HB 759

1	A bill to be entitled
2	An act relating to Hillsborough County; creating the City
3	of Ruskin; providing a charter; providing for the
4	corporate name and purpose of the charter; establishing
5	form of government and territorial boundaries of the city;
6	providing powers of the city and construction; providing
7	for election and terms of office of a city council,
8	including the mayor and vice mayor, and providing for
9	qualifications, powers, and duties of and restrictions on
10	its membership; establishing circumstances which create
11	vacancies in office and providing for filling vacancies
12	and for forfeiture and recall; providing a procedure for
13	establishing compensation and expense reimbursement for
14	the mayor and city council; providing for an
15	administrative code; providing for a city manager, city
16	clerk, and city attorney and powers and duties of each;
17	providing for city boards and committees and powers and
18	duties; establishing election requirements and guidelines;
19	providing for charter amendments and a charter review
20	committee; providing for standards of conduct, bonding of
21	certain employees, and assumption of debt in certain
22	circumstances; providing transitional provisions,
23	including initial election and terms, interim adoption of
24	codes and ordinances, taxes and fees, first-year expenses,
25	ordinances and resolutions, services and compensation,
26	shared revenues, and powers and duties of the city manager
27	and city clerk; providing for severability; providing for
28	a referendum; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Short title; creation and establishment of
33	city.--
34	(1)  This act may be known as the "Charter of the City of
35	Ruskin," hereinafter referred to as the "charter."
36	(2)  Effective April 1, 2007, the City of Ruskin is created
37	and established.
38	Section 2.  Corporate existence; form of government;
39	boundary and powers.--
40	(1)  CORPORATE EXISTENCE.--In order to preserve, protect,
41	and enhance the quality of life and residential character of
42	Ruskin, a municipal corporation known as the City of Ruskin (the
43	"city") is hereby created pursuant to the State Constitution and
44	laws of the state.
45	(2)  FORM OF GOVERNMENT.--The city shall operate as a
46	council-manager form of government. The general duties of the
47	council shall be to set policy as the legislative branch, and
48	the general duties of the manager shall be to carry out these
49	policies as the executive branch. No person belonging to one
50	branch shall exercise any powers appertaining to another unless
51	expressly provided for in this charter.
52	(3)  CORPORATE BOUNDARY.--The corporate boundary shall be
53	as follows:
54
55	BEGIN at the intersection of the north right-of-way
56	line of 14th Avenue Southeast and the east right-of-
57	way line of 36th Street Southeast; thence South along
58	the east right-of-way line of 36th Street Southeast to
59	the northerly mean high water line of the Little
60	Manatee River; thence Westerly along the northerly
61	mean high water line of the Little Manatee River to
62	the west boundary of the east one half of the west one
63	half of Section 19, Township 32 South, Range 19 East;
64	thence North along west boundary of the east one half
65	of the west one half of Section 19, Township 32 South,
66	Range 19 East to the north boundary of the east one
67	half of the west one half of Section 19, Township 32
68	South, Range 19 East; thence east along the north
69	boundary of the east one half of the west one half of
70	Section 19, Township 32 South, Range 19 East to the
71	mean high water line of Mill Bayou; thence Easterly
72	along the mean high water line of Mill Bayou to its
73	intersection with the easterly mean high water line of
74	the Little Manatee River; thence Northerly along the
75	easterly mean high water line of the Little Manatee
76	River to its intersection with the mean high water
77	line of Tampa Bay; thence Northeasterly along the mean
78	high water line of Tampa Bay to the north boundary of
79	the south half of the south half of Section 2,
80	Township 32 South, Range 18 East; thence Northwesterly
81	to the intersection of the east mean high water line
82	and the south mean high water line of Bahia Beach;
83	thence Northwesterly, Northerly and Easterly along the
84	mean high water line of Bahia Beach to the
85	intersection of the north mean high water line and the
86	east mean high water line of Bahia Beach; thence
87	Northeasterly to the intersection of the mean high
88	water line of Tampa Bay and the north boundary of
89	Section 2, Township 32 South, Range 18 East; thence
90	East along the north boundary of Section 2, Township
91	32 South, Range 18 East to the westerly boundary of
92	land described in Official Record Book 3896, Page
93	1730; thence Northwesterly along the westerly boundary
94	of land described in Official Record Book 3896, Page
95	1730 and the westerly boundary of land described in
96	Official Record Book 624, page 548 to the northwest
