1 | The Local Government Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the City of Southport, Bay County; |
7 | creating the City of Southport; providing a charter; |
8 | providing legislative intent; providing for a commission- |
9 | manager form of government; providing municipal powers; |
10 | providing boundaries; providing for a city commission and |
11 | its composition and qualifications; providing terms of |
12 | office, powers, and duties of commissioners; providing for |
13 | a mayor and vice mayor and their powers and duties; |
14 | providing for compensation and expenses of the commission; |
15 | providing for vacancies, forfeiture of office, and filling |
16 | of vacancies; providing for commission meetings; providing |
17 | for a city manager and city attorney and their |
18 | qualifications, powers, and duties; providing for |
19 | elections; providing for elections to be held at large |
20 | until the commission creates voting districts; providing |
21 | for municipal services; providing for charter amendment |
22 | and review; providing for standards of conduct; providing |
23 | severability; providing a transition schedule, including |
24 | initial elections; providing for state-shared revenue; |
25 | providing for gas tax revenues; requiring a referendum; |
26 | providing an effective date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Charter; creation.--This act shall be known and |
31 | may be cited as the "City of Southport Charter" ("charter"), and |
32 | the City of Southport ("city") is hereby created and |
33 | established. |
34 | Section 2. Legislative intent.--The Legislature hereby |
35 | finds and declares that: |
36 | (1) The Southport area of Bay County includes a compact |
37 | and contiguous urban community amenable to separate municipal |
38 | government. |
39 | (2) It is in the best interests of the public health, |
40 | safety, and welfare of the citizens of this community to form a |
41 | separate municipality for the Southport area with all powers and |
42 | authority necessary to provide efficient and adequate municipal |
43 | services to its residents. |
44 | Section 3. Powers.-- |
45 | (1) CREATION.--The city shall have a commission-manager |
46 | form of government. |
47 | (2) MUNICIPAL POWERS.--The city shall be a body corporate |
48 | and politic and shall have all the powers of a municipality |
49 | under the State Constitution and laws of the state, as fully and |
50 | completely as though such powers were specifically enumerated in |
51 | this charter, unless otherwise prohibited by or contrary to the |
52 | provisions of this charter. The city shall have all |
53 | governmental, corporate, and proprietary powers necessary to |
54 | enable it to conduct municipal government, perform municipal |
55 | functions, and render municipal services and may exercise any |
56 | power for municipal purposes unless expressly prohibited by law. |
57 | The powers of this city shall be liberally construed in favor of |
58 | this city. |
59 | Section 4. Corporate limits.--The following areas shall |
60 | constitute the corporate limits of the City of Southport: |
61 |
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62 | BEGIN AT THE INTERSECTION OF THE NORTH LINE OF SECTION |
63 | 17, TOWNSHIP 2 SOUTH, RANGE 14 WEST, BAY COUNTY, |
64 | FLORIDA WITH THE WEST RIGHT OF WAY LINE OF STATE ROAD |
65 | NO. 77. THENCE EAST ALONG THE NORTH LINE OF SECTIONS |
66 | 17, 16, AND 15 TO THE NORTHEAST CORNER OF SECTION 15, |
67 | TOWNSHIP 2 SOUTH, RANGE 14 WEST, THENCE NORTH ALONG |
68 | THE WEST LINE OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE |
69 | 14 WEST TO THE NORTHWEST CORNER OF SAID SECTION 11. |
70 | THENCE EAST ALONG THE NORTH LINE OF SECTIONS 11 AND |
71 | 12, TOWNSHIP 2 SOUTH, RANGE 14 WEST AND THE NORTH LINE |
