All departments,
574	offices, and agencies under the direction and supervision of the
575	town administrator shall be administered by an officer appointed
576	by and subject to the direction and supervision of the town
577	administrator. With the consent of the town council, the town
578	administrator may serve as the head of one or more such
579	departments, offices, or agencies or may appoint one person as
580	the head of two or more of them.
581	(3)  PERSONNEL SYSTEM.--
582	(a)  All appointments and promotions of town officers and
583	employees shall be made primarily on the basis of merit or other
584	evidence of competence.
585	(b)  Consistent with all applicable federal and state laws,
586	the town council shall provide by ordinance for the
587	establishment, regulation, and maintenance of a merit system
588	governing personnel policies necessary to effective
589	administration of the employees of the town's departments,
590	offices, and agencies.
591	(4)  TOWN ATTORNEY.--The town council shall appoint the
592	town attorney by an affirmative vote of a majority of the town
593	council. The town council shall establish a contract term for
594	the town attorney that includes scheduled reviews. The town
595	attorney shall report to the town council to serve as chief
596	legal adviser to the town council, the town administrator, and
597	all town departments, offices, and agencies. Compensation and
598	benefits of the town attorney shall be set by the town council.
599	The town attorney shall be a member in good standing of The
600	Florida Bar. The town council may remove the town attorney at
601	any time by an affirmative vote of a majority of the town
602	council. The town attorney shall take office immediately on
603	appointment, and the terms and conditions shall be reduced to a
604	written contract. The town council shall have the authority to
605	engage such additional legal counsel as it deems advisable and
606	necessary.
607	(5)  LAND USE, DEVELOPMENT, AND ENVIRONMENTAL
608	PLANNING.--Consistent with all applicable federal and state laws
609	with respect to land use, development, and environmental
610	planning, the town council shall:
611	(a)  Designate an agency or agencies to carry out the
612	planning function and such decisionmaking responsibilities as
613	may be specified by ordinance or in section 9.
614	(b)  Adopt a comprehensive plan and determine to what
615	extent zoning and other land use control ordinances must be
616	consistent with the plan.
617	(c)  Determine to what extent the comprehensive plan and
618	zoning and other land use ordinances must be consistent with
619	regional plans.
620	(d)  Adopt development regulations, to be specified by
621	ordinance, to implement the plan.
622
623	The designated agency, the town administrator, and the town
624	council shall seek to act in cooperation with other
625	jurisdictions and organizations in their region to promote
626	integrated approaches to regional issues.
627	Section 5.  Finances.--
628	(1)  ACCOUNTING PROCEDURES.--The town administrator shall
629	prescribe and require, except as may be prescribed and required
630	by law, the use of plain and uniform systems of keeping books of
631	accounts by all town departments, officers, or employees who are
632	charged with the receipt or disbursements of any of the funds of
633	the town or who may be authorized to purchase materials and
634	supplies or to employ labor for the town.
635	(2)  FISCAL YEAR.--The fiscal year of the town shall begin
636	with the first day of October in each year and end on the last
637	day of September of the following year, as set forth in section
638	166.241, Florida Statutes.
639	(3)  ANNUAL AUDIT.--The town council shall retain a
640	certified public accountant to be the independent auditor of
641	accounts of the town. It shall be the duty of the auditor to
642	audit the accounts of the town and all its officers whose duty
643	involves the collection, custody, and payment of moneys to or by
644	the town. The auditor shall, on or before April 15 of each year,
645	make and deliver a detailed report of any and all accounts,
646	records, and books from the previous fiscal year examined and
647	audited by him or her, which report under his or her hand and
648	seal shall be made available for public inspection.
649	(4)  PUBLIC FINANCIAL RECORDS.--The town administrator
650	shall regularly make available as public records at a suitable
651	location all major revenues and expenditures of the town for a
652	given fiscal year. This information shall be made available, at
653	a minimum, quarterly.
654	(5)  PUBLIC DEPOSITS.--All public deposits shall be made in
655	qualified public depositories and shall be secured as provided
656	by state law.
657	(6)  PURCHASE, SALE, AND LEASE OF REAL PROPERTY.--All
658	purchases or sales of real property by the town or leases of
659	town-owned property are subject to public notice and hearing
660	before action is taken by the town council. Such action shall
661	require a supermajority vote of the town council. The public
662	notice shall be of the same extent and nature as that required
663	by general law for rezoning.
664	(7)  ANNUAL BUDGET.--
665	(a)  Submission of annual budget.--On or before July 15 of
666	each year, the town administrator shall submit a budget in
667	accordance with state law. It shall outline the financial
668	policies of the town for the ensuing fiscal year, describe the
669	important features of the budget, indicate any major changes
670	from the current year in fiscal policy, summarize the town's
671	fiscal position, and include any other material as the town
672	administrator deems necessary.
673	(b)  Town council action on the budget.--
674	1.  The town council shall adopt a budget for the ensuing
675	fiscal year by resolution on or before September 30 of each
676	year.
677	2.  The town council shall not authorize or allow to be
678	authorized a budget that exceeds the reasonably expected revenue
679	for the ensuing fiscal year.