97	corner of land described in Official Record Book 624,
98	page 548; thence Northeasterly, Southeasterly and
99	Southwesterly along the boundary of land described in
100	Official Record Book 624, page 548 to the northeast
101	corner of land described in Official Record Book 624,
102	Page 548; thence Southeasterly along the easterly
103	boundary of land described in Official Record Book
104	624, page 548 and the easterly boundary of land
105	described in Official Record Book 3896, Page 1730 to
106	the north right-of-way line of 19th Avenue Northwest;
107	thence East along the north right-of-way line of 19th
108	Avenue Northwest to the west right-of-way line of
109	Villamaire Road; thence North along the west right-of-
110	way line of Villamaire Road to its intersection with
111	the north right-of-way line of the east-west portion
112	of Villamaire Road; thence East along the north right-
113	of-way line of the east-west portion of Villamaire
114	Road to the east boundary of the west half of the west
115	half of Section 32, Township 31 South, Range 19 East;
116	thence South along the east boundary of the west half
117	of the west half of Section 32, Township 31 South,
118	Range 19 East to the north boundary of the south half
119	of the south half of Section 32, Township 31 South,
120	Range 19 East; thence East along the north boundary of
121	the south half of the south half of Section 32,
122	Township 31 South, Range 19 East to the northerly
123	boundary of land described in Official Record Book
124	10543, Page 1214; thence Easterly along the north
125	boundary of land described in Official Record Book
126	10543, Page 1214 to the northwest corner of land
127	described in Official Record Book 5597, Page 326;
128	thence Southeasterly along the northerly boundary of
129	land described in Official Record Book 5597, Page 326
130	and its prolongation to the east right-of-way line of
131	12th Street Northeast; thence South along the east
132	right-of-way line of 12th Street Northeast to the
133	north right-of-way line of 19th Avenue Northeast;
134	thence East along the north right-of-way line of 19th
135	Avenue Northeast and its prolongation east to the east
136	limited access right-of-way line of Interstate Highway
137	75 (State Road 93A); thence South along the east
138	limited access right-of-way line of Interstate Highway
139	75 (State Road 93A) to the north right-of-way line of
140	14th Avenue Southeast; thence East along the north
141	right-of-way line of 14th Avenue Southeast to the
142	POINT OF BEGINNING.
143
144	(4)  POWERS.--The city is a body corporate and politic and
145	has all the powers of a municipality under the State
146	Constitution and the laws of the state, as fully and completely
147	as though such powers were specifically enumerated in this
148	charter, unless otherwise prohibited by or contrary to the
149	provisions of this charter.
150	(5)  CONSTRUCTION.--This charter and the powers of the city
151	shall be construed liberally in favor of the city.
152	Section 3.  Council; mayor; vice mayor.--The legislative
153	responsibilities and powers of local self-government of the city
154	not inconsistent with this charter are assigned to and vested in
155	the city council.
156	(1)  CITY COUNCIL.--
157	(a)  There shall be a city council (the "council") vested
158	with all legislative powers of the city, consisting of four
159	members ("council members") and the mayor. Council members shall
160	occupy seats numbered 1 through 4. References in this charter to
161	council members shall include the mayor, unless the context
162	dictates otherwise. Unless otherwise stated within this charter,
163	all charter powers and the powers granted by general law to
164	municipalities shall be exercised by the council.
165	(b)  The city council shall adopt by resolution the
166	policies and procedures by which the city council is guided in
167	its internal management.
168	(c)  No elected city officer shall hold any appointive city
169	office or city employment while in office. No former elected
170	city officer shall hold any compensated appointive city office
171	or city employment until 1 year after the expiration of his or
172	her term.
173	(2)  MAYOR.--The mayor shall preside at meetings of the
174	council and is a voting member of the council. The mayor is
175	recognized as the head of city government for all ceremonial
176	purposes, for purposes of military law, and for service of
177	process and execution of duly authorized contracts, deeds, and
178	other documents and as the city official designated to represent
179	the city when dealing with other governmental entities. If a
180	vacancy occurs in the mayor's office or if the mayor is
181	otherwise suspended from office, the vice mayor shall become
182	acting mayor. If the vacancy is permanent or if the suspension
183	is sustained, and if the remaining term of the mayor is greater
184	than 1 year at that time, a special election shall be called to
185	fill the remaining term.