72 | OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 13 WEST TO THE |
73 | CENTER OF CEDAR CREEK. THENCE SOUTHERLY ALONG THE |
74 | CENTER OF CEDAR CREEK AND DEER POINT LAKE TO THE |
75 | MIDPOINT OF DEER POINT LAKE DAM, THENCE SOUTHWESTERLY |
76 | ALONG THE CENTER OF NORTH BAY TO THE SOUTHERLY |
77 | PROJECTION OF THE EAST LINE OF SECTION 4, TOWNSHIP 3 |
78 | SOUTH, RANGE 14 WEST, THENCE NORTH ALONG SAID EAST |
79 | LINE TO THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 2 |
80 | SOUTH, RANGE 14 WEST, THENCE WEST ALONG THE SOUTH LINE |
81 | OF SAID SECTION 33 TO THE SOUTHERLY PROJECTION OF A |
82 | LINE PARALLEL WITH AND 202.50 FEET EAST OF THE WEST |
83 | LINE OF LOT 97, ST. ANDREWS BAY PECAN & FIG GROVES |
84 | COMPANY'S SUBDIVISION, THENCE NORTH PARALLEL WITH SAID |
85 | WEST LINE OF LOT 97 TO A LINE PARALLEL WITH AND 175 |
86 | FEET SOUTH OF THE NORTH LINE OF SAID LOT 97, THENCE |
87 | EAST PARALLEL WITH SAID NORTH LINE OF LOT 97 FOR 455 |
88 | FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT 97, |
89 | THENCE NORTH 175 FEET TO THE NORTHEAST CORNER OF SAID |
90 | LOT 97, THENCE WEST 647.5 FEET, MORE OR LESS, TO THE |
91 | NORTHEAST CORNER OF LOT 98, SAID SUBDIVISION, THENCE |
92 | WEST ALONG THE NORTH LINE OF SAID LOT 98 AND THE |
93 | WESTERLY PROJECTION THEREOF TO THE NORTHEAST CORNER OF |
94 | LOT 99, SAID SUBDIVISION, THENCE NORTH ALONG THE EAST |
95 | LINE OF LOT 94, SAID SUBDIVISION TO THE NORTHEAST |
96 | CORNER OF SAID LOT 94, THENCE WEST ALONG THE NORTH |
97 | LINE OF SAID LOT 94 TO THE EAST LINE OF THE "LANGLEY" |
98 | TRACT, SAID PLAT OF ST. ANDREWS BAY PECAN & FIG GROVES |
99 | COMPANY'S SUBDIVISION, THENCE NORTH ALONG THE EAST |
100 | LINE OF THE "LANGLEY" TRACT FOR 3.8 FEET TO THE NORTH |
101 | LINE OF THE 15 FOOT STRIP DESCRIBED IN OFFICIAL |
102 | RECORDS BOOK 1104, PAGE 666 OF THE PUBLIC RECORDS OF |
103 | BAY COUNTY, FLORIDA, THENCE WEST FOR 15 FEET, THENCE |
104 | SOUTH FOR 90 FEET, THENCE WEST ALONG THE NORTH LINE OF |
105 | THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1104, |
106 | PAGE 666 TO THE EDGE OF NORTH BAY, THENCE |
107 | SOUTHWESTERLY ALONG THE RIPARIAN RIGHTS LINE OF SAID |
108 | PARCEL TO THE CENTER OF NORTH BAY, THENCE WESTERLY |
109 | ALONG THE CENTER OF NORTH BAY TO THE SOUTHERLY |
110 | PROJECTION OF THE WEST LINE OF THE EAST HALF OF THE |
111 | EAST HALF OF SECTION 31, TOWNSHIP 2 SOUTH, RANGE 14 |
112 | WEST, THENCE NORTH ALONG SAID WEST LINE OF THE EAST |
113 | HALF OF THE EAST HALF OF SAID SECTION 31 AND THE |
114 | SOUTHERLY PROJECTION THEREOF TO THE NORTH LINE OF SAID |
115 | SECTION 31, THENCE NORTH ALONG THE WEST LINE OF THE |
116 | EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 30, |
117 | TOWNSHIP 2 SOUTH, RANGE 14 WEST TO THE NORTHWEST |
118 | CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER, |
119 | THENCE EAST ALONG THE NORTH LINE OF SAID EAST HALF OF |
120 | THE SOUTHEAST QUARTER TO THE WEST LINE OF SECTION 29, |
121 | TOWNSHIP 2 SOUTH, RANGE 14 WEST, THENCE SOUTH ALONG |
122 | SAID WEST LINE OF SECTION 29 TO THE NORTHWEST CORNER |
123 | OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID |
124 | SECTION 29, THENCE EAST ALONG THE NORTH LINE OF SAID |
125 | SOUTH HALF OF THE SOUTHWEST QUARTER TO THE NORTHEAST |
126 | CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER, |
127 | THENCE NORTH ALONG THE WEST LINE OF THE EAST HALF OF |
128 | SAID SECTION 29 TO THE NORTHWEST CORNER OF THE |
129 | NORTHEAST QUARTER OF SAID SECTION 29, THENCE EAST |
130 | ALONG THE NORTH LINE OF SAID SECTION 29 TO THE |
131 | NORTHEAST CORNER OF SAID SECTION 29, THENCE NORTH |
132 | ALONG THE WEST LINE OF SECTION 21, TOWNSHIP 2 SOUTH, |
133 | RANGE 14 WEST TO THE NORTHWEST CORNER OF THE SOUTH |
134 | HALF OF THE SOUTH HALF OF SAID SECTION 21, THENCE EAST |