680	(c)  Budget financial procedures.--
681	1.  If at any time during the fiscal year it appears
682	probable to the town administrator that the revenues available
683	will be insufficient to meet the amount appropriated in the
684	budget, the town administrator shall report to the town council
685	without delay. The town council shall then take action to
686	prevent or minimize any deficit and for that purpose may, by
687	resolution, reduce one or more appropriations.
688	2.  The town administrator shall have full authority to
689	transfer unencumbered funds between different programs within a
690	department, office, or agency. The town administrator shall not
691	have the authority to transfer funds between departments,
692	offices, or agencies.
693	3.  The town council may, by resolution, transfer or
694	otherwise allocate or reallocate part or all of any unencumbered
695	balance within a department, office, or agency to any other
696	department, office, or agency.
697	(d)  Budget as public record.--Copies of the budget as
698	adopted shall be public record and shall be made available to
699	the public at a suitable location in the town.
700	(8)  TAXATION AND REVENUE.--
701	(a)  Property taxable.--All property, real or personal, in
702	the town not expressly exempt by state law shall be subject to
703	taxation by the town within the limits set forth by the State
704	Constitution and general law.
705	(b)  Authority of town to levy taxes.--The town council
706	shall have the right to raise, by taxation on the taxable
707	property within the corporate limits of the town and on
708	licenses, such amounts as may be necessary to carry on the
709	government of the town, within the limits set forth by the State
710	Constitution and general law. The town council shall have the
711	right to levy such additional taxes, within the limits set forth
712	by the State Constitution and general law, as may be necessary
713	to pay the interest on, and to provide a sinking fund for the
714	ultimate redemption of, the outstanding bonds of the town as may
715	from time to time be issued in accordance with law and to pay
716	any lawful judgment that the town may be compelled to satisfy.
717	(c)  Borrowing money; selling bonds.--Unless authorized by
718	the electors of the town at a duly held referendum election, the
719	town council shall not authorize or allow to be authorized the
720	issuance of revenue bonds or enter into lease-purchase contracts
721	or any other unfunded multiyear contracts for the purchase of
722	real property or the construction of capital improvements the
723	repayment of which extends beyond the end of any fiscal year.
724	(9)  EMERGENCY APPROPRIATIONS.--To address a public
725	emergency affecting life, health, property, or the public peace,
726	the town council may make emergency appropriations. Such
727	appropriations may be made by emergency ordinance in accordance
728	with the provisions of section 2. To the extent that there are
729	no available unappropriated revenues or a sufficient fund
730	balance to meet such appropriations, the town council may by
731	such emergency ordinance authorize the issuance of emergency
732	notes, which may be renewed from time to time, but the emergency
733	notes and renewals of any fiscal year shall be paid or
734	refinanced as long-term debt not later than the last day of the
735	fiscal year next succeeding that in which the emergency
736	appropriation was made.
737	Section 6.  Town elections.--
738	(1)  CONDUCT OF ELECTIONS.--The provisions of the general
739	election laws of the state shall apply to all elections held
740	under this charter. The town council may, by ordinance, make all
741	regulations it considers needful or desirable, not inconsistent
742	with this charter, for the conduct of municipal elections and
743	for the prevention of fraud therein. Nothing in this charter
744	shall preclude the town council from authorizing the
745	administration of town elections by the county supervisor of
746	elections.
747	(a)  Regular elections.--The regular town elections shall
748	be held every 2 years beginning on November 7, 2006, coincident
749	with county, state, and national elections. Poll workers and
750	clerks of elections, if required, shall be appointed by the
751	Brevard County Supervisor of Elections.
752	(b)  Special elections.--Special elections, when required,
753	shall be scheduled by the town council at such times and in such
754	manner as shall be consistent with this charter and state law.
755	(c)  Single candidates.--No election for a town council
756	seat shall be required in any election if there is only one duly
757	qualified candidate for that seat.
758	(d)  Electors.--Any person who is a resident of the town,
759	is qualified as an elector of the state, and is registered to
760	vote in the manner prescribed by law shall be an elector of the
761	town.
762	(e)  Nonpartisan elections.--All elections for the offices
763	of council member and mayor shall be conducted on a nonpartisan
764	basis.
765	(2)  COMMENCEMENT OF TERMS.--The term of office of any
766	elected official shall commence 2 weeks after the election.
767	(3)  OATH OF OFFICE.--All elected officers, before entering
768	upon their duties, shall take and subscribe to the following
769	oath of office: "I do solemnly swear (or affirm) that I will
770	support, protect, and defend the Constitution and Government of
771	the United States and of the State of Florida and the charter of
772	the Town of Grant-Valkaria; that I am duly qualified to hold
773	office under the Constitution of the State and of the charter of
774	the Town of Grant-Valkaria; that I will well and faithfully
775	perform the duties of (mayor or council member) upon which I am
776	about to enter; and that I will work to preserve and promote the
777	history, environment, and rural character of the Town of Grant-
778	Valkaria."
779	(4)  METHOD OF ELECTING COUNCIL MEMBERS.--The ballot for
780	the general election shall contain the names of all qualified
781	candidates for council members and the number of seats up for
782	election. The ballot shall instruct electors to cast one vote
783	for each open council seat. The candidates who receive the
784	largest number of votes shall be the duly elected council
785	members and shall be designated as holding a specific council
786	seat number. Council seat numbers shall be assigned such that
787	the lowest seat number available is given to the candidate who
788	receives the largest number of votes.