186	(3)  VICE MAYOR.--The vice mayor shall act as mayor in the
187	absence of the mayor, as provided in subsection (2). The vice
188	mayor shall be elected from among council members for a period
189	of 2 years by a majority of the council at the first meeting of
190	the council after each election.
191	(4)  MAYOR PRO TEMPORE.--In the absence of the mayor and
192	vice mayor, the remaining council members shall select a council
193	member to serve as mayor pro tempore. The mayor pro tempore has
194	the same powers and duties as the mayor for the period of the
195	absence.
196	(5)  ELECTION AND TERMS OF OFFICE.--Each council member and
197	the mayor shall be elected at large for 4-year terms by the
198	electors of the city except as otherwise provided in this act.
199	Each council member and the mayor shall remain in office until
200	his or her successor is elected and assumes the duties of the
201	position. No council member or mayor shall serve for more than
202	two consecutive 4-year terms, except that the persons elected to
203	seats 1 and 2 and the mayor elected during the initial special
204	election held in March 2007 may serve two consecutive 4-year
205	terms plus the limited term from the March 2007 special election
206	until the September 2008 election if subsequently reelected, and
207	the persons elected to seats 3 and 4 during the initial special
208	election held in March 2007 may serve a 2-year term and a
209	consecutive 4-year term plus the limited term from the March
210	2007 special election until the September 2008 election if
211	subsequently reelected. If a person is initially elected to seat
212	3 or seat 4 in September 2008, that person may serve a total of
213	10 years if subsequently reelected. If a person fills a vacancy
214	on the council, that person may serve two consecutive 4-year
215	terms plus the limited term of the vacancy filled if
216	subsequently reelected. If a vacancy occurs for mayor, the vice
217	mayor shall become mayor as provided by this act and that person
218	may serve two consecutive 4-year terms plus the limited term of
219	the vacancy filled if subsequently reelected; any service as
220	acting mayor prior to the permanent filling of a vacancy is
221	excluded from the calculation of term limitations. After 1 year
222	out of office, a former mayor or council member may qualify and
223	run for mayor or any council seat.
224	(6)  QUALIFICATIONS.--Each candidate for office shall be a
225	qualified elector of the city and shall qualify in the same
226	manner as provided by general law for nonpartisan elections
227	except as further provided for initial elections. A person may
228	not be a candidate for more than one office in the same
229	election. Only electors of the city who have resided
230	continuously in the city for at least 1 year preceding the date
231	of such filing shall be eligible to hold the office of council
232	member.
233	(7)  VACANCIES; FORFEITURE OF OFFICE; FILLING OF
234	VACANCIES.--Vacancies, forfeiture of office, and the filling of
235	vacancies shall be provided for by ordinance unless otherwise
236	provided in this charter. In the event that all the members of
237	the council are removed by death, disability, recall, forfeiture
238	of office, resignation, or any combination thereof, the Governor
239	shall appoint interim council members who shall call a special
240	election within not fewer than 30 calendar days or more than 60
241	calendar days after such appointment. Such election shall be
242	held in the same manner as the initial elections under this
243	charter. However, if there are fewer than 180 calendar days
244	remaining in the unexpired terms, the interim council appointed
245	by the Governor shall serve the remainder of the unexpired
246	terms. Appointees must meet all requirements for candidates
247	provided for in this section.
248	(8)  COMPENSATION; REIMBURSEMENT FOR
249	EXPENSES.--Compensation of the mayor and council members shall
250	be established by ordinance; however, any such ordinance
251	increasing compensation shall not take effect until the date of
252	commencement of the terms of the council members elected at the
253	next regular election following the adoption of the ordinance.
254	The mayor and council members may be reimbursed for travel and
255	per diem in accordance with general law or as may be otherwise
256	provided by ordinance.
257	(9)  CITY BOARDS AND COMMITTEES.--Except as otherwise
258	provided by law, the council may establish or terminate boards
259	that have oversight or control of certain matters or discharge
260	certain functions of a magisterial, representative, or fiduciary
261	character and advisory committees to which the consideration,
262	determination, or management of any municipal matter is
263	committed or referred and for which a written response or
264	recommendation shall be made. The members of any such board or
265	committee shall be appointed by the council, and the parameters
266	of its purpose shall be declared by resolution.