789	(5)  METHOD OF ELECTING THE MAYOR.--If the mayor's term is
790	expiring, the ballot for the general election shall contain the
791	names of all qualified candidates for mayor and shall instruct
792	electors to cast one vote for mayor. The candidate for mayor
793	receiving the largest number of votes shall be the duly elected
794	mayor.
795	(6)  TIE VOTES.--In the event of a tie for the office of
796	council member or mayor, the winner shall be determined by lot.
797	(7)  CANDIDATE FORUMS.--The town shall sponsor and budget
798	for a minimum of three candidate forums. Each candidate for
799	mayor or council seat shall participate in a minimum of two
800	candidate forums.
801	(8)  QUALIFYING OF CANDIDATES FOR OFFICE OF COUNCIL MEMBER
802	OR MAYOR.--
803	(a)  Only electors of the town who have resided in the town
804	for the 2 years preceding the date of filing for candidacy shall
805	be eligible to hold the office of council member or mayor.
806	(b)  Candidates for council member or mayor shall qualify
807	for election by the filing of a written notice of candidacy with
808	the clerk of the town at such time and in such manner as may be
809	prescribed by ordinance, plus payment of any fees required by
810	general law as a qualifying fee. The candidate shall submit a
811	qualifying statement, as prescribed by ordinance, with the
812	signatures of at least 1 percent of the total number of electors
813	at the last general election, and pay any required filing fee.
814	(c)  The qualifying period shall not be less than 45 days
815	and not more than 60 days prior to the elections. If there is an
816	insufficient number of candidates at the conclusion of the
817	qualifying period, all candidates shall be seated according to
818	paragraph (1)(c) and subsection (6). The qualifying period shall
819	be extended 5 business days for the remaining open seat or
820	seats.
821	(d)  A person may not be a candidate for more than one
822	office in the same election.
823	(9)  INITIATIVE, CITIZEN REFERENDUM, AND RECALL.--
824	(a)  The electors of the town shall have power to propose
825	ordinances to the town council; however, such power shall not
826	extend to the budget or capital program or any ordinance
827	relating to appropriation of money, levy of taxes, or salaries
828	of town employees. If the town council fails to adopt the
829	proposed ordinance or a modification thereof, the electors shall
830	have the power to adopt or reject it at a town election.
831	(b)  The electors of the town shall have the power to
832	require reconsideration by the town council of any adopted
833	ordinance. If the town council fails to repeal an ordinance so
834	reconsidered, the electors may approve or reject it at a town
835	election. However, such power of reconsideration shall not
836	extend to the budget or capital program or any emergency
837	ordinance or ordinance relating to appropriation of money, levy
838	of taxes, or salaries of town employees.
839	(c)  The electors of the town shall have the power to
840	remove from office any elected official of the town in
841	accordance with general law.
842	(10)  INITIATIVE AND REFERENDUM PROCEEDINGS.--
843	(a)  Any five electors may commence initiative or
844	referendum proceedings by filing with the town clerk an
845	affidavit stating that they will constitute the petitioners'
846	committee, stating that they will be responsible for circulating
847	the petition and filing it in proper form, stating their names
848	and addresses, specifying the address to which all notices to
849	the petitioners' committee are to be sent, and setting out in
850	full the proposed initiative ordinance or the proposed amendment
851	or repeal action relating to an existing ordinance. The town
852	clerk shall promptly file the affidavit with the town
853	administrator so that it can be placed on the agenda for the
854	next town council meeting. If the proposed ordinance is in the
855	correct form and is compatible with the town charter and general
856	and special law, the town council shall promptly consider the
857	proposal on its merits and substance. If deficiencies of form or
858	legality exist, the proposal shall be returned to its sponsors
859	for correction and resubmission. If the town council delays,
860	rejects, changes, or refuses to consider a proposed ordinance or
861	amendment or repeal request for reasons that fail to satisfy its
862	sponsors, the proposed ordinance or amendment or repeal request
863	may be submitted to referendum by petition. Production of
864	petition forms and validation of signatures shall be the
865	responsibility of the petitioners' committee.
866	(b)  Referendum and initiative petitions must be signed by
867	electors of the town, as certified by the Brevard County
868	Supervisor of Elections, equal in number to at least 20 percent
869	of the total number of electors voting at the last regular
870	election.
871	(c)  All papers of a petition shall be uniform in size and
872	style and shall be assembled as one instrument for filing. Each
873	signature shall be executed in ink or indelible pencil and shall
874	be followed by the address of the person signing. Referendum and
875	initiative petitions shall contain or shall have attached to
876	them throughout their circulation the full text of the proposed
877	ordinance, amendment, or repeal request.