267	Section 4.  City manager; city clerk; city attorney;
268	administrative code.--The executive responsibilities and powers
269	of local self-government of the city not inconsistent with this
270	charter are assigned to and vested in the city manager. All
271	functions of the executive branch are allotted to not more than
272	ten departments, and each department shall be administered by a
273	director, who shall be appointed. One or more assistant city
274	administrators and department directors and a city clerk may be
275	appointed by the city manager with the advice and consent of the
276	council and shall serve at the pleasure of the city manager in
277	accordance with the administrative code.
278	(1)  CITY MANAGER.--There shall be a city manager (the
279	"manager"), who shall be the chief administrative officer of the
280	city.
281	(a)  Appointment; removal; compensation.--The council shall
282	appoint an individual as manager based on accepted competencies
283	and practices of local public management for an indefinite term
284	by an affirmative vote of a super majority of council members.
285	The council may remove the manager at any time by an affirmative
286	vote of a super majority of council members. For voting
287	purposes, the mayor shall be considered as a council member. The
288	manager may be retained full time, part time, or as an
289	independent contractor, and the compensation and benefits of the
290	manager shall be fixed by the council. At the time of
291	appointment, any full-time city manager need not be a resident
292	of the city or state but shall, within 180 calendar days after
293	appointment, become a resident of the city unless otherwise
294	provided by the administrative code. Any consideration of the
295	removal of the manager must be an agenda item for which public
296	notice must be given.
297	(b)  Powers and duties.--The city manager is the
298	administrative director of the city, shall execute the laws and
299	administer the government of the city, and is the chief
300	executive officer and head of the administrative branch of the
301	city government. The manager is responsible to the city and has
302	the rights, powers, and duties as provided by the administrative
303	code and as otherwise provided by this act.
304	(c)  Vacancy.--Vacancies shall be provided for and filled
305	in accordance with the administrative code.
306	(2)  CITY CLERK.--The council may establish the office of
307	city clerk to be appointed by the manager with the confirmation
308	of the council. The clerk shall be responsible to the council
309	for the proper administration of all legislative affairs of the
310	city, has the powers and duties prescribed by administrative
311	code, and may be required to post bond as provided by
312	administrative code. If the office of city clerk is not created,
313	the manager shall perform the duties required in this
314	subsection.
315	(3)  CITY ATTORNEY.--The legal affairs of the city are
316	assigned to and vested in the office of the city attorney. The
317	city attorney shall be the director of the office, together with
318	such chief assistants and other assistant city attorneys and
319	legal support personnel as may be required, subject only to
320	budget determinations by the council. All attorneys and
321	employees of the office shall serve at the pleasure of the city
322	attorney. The city may contract for a city attorney on a part-
323	time basis in lieu of establishing the office provided in this
324	subsection.
325	(a)  Appointment.--The manager shall appoint or contract
326	for, with the advice and consent of the council, a qualified
327	individual who is a member in good standing of The Florida Bar
328	to serve as the city attorney for an indefinite term as provided
329	by this act. The city attorney shall be a resident of the state
330	but is not required to live in the city.
331	(b)  Powers and duties.--The city attorney shall be
332	responsible for representing, and is authorized to represent,
333	the council as its attorney. The city attorney shall provide
334	legal services, including management and participation in all
335	litigation and other such legal services required to protect the
336	interest of the city, and shall render legal advice and perform
337	other legal and administrative responsibilities as described in
338	the administrative code to the council and to all other
339	departments, boards, and committees of city government that the
340	board from time to time authorizes and directs. All attorneys
341	and employees of the office of city attorney, if created, shall
342	serve at the pleasure of the city attorney.
343	(c)  Special attorneys.--Special attorneys may be
344	contracted with by the council upon the recommendation of the
345	city attorney regarding the need for any special counsel to
346	provide legal representation in specified matters. Bond and
347	disclosure counsel shall be selected by the council from a list
348	of not fewer than 3 qualified respondents to publicly noticed
349	solicitations for bond and disclosure counsel and upon the
350	recommendation of the county manager and the city attorney.
351	(d)  Professional responsibility; conflict of
352	interest.--Nothing herein contained or within the administrative
353	code shall be construed as requiring the city attorney to render
354	legal services in any particular circumstance where, in the
355	professional discretion and judgment of the attorney, the
356	rendering of such legal services would violate the provisions of
357	the code of professional responsibility of The Florida Bar or
358	create a direct conflict of interest between the city and the
359	attorney.
360	(e)  Compensation; termination.--The compensation of the
361	city attorney shall be fixed by the city council at a level
362	commensurate with the requirements of the position, and
363	termination shall be as provided in the administrative code.