878	(d)  Each paper of a petition shall have attached to it,
879	when filed, an affidavit executed by its circulator stating that
880	the circulator personally circulated the paper, giving the
881	number of signatures on the paper, and stating that all the
882	signatures were affixed in the circulator's presence, that the
883	circulator believes them to be the genuine signatures of the
884	persons whose names they purport to be, and that each signer had
885	an opportunity before signing to read the full text of the
886	proposed ordinance, amendment, or repeal request.
887	(e)  Referendum petitions must be filed within 30 days
888	after adoption by the town council of the ordinance sought to be
889	reconsidered.
890	(f)  Within 20 days after the petition is filed, the town
891	clerk shall complete a certificate as to its sufficiency,
892	specifying, if it is insufficient, the particulars in which it
893	is defective, and shall within 2 working days send a copy of the
894	certificate to the petitioners' committee by registered mail.
895	Verification of electors shall be as certified by the Brevard
896	County Supervisor of Elections. A petition certified
897	insufficient for lack of the required number of valid signatures
898	may be amended once if the petitioners' committee files a notice
899	of intention to amend it with the town clerk within 5 days after
900	receiving the copy of the certificate and if the petitioners'
901	committee files a supplementary petition upon additional papers
902	within 10 days after receiving the copy of the certificate. Such
903	supplementary petition shall comply with the requirements of
904	paragraphs (c) and (d). Within 20 days after a supplementary
905	petition is filed, the town clerk shall complete a certificate
906	as to the sufficiency of the petition as amended and shall
907	promptly send a copy of such certificate to the petitioners'
908	committee by registered mail. If a petition or amended petition
909	is certified sufficient, or if a petition or amended petition is
910	certified insufficient and the petitioners' committee does not
911	elect to amend or to request town council review under paragraph
912	(g) within the time required, the town clerk shall promptly
913	present the certificate to the town council, and the certificate
914	shall then be a final determination as to the sufficiency of the
915	petition.
916	(g)  If a petition has been certified insufficient for
917	reasons other than the required number of elector signatures and
918	the petitioners' committee does not file notice of intention to
919	amend it, or if an amended petition has been certified
920	insufficient for reasons other than the required number of
921	elector signatures, the committee may, within 5 days after
922	receiving the copy of such certificate, file a request that the
923	petition be reviewed by the town council. The town council shall
924	review the petition and its accompanying certificate at its next
925	meeting following the filing of such request and shall approve
926	or disapprove it. The town council's determination shall then be
927	a final determination as to the sufficiency of the petition.
928	(h)  A final determination as to the sufficiency of a
929	petition shall be subject to court review. A final determination
930	of insufficiency, even if sustained upon court review, shall not
931	prejudice the filing of a new petition for the same purpose.
932	(i)  The cost of checking the names on a petition against
933	the list of electors shall be borne by the petitioners'
934	committee.
935	(j)  When a referendum petition is filed with the town
936	clerk, the ordinance sought to be reconsidered shall be
937	suspended from taking effect. Such suspension shall terminate
938	when:
939	1.  There is a final determination of insufficiency of the
940	petition;
941	2.  The petitioners' committee withdraws the petition;
942	3.  The town council repeals the ordinance; or
943	4.  Thirty days have elapsed after a vote of the electors
944	of the town on the ordinance.
945	(k)  When an initiative or referendum petition has been
946	finally determined sufficient, the town council shall promptly
947	consider adoption of the proposed initiative ordinance or
948	reconsider the referred ordinance by voting its repeal. If,
949	within 60 days after the petition is determined sufficient, the
950	town council fails to adopt a proposed initiative ordinance
951	without any change in substance or fails to repeal the referred
952	ordinance, it shall submit the proposed or referred ordinance to
953	the electors of the town.
954	(l)  The election on a proposed or referred ordinance shall
955	be held not fewer than 30 days and not later than 1 year from
956	the date that the petition was determined sufficient. If no
957	regular town election is to be held within such period, the town
958	council shall provide for a special election; otherwise, the
959	vote shall be held at the same time as such regular election,
960	except that the town council may in its discretion provide for a
961	special election at an earlier date within such period. Copies
962	of the proposed or referred ordinance shall be made available at
963	the polls.
964	(m)  An initiative or referendum petition may be withdrawn
965	at any time prior to the 15th day preceding the day scheduled
966	for a vote of the town by filing with the town clerk or other
967	official designated by the town council a request for withdrawal
968	signed by at least four members of the petitioners' committee.
969	Upon the filing of such request, the petition shall have no
970	further force or effect and all proceedings thereon shall be
971	terminated.
972	(11)  RESULTS OF INITIATIVE OR REFERENDUM.--
973	(a)  If a majority of the electors voting in a referendum
974	on a proposed initiative ordinance votes in favor of it, it
975	shall be considered adopted upon certification of the election
976	results and shall be treated in all respects in the same manner
977	as ordinances adopted by the town council.