364	(4)  ADMINISTRATIVE CODE.--
365	(a)  Enactment; amendments; publishing.--The council shall
366	enact and amend by ordinance an administrative code organizing
367	the administration of the city government into departments and
368	setting forth the duties, responsibilities, and powers of the
369	city manager, any assistant city managers, and departments of
370	the city government not in conflict with the provisions of this
371	charter. It is the responsibility of the city manager to
372	compile, publish, and disseminate the administrative code and to
373	recommend revisions thereof in a continuing program to provide
374	greater efficiency and economy in the operations of government.
375	(b)  Adoption.--Within 90 calendar days after the first
376	organizational meeting of the council, the city manager shall
377	submit a proposed administrative code to the council. The
378	council shall adopt the proposed code, as submitted or amended,
379	within 90 calendar days after the date submitted. If not adopted
380	within 90 calendar days, the code, as proposed by the manager,
381	shall govern the operations of the county administrator and
382	departments until such time as one may be adopted formally by
383	the council.
384	Section 5.  Elections.--
385	(1)  QUALIFIED ELECTORS.--A "qualified elector" means any
386	person at least 18 years of age who is a citizen of the United
387	States, is a legal resident of Florida and of the city, and has
388	registered to vote with the Supervisor of Elections in
389	Hillsborough County in accordance with the Florida Election
390	Code.
391	(2)  NONPARTISAN ELECTIONS.--All elections for the offices
392	of council member and mayor shall be nonpartisan. Candidates for
393	mayor and city council shall qualify for election in accordance
394	with general law for nonpartisan elections.
395	(3)  ELECTION IN 2008.--An election shall be held in
396	conjunction with the primary election in September 2008 to elect
397	council members and the mayor except that the initial special
398	election for these offices shall be as otherwise provided by
399	this act. Regular elections shall be held every 2 years
400	thereafter in accordance with the provisions of this charter.
401	(4)  GENERAL ELECTION.--The ballot for the general election
402	shall contain the names of all qualified candidates for mayor,
403	if applicable, and for the two council seats which are to be
404	filled at that election, except as otherwise provided by this
405	act. Qualified electors shall cast one vote for mayor, if
406	applicable, and one vote for each council seat, with a maximum
407	of one vote per candidate. The candidate for mayor receiving the
408	most votes shall be the duly elected mayor. The two council
409	candidates receiving the most votes shall be the duly elected
410	council members.
411	(5)  SPECIAL ELECTIONS.--Special elections, when required,
412	shall be scheduled by the council at such times and in such
413	manner as is consistent with this charter and state election
414	law.
415	(6)  COMMENCEMENT OF TERMS.--The term of office of any
416	elected official shall commence at the first regularly scheduled
417	council meeting after the election, except as otherwise provided
418	for by this act for the initial elections following the approval
419	of the referendum in this act.
420	(7)  OATH.--All elected officials, before entering upon
421	their duties, shall take and subscribe to the following oath of
422	office:
423	I do solemnly swear (or affirm) that I will support, protect,
424	and defend the Constitution and Government of the United States
425	and of the State of Florida and the charter of the City of
426	Ruskin; that I am duly qualified to hold office under the
427	Constitution of the State of Florida and the charter of the City
428	of Ruskin; and that I will well and faithfully perform the
429	duties of (Mayor or council member) upon which I am now about to
430	enter. (So help me God.)
431	(8)  RECALL.--The qualified electors of the city shall have
432	the power to recall and to remove from office any elected
433	official of the city as provided by general law.
434	Section 6.  Charter amendments; charter review committee.--
435	(1)  CHARTER AMENDMENTS.--This charter may be amended in
436	accordance with the provisions of general law.
437	(2)  APPOINTMENT OF CHARTER REVIEW COMMITTEE.--
438	(a)  By April 1, 2009, and every 4 years thereafter, the
439	council shall appoint by resolution a charter review committee,
440	which shall contain at least five qualified electors who are
441	residents of the city who shall serve for a term of 1 year
442	without compensation. The committee is empowered to conduct a
443	comprehensive study of any or all phases of city government. The
444	city manager shall provide such professional, technical, and
445	clerical assistance as may be reasonably required by the
446	committee upon submission of an appropriately documented request
447	by the committee.