978	(b)  If a majority of the electors voting in a referendum
979	on a request to repeal an existing ordinance votes in favor of
980	repeal, the ordinance shall be considered repealed upon
981	certification of the election results.
982	Section 7.  General provisions.--
983	(1)  CONDUCT OF OFFICIALS IN OFFICE.--
984	(a)  All town council members, town officials, and town
985	employees shall be subject to the code of ethics for public
986	officers and employees set forth in part III of chapter 112,
987	Florida Statutes, as required by law.
988	(b)  The use of public office for private gain is
989	prohibited. The town council shall implement this prohibition by
990	ordinance, the terms of which shall address, but not be limited
991	to:
992	1.  Acting in an official capacity on matters in which the
993	official has a private financial interest clearly separate from
994	that of the general public.
995	2.  The acceptance of gifts and other things of value.
996	3.  Acting in a private capacity on matters dealt with as a
997	public official.
998	4.  The use of confidential information.
999	5.  Appearances by public officials before other town
1000	departments, offices, or agencies on behalf of private
1001	interests.
1002
1003	This ordinance shall include a statement of purpose and shall
1004	provide for reasonable public disclosure of finances by
1005	officials with major decisionmaking authority over monetary
1006	expenditures and regulatory matters. Insofar as permissible
1007	under state law, this ordinance may provide for fines and
1008	imprisonment for violations.
1009	(2)  PROHIBITIONS.--Except where authorized by law, neither
1010	the mayor nor any council member shall hold any other elected
1011	public office during the term for which the mayor or council
1012	member is elected. No elected town official shall hold any
1013	appointive town office or town employment while in office. No
1014	former elected town official shall hold any compensated
1015	appointive town office or town employment until 12 months after
1016	the expiration of his or her term. This subsection shall not
1017	prevent participation in, or compensation for, activities
1018	connected with any volunteer organization of the town.
1019	(3)  APPOINTMENTS AND REMOVALS.--Neither the council
1020	members nor the mayor shall in any manner control or demand the
1021	appointment or removal of any town administrative officer or
1022	employee whom the town administrator or any subordinate of the
1023	town administrator is empowered to appoint, but the town council
1024	may express its views and fully and freely discuss with the town
1025	administrator anything pertaining to appointment and removal of
1026	such officers and employees.
1027	(4)  INTERFERENCE WITH ADMINISTRATION.--Except for the
1028	purpose of inquiries and investigations, the town council and
1029	its members shall deal with the town officers and employees who
1030	are subject to the direction of the town administrator solely
1031	through the town administrator, and neither the town council nor
1032	its members shall give orders to any such officer or employee
1033	either publicly or privately.
1034	(5)  CAMPAIGN FINANCE.--
1035	(a)  The town council shall adopt ordinances to protect the
1036	ability of citizens to be informed of financing used in
1037	campaigns for local office. The ordinances shall provide for
1038	convenient public disclosure. Insofar as is permissible under
1039	state law, such regulations may also provide for fines and
1040	imprisonment for violations.
1041	(b)  The town council may adopt ordinances that limit
1042	contributions, time limits on fundraising, and public financing.
1043	(6)  LONG-RANGE PLAN.--The town council shall meet to
1044	discuss long-range goals and objectives that, when achieved,
1045	will sustain town operations and continued quality of life for
1046	inhabitants of the town. Each year, goals and objectives shall
1047	be established for 5, 10, and 20 years into the future. Once
1048	established, the goals and objectives shall be presented as a
1049	long-range plan at a meeting of the town council and documented
1050	in presentations and minutes of the meeting. Inputs shall be
1051	solicited from town residents during the preparation of the
1052	long-range plan.
1053	(7)  FIVE-YEAR FINANCIAL PLAN.--In accordance with the 5-
1054	5-year goals and objectives established in the long-range plan
1055	by the town council, the town council shall prepare a 5-year
1056	financial plan (FYFP). The FYFP shall be presented in
1057	conjunction with the annual budget and shall contain projected
1058	financial requirements necessary to support proposed plans and
1059	programs.
1060	(8)  EMERGENCY OPERATIONS.--The town council shall
1061	establish an emergency preparedness plan for the town. This plan
1062	shall be reviewed annually.
1063	(9)  DISSOLUTION.--The charter of this town may not be
1064	revoked except in accordance with the dissolution procedures of
1065	chapter 165, Florida Statutes.
1066	Section 8.  Charter amendment.--
1067	(1)  PROCEDURE TO AMEND THE CHARTER.--
1068	(a)  The town council may, by ordinance, propose amendments
1069	to this charter. Upon approval of the initiating ordinance by
1070	majority of the town council, the proposed amendment shall be
1071	placed on the ballot at the next regularly scheduled election,
1072	unless the amendment calls for placement on the ballot at a
1073	special election.
1074	(b)  The electors of the town may propose amendments to
1075	this charter by petition signed by 20 percent of the registered
1076	electors as of the last general election. Once the petition is
1077	verified, the proposed amendment shall be placed on the ballot
1078	at the next regularly scheduled ballot, unless the amendment
1079	calls for placement on the ballot at a special ballot. The
1080	proposed charter amendment will be published twice in the local
1081	paper not fewer than 30 days or more than 60 days before the
1082	scheduled election.
1083	(2)  CHARTER REVIEW.--The charter shall be reviewed no
1084	later than 3 years from the date the town was established. After
1085	the initial review, the charter shall be reviewed no more than
1086	once every 10 years. Each town council member shall appoint one
1087	person to a seven-member charter review committee. The charter
1088	review committee shall be appointed at least 6 months before the
1089	next scheduled election and complete its work and present any
1090	recommendations for change no later than 90 days before the
1091	election. The town council shall hold a minimum of two public
1092	hearings on the proposed changes prior to placement on the
1093	regularly scheduled ballot.
1094	(3)  RESULTS OF ELECTION.--If a majority of the electors
1095	voting on the proposed amendment passes the item, it shall be
1096	considered adopted upon certification of the election results.
1097	The town council shall have the amendment incorporated into the
1098	charter and shall file the revised charter with the Department
1099	of State.
1100	Section 9.  Land use, zoning, and development.--
1101	(1)  RURAL CHARACTER OF TOWN.--This section secures the
1102	foundation on which this town was formed and maintains the
1103	existing rural character of the town. "Rural" includes several
1104	key elements that constitute the makeup of the town. These
1105	elements include:
1106	(a)  Low development intensity and an abundance of
1107	agricultural lands.
1108	(b)  Inherent "green canopy" and natural preserve that
1109	currently covers the majority of the town.
1110	(c)  Inherent natural resources including aquifers,
1111	watersheds, wetlands, and the waterways of the Indian River
1112	Lagoon.
1113	(d)  Predominant and viable wildlife areas and protected
1114	species habitat.
1115	(e)  Small, family-owned and family-operated businesses.
1116	(f)  Commercial development as deemed appropriate to the
1117	character and emerging needs of the town.
1118	(2)  LAND USE, ZONING, AND DEVELOPMENT REQUIREMENTS.--In
1119	order to preserve and promote the existing rural elements listed
1120	in subsection (1), this section outlines land use, zoning, and
1121	development requirements and the requirements for approval of
1122	development intensity increases for any parcel within the
1123	boundaries of the town. The provisions of this section shall
1124	make it incumbent upon all future development to protect the
1125	rural elements of the town and:
1126	(a)  Continue the use of private wells as sources of
1127	potable water and the use of private septic recycling.
1128	(b)  Promote and preserve public lands and parks for
1129	community enjoyment.
1130	(c)  Protect and promote the wildlife and the wildlife
1131	habitat that coexist within the town.
1132	(d)  Preserve the natural view and existing scenic highway
1133	designation of U.S. Highway 1 through careful management of
1134	development along and within these natural assets.
1135
1136	By proactively managing future growth as a rural community and
1137	limiting impacts through thoughtful community-based planned
1138	development, the naturally existing rural character of the town
1139	will be sustained. To this end, the land development regulations
1140	and ordinances of the town shall uphold and enforce the goals
1141	and overall spirit of this section. All zoning in effect at the
1142	time of incorporation shall remain unchanged after incorporation
1143	(i.e. "grandfathered in"). All present county zoning
1144	classifications and land use designation terminology shall
1145	continue in effect until the town is established and the town's
1146	long-range comprehensive plan and future land use map are
1147	completed and adopted. A new long-range comprehensive plan and
1148	future land use map shall be completed and adopted within 1 year
1149	after incorporation.
1150	(3)  PROPOSED CHANGE; PRIOR NOTICE; VOTE REQUIRED.--Prior
1151	to voting on a proposed increase in development intensity,
1152	including, but not limited to, density levels, building heights,
1153	and traffic impacts, the town council shall notify all property
1154	owners inside the town whose property is within 1,500 feet of
1155	the proposed change. Notification shall occur no fewer than 30
1156	days prior to consideration by the town council. An affirmative
1157	vote of six or more members of the town council shall be
1158	required to enact any such proposed change.
1159	Section 10.  Transition.--
1160	(1)  CREATION AND ESTABLISHMENT OF THE TOWN.--
1161	(a)  For the purpose of compliance with general law
1162	relating to the assessment and collection of ad valorem taxes,
1163	the town is hereby created and established effective when
1164	approved by the electors at the August 1, 2006, special election
1165	and filed with the Secretary of State in the manner prescribed
1166	by law.
1167	(b)  The town name used in this charter is "Town of Grant-
1168	Valkaria." As a first act of home rule and to ensure community
1169	participation, residents will have the opportunity to select
1170	their town name. The elected town council shall set the
1171	procedures for the residents' selection of the town name within
1172	6 months after the first town council meeting.
1173	(2)  TEMPORAL NATURE OF TRANSITION SECTIONS OF
1174	CHARTER.--This section is inserted solely for the purpose of
1175	effecting the incorporation of the town and the transition from
1176	an unincorporated area of Brevard County to a new incorporated
1177	municipality. Each of the following subsections of this section
1178	shall automatically, and without further vote or act of the
1179	electors of the town, become ineffective and no longer a part of
1180	this charter at such time as the implementation of such
1181	subsection has been accomplished.