448	(b)  The city attorney shall call the organizational
449	session of the charter review committee within 30 calendar days
450	after appointment thereof and at which time a chair, vice chair,
451	and other officers as may be required shall be elected from
452	among the committee members. The committee shall also establish
453	and publish a meeting schedule.
454	(c)  The committee shall make a final, written report of
455	its findings and recommendations to the mayor and council within
456	1 year after the date of its appointment.
457	(d)  All recommendations of the charter review committee
458	shall be considered by the council, and the council may by
459	ordinance propose amendments to this charter upon recommendation
460	of the charter review committee. Upon passage of the initiating
461	ordinance, the council shall submit the proposed amendment to a
462	vote of the electors of the city at the next general election
463	held within the city or at a special election called for such
464	purpose.
465	Section 7.  General provisions.--
466	(1)  CONFLICTS OF INTEREST; ETHICAL STANDARDS.--All council
467	members and employees of the city are subject to the standards
468	of conduct for public employees set by federal, state, county,
469	or other applicable law. The council may adopt, by ordinance,
470	more restrictive standards.
471	(2)  BOND.--The city manager and the city clerk, assistant
472	city managers, department directors, and any other employee
473	designated by the administrative code shall furnish a surety
474	bond to be approved by the council and in such amount as the
475	council may fix, such bond to be conditioned on the faithful
476	performance of his or her duties. The premium of the bond shall
477	be paid by the city.
478	(3)  INDEBTEDNESS.--The city may assume all outstanding
479	indebtedness related to any facility or real property it may
480	acquire from another unit of government and be liable for
481	payment thereon in accordance with its terms.
482	Section 8.  Transition provisions.--
483	(1)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES; QUALIFYING
484	PERIOD.--
485	(a)  Dates.--Following the adoption of this charter, the
486	board of county commissioners shall call an election on the date
487	of the special election on March 6, 2007, for the mayor and city
488	council, as provided by this act. If a runoff election is
489	required, it shall be held on March 27, 2007.
490	(b)  Qualifying period.--Any individual wishing to run for
491	mayor or one of the four council seats who is a qualified
492	elector of the city and has resided continuously within the
493	corporate boundaries described in this act for 1 year shall
494	qualify as a candidate with the Hillsborough County Supervisor
495	of Elections between January 15 and January 19, 2007, in
496	accordance with the provisions of this charter and general law
497	for nonpartisan elections.
498	(c)  Certification of election results.--The county
499	canvassing board shall certify the results of the initial
500	election, and the four candidates for council member receiving
501	the highest number of votes shall be elected. The candidate
502	receiving the highest number of votes shall occupy seat 1, the
503	candidate receiving the second highest number shall occupy seat
504	2, the candidate receiving the third highest number shall occupy
505	seat 3, and the candidate receiving the fourth highest number
506	shall occupy seat 4. At such initial election and each
507	subsequent election, the incumbents shall serve until their
508	successors are elected and assume the duties of the office. At
509	all subsequent elections, council members shall be elected for
510	4-year terms. The mayoral candidate receiving the highest number
511	of votes shall be elected. At the initial election and each
512	subsequent election, the mayor shall be elected to serve until
513	his or her successor is elected and assumes the duties of the
514	office. At all subsequent elections, the mayor shall be elected
515	for a 4-year term.
516	(2)  INDUCTION INTO OFFICE.--Those candidates who are
517	elected on March 6, 2007, shall take office at the initial
518	council meeting on April 3, 2007, which shall be held at a time
519	and place to be designated by the mayor. It is further provided,
520	however, that if a runoff election is required, the initial
521	council meeting shall be scheduled after certification thereof
522	at a time and place to be designated by the mayor.
523	(3)  TEMPORARY NATURE OF SUBSECTIONS (4)-(10).--The
524	following subsections are inserted solely for the purpose of
525	effecting the incorporation of the city and the transition to a
526	new municipal government. Subsections (4)-(10) shall
527	automatically, and without further vote or act of the electors
528	of the city, become ineffective and no longer a part of this
529	charter at such time as the implementation of each subsection
530	has been accomplished.
531	(4)  INTERIM ADOPTION OF CODES AND ORDINANCES.--Until
532	otherwise modified or replaced by this charter or the council,
533	all codes, ordinances, and resolutions of Hillsborough County in
534	effect on April 1, 2007, shall, to the extent applicable to the
535	city, remain in force and effect as municipal codes, ordinances,
536	and resolutions of the city. Until otherwise determined by the
537	council, such codes, ordinances, and resolutions shall be
538	applied, interpreted, and implemented by the city in a manner
539	consistent with established policies of Hillsborough County on
540	April 1, 2007.
541	(5)  TAXES AND FEES.--Until otherwise modified by the
542	council, all municipal taxes and fees imposed within the city
543	boundaries by the county as the municipal government for
544	unincorporated Hillsborough County, which taxes and fees are in
545	effect on the date of adoption of this charter, shall continue
546	at the same rate and on the same conditions as if those taxes
547	and fees had been adopted and assessed by the city.
548	(6)  FIRST-YEAR EXPENSES.--The council, in order to provide
549	moneys for the expenses and support of the city, has the power
550	to borrow money necessary for the operation of city government
551	until such time as a budget is adopted and revenues are raised
552	in accordance with the provisions of this charter. The county
553	shall, by April 5, 2007, provide the city with the share of the
554	unincorporated municipal services taxing unit taxes allocable to
555	the city for the current year prorated from the effective date
556	of this charter.
557	(7)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The council
558	shall adopt ordinances and resolutions required to effect the
559	transition. Ordinances adopted within 60 calendar days after the
560	first council meeting may be passed as emergency ordinances.
561	These transitional ordinances shall be effective for no longer
562	than 90 calendar days after adoption and thereafter may be
563	readopted, renewed, or otherwise continued only in the manner
564	normally prescribed for ordinances.
565	(8)  TRANSITIONAL SERVICES AND COMPENSATION.--
566	(a)  The Hillsborough County Board of County Commissioners
567	shall provide and be compensated for the provision of services
568	to the City of Ruskin as budgeted for in the fiscal year 2006-
569	2007 Hillsborough County budget during the 60-day transition
570	period set forth in subsection (7) or until such earlier time as
571	the city makes other arrangements for the services. The level of
572	services to be provided shall be consistent with the level upon
573	which the fiscal year 2005-2006 expense budget was predicated
574	and in accordance with adopted revenues.
575	(b)  The council shall adopt ordinances, resolutions,
576	agreements, and other documents as required to ensure the
577	continued collection of budgeted revenues with which to fund
578	services beginning on the date of the initial meeting of the
579	city council following the March 6, 2007, special election. Any
580	revenues adopted or received by the city upon which delivery of
581	services was not predicated within the Hillsborough County
582	Commission's fiscal year 2006-2007 adopted budget shall accrue
583	to the city.
584	(9)  STATE-SHARED REVENUES.--The city is entitled to
585	participate in all shared revenue programs of the state,
586	effective April 1, 2007. The provisions of section 218.23,
587	Florida Statutes, shall be waived for the purpose of eligibility
588	to receive revenue sharing from the date of incorporation
589	through the end of state fiscal year 2008-2009. The provisions
590	of section 218.26(3), Florida Statutes, shall be waived through
591	the end of state fiscal year 2008-2009, and the apportionment
592	factors for the municipalities and counties shall be
593	recalculated pursuant to section 218.245, Florida Statutes. The
594	initial population estimates for calculating eligibility for
595	shared revenues shall be determined by the University of Florida
596	Bureau of Economic and Business Research as of April 1, 2007.
597	Should the bureau be unable to provide an appropriate population
598	estimate, the initial population for calculating eligibility for
599	shared revenues shall be established at the level of 8,320.
600	(10)  SHARED REVENUES.--
601	(a)  Hillsborough County shall distribute to the city funds
602	from taxes, franchise fees, ad valorem taxes, and any other
603	revenues collected within the municipal boundaries of the city,
604	except that the city shall remain within the countywide library
605	service tax system and shall derive no revenues from this tax.
606	The population for the initial distribution is 8,320, which may
607	be adjusted from time to time in accordance with other
608	prescribed procedures.
609	(b)  The communication services tax imposed under section
610	202.19, Florida Statutes, by Hillsborough County will continue
611	within the city boundaries during the period commencing with the
612	date of incorporation through December 31, 2007. Revenues from
613	the tax shall be shared by Hillsborough County with the city in
614	proportion to the projected city population of 8,320 compared
615	with the unincorporated population of Hillsborough County before
616	the incorporation.
617	(11)  POWERS AND DUTIES OF THE CITY MANAGER.--Until the
618	administrative code is otherwise adopted in accordance with the
619	provisions of this charter, the city manager is empowered to:
620	(a)  Administer and carry out the policies of the council
621	and enforce all ordinances, resolutions, and motions of the
622	council, the provisions of the charter, and applicable general
623	laws to ensure that they are faithfully executed.