1182	(3)  FIRST TRANSITION PERIOD; CHARTER ACCEPTANCE TO FIRST
1183	ELECTION.--
1184	(a)  Since upon approval of the charter a governmental unit
1185	equivalent to the town does not exist to provide people with
1186	positions accredited to effect a transition, an interim council
1187	committed to the charter and the transition to town government
1188	shall be identified and authorized.
1189	(b)  Based on prior commitment to and involvement in the
1190	incorporation process, the Grant-Valkaria Preservation
1191	Committee-Steering Committee (GVPC-SC) is recognized as the
1192	appropriate body to select an interim council. The interim
1193	council shall transition from charter development and community
1194	organization by providing an interim town government during the
1195	time period between the approval of the charter and the
1196	dissolution of the interim council. Upon the certification of
1197	acceptance of the charter by the electors of the town, as
1198	reported by the Brevard County Supervisor of Elections, the
1199	GVPC-SC shall convene forthwith and identify five electors to
1200	act as interim town council members.
1201	(c)  Dissolution of the interim council shall occur at the
1202	beginning of the term of the first elected town council.
1203	(d)  The positions of interim council members shall be
1204	voluntary positions. Interim council members shall receive no
1205	compensation.
1206	(e)  Powers of the interim council shall be in accordance
1207	with this charter and shall include:
1208	1.  Preparing and adopting temporary regulations that are
1209	applicable only to the first town council election and designed
1210	to ensure its proper conduct, to prevent fraud, and to provide
1211	for recount of ballots in cases of doubt or fraud.
1212	2.  Providing a method for certification of candidates for
1213	the first town council election.
1214	3.  Scheduling the three community candidate forums as
1215	described in section 6 in preparation for the first town council
1216	election.
1217	4.  Coordinating with the Brevard County Supervisor of
1218	Elections with regard to the first town council election and to
1219	effect the timely receipt by the interim council of the official
1220	certification results for the town council election.
1221	5.  Scheduling the first town council meeting.
1222	6.  Enacting emergency ordinances as may be warranted to
1223	protect public safety.
1224	7.  Identifying and managing funds.
1225	8.  Filing applicable forms and requests for revenue
1226	sharing and other funding sources.
1227	9.  Disbursing funds for the purpose of conducting town
1228	business to include the funding of the first election of the
1229	town council. The moneys available for this purpose shall be
1230	those identified within the Proposed Town of Grant-Valkaria
1231	Municipal Incorporation Feasibility Study and shall accrue from
1232	the municipal ad valorem millage rate of 4.369 mills as applied
1233	to the total taxable value of the properties contained within
1234	the proposed boundaries of the Town of Grant-Valkaria as they
1235	accrue to the town general fund and from those funds accruing
1236	from all applicable state and county revenue-sharing programs as
1237	calculated effective from the first day of the month following
1238	the charter referendum, being the first day of legal status of
1239	the Town of Grant-Valkaria as a newly incorporated municipality
1240	within the state.
1241	(f)  Until otherwise modified or replaced by this charter
1242	or the council, all codes, ordinances, and resolutions of
1243	Brevard County in effect on the day of adoption of this charter
1244	shall, to the extent applicable to the town, remain in force and
1245	effect as municipal codes, ordinances, and resolutions of the
1246	town. Until otherwise determined by the council, said codes,
1247	ordinances, and resolutions shall be applied, interpreted, and
1248	implemented by the town in a manner consistent with established
1249	policies of Brevard County on the date of the adoption of this
1250	charter.
1251	(4)  FIRST ELECTION; TERMS OF COUNCIL MEMBERS AND MAYOR.--
1252	(a)  The first election for council members and mayor shall
1253	be held on November 7, 2006. For the first election, only
1254	electors who have resided within the proposed town boundaries,
1255	as described in section 1(5), for the 2 years preceding the date
1256	of the first election shall be eligible to hold the office of
1257	council member or mayor.
1258	(b)  At the first election under this charter, all six
1259	council members and the mayor shall be elected. The three
1260	council candidates receiving the greatest number of votes shall
1261	be duly elected council members and shall be designated as
1262	holding seats 1, 3, and 5, respectively. The three council
1263	candidates receiving the next greatest number of votes shall be
1264	duly elected council members and shall be designated as holding
1265	seats 2, 4, and 6, respectively. The candidate for mayor
1266	receiving the greatest number of votes shall be the duly elected
1267	mayor. Notwithstanding the date of the first election, the terms
1268	of the mayor and council members holding seats 1, 3, and 5 shall
1269	end 2 weeks after the general election in 2010, and the terms of
1270	council members holding seats 2, 4, and 6 shall end 2 weeks
1271	after the general election in 2008. Division of council seats
1272	into 4-year and 2-year terms is required in order to allow
1273	staggered terms of office.
1274	(5)  INITIAL EXPENSES.--The initial expenses of the town
1275	council, including the expense of recruiting a town
1276	administrator, shall be paid by the town on vouchers signed by
1277	the mayor. The town council, in order to provide moneys for the
1278	expenses and support of the town, shall have the power to borrow
1279	money, if necessary, for the operation of town government until
1280	such time as a budget is adopted and revenues accrue in
1281	accordance with the provisions of this charter. Notwithstanding
1282	the provisions of paragraph (3)(e), the amount borrowed shall be
1283	in accordance with and shall not exceed the projected revenues
1284	of the incorporation feasibility study for the town for fiscal
1285	year 2006-2007.
1286	(6)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The town
1287	council shall adopt ordinances and resolutions required to
1288	effect the transition. Ordinances adopted within 60 days after
1289	the first regular council meeting may be passed as emergency
1290	ordinances.
1291	(7)  REVENUE SOURCE TRANSITION.--Until otherwise modified
1292	by the council, all municipal taxes and fees, including
1293	communications services taxes, imposed within the town
1294	boundaries by the county as the municipal government for
1295	unincorporated Brevard County, which taxes and fees are in
1296	effect on the date of adoption of this charter, shall continue
1297	at the same rate and under the same conditions as if those taxes
1298	and fees had been adopted and assessed by the town.
1299	(8)  TRANSITION CONTINUITY OF SERVICES.--To ensure that
1300	there is no discontinuity in the provision, level, or quality of
1301	municipal service delivery to the proposed town, and until such
1302	time as the town may enter into interlocal agreements with
1303	Brevard County regarding the provision of municipal services,
1304	all municipal services currently provided by Brevard County
1305	shall continue to be provided by Brevard County at the service
1306	levels existing at the time of municipal incorporation. All
1307	federal, state, grant, and other funding sources existing prior
1308	to the time the town is incorporated shall continue to be
1309	applied in the manner and at the level anticipated and projected
1310	by the Brevard County budget prior to the incorporation of the
1311	town. The future cost and level of municipal service delivery
1312	provided to the town by Brevard County beyond fiscal year 2006-
1313	2007 shall be negotiated and determined through an interlocal
1314	agreement between the town and appropriate representatives of
1315	Brevard County.
1316	(9)  STATE-SHARED REVENUES.--The town shall be entitled to
1317	participate in all shared revenue programs of the state,
1318	effective immediately on December 1, 2006. The provisions of
1319	section 218.23, Florida Statutes, shall be waived for the
1320	purpose of eligibility to receive revenue-sharing funds from
1321	December 1, 2006, through the end of state fiscal year 2008-
1322	2009. The provisions of section 218.26(3), Florida Statutes,
1323	shall be waived through state fiscal year 2008-2009, and the
1324	apportionment factors for the municipalities and counties shall
1325	be recalculated pursuant to section 218.245, Florida Statutes.
1326	The initial population estimates for calculating eligibility for
1327	shared revenues shall be determined by the University of Florida
1328	Bureau of Economic and Business Research as of the effective
1329	date of this charter. Should the bureau be unable to provide an
1330	appropriate population estimate, the initial population for
1331	calculating eligibility for shared revenues shall be established
1332	at the level of 3,907 as projected in the incorporation
1333	feasibility study.
1334	(10)  GAS TAX REVENUES.--Notwithstanding the requirements
1335	of section 336.025, Florida Statutes, to the contrary, the town
1336	shall be entitled to receive local option gas tax revenues
1337	beginning the first day of the month following the charter
1338	referendum. These revenues shall be distributed to the town as a
1339	fully eligible incorporated municipality of Brevard County in
1340	accordance with the distribution formula initially established
1341	and adopted on October 18, 1988, as part of the "Brevard County
1342	Local Option Gasoline Tax Revenue Distribution, Interlocal
1343	Agreement" and as amended by the Board of County Commissioners
1344	of Brevard County through Ordinance No. 99-40 as ratified on
1345	October 12, 1999, extending the Local Option Gas Tax Interlocal
1346	Agreement through August 31, 2021.
1347	(11)  SHARED REVENUES.--Beginning December 1, 2006, through
1348	December 31, 2007, Brevard County shall distribute to the town,
1349	from taxes, franchise fees, and ad valorem taxes, which include
1350	communication services taxes, revenues collected within the
1351	municipal boundaries of the town. This calculation shall be
1352	based upon a population projection of 3,907 residents for the
1353	town as estimated for the feasibility study in anticipation of
1354	the year 2008 census.
1355	Section 11.  Severability.--If any section or part of a
1356	section of this charter shall be held invalid by a court of
1357	competent jurisdiction, such holding shall not affect the
1358	remainder of this charter nor the context in which such section
1359	or partial section so held invalid may appear, except to the
1360	extent that an entire section or a partial section may be
1361	inseparably connected in meaning and effect with the section or
1362	partial section to which such holding shall directly apply.
1363	Section 12.  This act shall only take effect upon approval
1364	by a majority vote of those qualified electors of the area
1365	described in subsection (5) of section 1 voting in a referendum
1366	to be called by the Brevard County Supervisor of Elections on or
1367	before August 1, 2006, except that this section shall take
1368	effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.