624	(b)  Supervise, direct, and control all city administrative
625	departments.
626	(c)  Prepare and submit in accordance with general law to
627	the council for its consideration and adoption an annual
628	operating budget, a capital budget, and a capital program;
629	establish the schedules and procedures to be followed by all
630	city departments, offices, and agencies in connection therewith;
631	and supervise and administer all phases of the budget process.
632	(d)  Supervise the care and custody of all city property,
633	institutions, and agencies.
634	(e)  Supervise the collection of revenues and the
635	expenditure of city funds.
636	(f)  On or before May 1 of each year, review, analyze, and
637	forecast trends of county services and finances and programs of
638	all boards, commissions, agencies, and other county bodies and
639	report and recommend thereon to the board.
640	(g)  Develop and install, within 1 year after adoption of
641	the administrative code, and maintain written centralized
642	budgeting, personnel, legal, and purchasing procedures as well
643	as procedures for each department to be presented to the council
644	for information and discussion.
645	(h)  Negotiate contracts, bonds, or other instruments for
646	the city, subject to council approval; make recommendations
647	concerning the nature and location of city improvements; and
648	execute services in keeping with established policies of the
649	council.
650	(i)  Ensure that all terms and conditions imposed in favor
651	of the city or its inhabitants in any statute, franchise, or
652	other contract are faithfully kept and performed.
653	(j)  Order, at the manager's discretion, any department
654	under the manager's jurisdiction as specified in the code to
655	undertake any task for any other department on a temporary basis
656	if it is necessary for the proper and efficient administration
657	of the city government to do so and delegate administrative
658	duties and responsibilities to assistant city administrators and
659	department directors.
660	(k)  Appoint and remove, with the advice and consent of the
661	council, a city attorney, and appoint, with the advice and
662	consent of the board, one or more assistant city administrators
663	and all department directors.
664	(l)  Exercise the exclusive power to appoint and employ
665	persons to fill authorized positions and perform official
666	functions in the city except those excluded under the terms of
667	this charter, such persons to serve at the pleasure of the
668	administrator.
669	(m)  Issue and enforce such administrative orders, rules,
670	or guidelines as the manager deems necessary to give appropriate
671	effect to the charter and maintain a complete compilation of all
672	such administrative orders, rules, and regulations.
673	(n)  Designate in writing to each member of the board who
674	shall function as the administrator during the temporary absence
675	of the administrator.
676	(12)  POWERS AND DUTIES OF THE CITY CLERK.--Until the
677	administrative code is otherwise adopted in accordance with the
678	provisions of this charter, the city clerk is responsible to the
679	city council for the proper administration of all legislative
680	affairs of the city and to that end shall have the following
681	powers and duties:
682	(a)  Appointment of a deputy city clerk who shall be exempt
683	from any city employee merit system.
684	(b)  Maintenance of the journal of all city council
685	meetings and work sessions and of such other board and committee
686	meetings as shall be required by the city council.
687	(c)  Authentication of all ordinances in a codified manner,
688	resolutions, and transcripts of legislative functions.
689	(d)  Publication of all public notices required by the city
690	council or by law.
691	(e)  Service as the legal custodian of all city records,
692	including contracts, deed, title insurance, and other official
693	documents.
694	(f)  Filing of all liens, satisfactions, and releases as
695	authorized by the manager.
696	(g)  Service as a notary public on behalf of the city.
697	(h)  Performance of such other duties as may be required by
698	the city council.
699	Section 9.  Severability.--If any section or part of any
700	section of this charter is held invalid by a court of competent
701	jurisdiction, such holding shall not affect the remainder of
702	this charter of the context in which such section or part of a
703	section so held invalid may appear, except to the extent that an
704	entire section or part of a section may be inseparably connected
705	in meaning and effect with the section or part of a section to
706	which such holding directly applies.
707	Section 10.  This act shall take effect as provided herein
708	only upon its approval by a majority vote of those qualified
709	electors residing within the proposed corporate limits of the
710	proposed City of Ruskin, as described in subsection (3) of
711	section 2, voting in a referendum election to be called by the
712	Hillsborough County Commission, to be held on November 3, 2006,
713	and to be held in accordance with provisions of general law
714	relating to elections currently in force, except that this
715	section shall take effect upon becoming a law.

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