135 | ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTH |
136 | HALF TO THE INTERSECTION OF THE WEST RIGHT OF WAY LINE |
137 | OF STATE ROAD NO. 77 WITH THE NORTH LINE OF SAID SOUTH |
138 | HALF OF THE SOUTH HALF OF SECTION 21, THENCE |
139 | NORTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE TO THE |
140 | POINT OF BEGINNING. |
141 |
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142 | Section 5. City commission.-- |
143 | (1) COMPOSITION; QUALIFICATIONS FOR OFFICE.-- |
144 | (a) Composition.--There shall be a five-member city |
145 | commission, consisting of a mayor and four commissioners, all |
146 | elected from the Southport area at large. For purposes of proper |
147 | interpretation of this charter, unless the context otherwise |
148 | requires, the term "commissioner" shall include the mayor. |
149 | (b) Qualifications for office.-- |
150 | 1. Each candidate for the office of city commissioner |
151 | shall be a qualified elector of this city. |
152 | 2. At the time of qualification, each candidate for a seat |
153 | on the commission shall reside within the boundaries of the city |
154 | of Southport and shall remain a resident of the city for the |
155 | length of his or her term. |
156 | 3. For the initial election of commissioners and mayor and |
157 | for each election thereafter, each individual seeking to qualify |
158 | as a candidate for a seat on the commission shall submit a |
159 | petition or application supporting his or her candidacy to the |
160 | city manager (or, for the initial election, to the Supervisor of |
161 | Elections of Bay County) containing the signatures of 1 percent |
162 | of the electors residing within the boundaries of the City of |
163 | Southport at large or payment of the required fee according to |
164 | the Florida Election Code and declaring which seat he or she is |
165 | endeavoring to obtain. |
166 | (2) TERMS OF OFFICE.--The term of office for each |
167 | commissioner shall be 4 years. In order to provide for |
168 | staggering of terms, the initial terms of office for seats one |
169 | and three and the mayor's seat shall be for 2 years each. |
170 | (3) POWERS AND DUTIES OF COMMISSION.--Except as otherwise |
171 | prescribed herein or provided by law, all legislative powers of |
172 | the city shall be vested in the commission. |
173 | (4) MAYOR.-- |
174 | (a) Powers.--There shall be a mayor who shall be elected |
175 | at large and who shall have the same legislative powers and |
176 | duties as any of the other commissioners, except as herein |
177 | provided. |
178 | (b) Duties.--The mayor shall preside at the meetings of |
179 | the commission, be recognized as the head of city government for |
180 | ceremonial matters, and sign and execute ordinances, contracts, |
181 | deeds, bonds, and other instruments and documents. The mayor |
182 | shall have no administrative duties other than those necessary |
183 | to accomplish these actions, or such other actions as may be |
184 | authorized by city commission, consistent with general or |
185 | special law. |
186 | (5) VICE MAYOR.-- |
187 | (a) Election.--There shall be a vice mayor elected |
188 | annually by the commission from among the commissioners. Such |
189 | election shall take place at the first meeting after each |
190 | regular city general election. |
191 | (b) Powers and duties.--The vice mayor shall have the same |
192 | legislative powers and duties as any other commissioner, except |
193 | that he or she shall serve as acting mayor during the absence or |
194 | disability of the mayor and, during such period, shall have the |
195 | same duties as provided for in paragraph (4)(b). In the absence |
196 | of the mayor and vice mayor, the remaining commissioners shall |
197 | elect a commissioner to serve as acting mayor. |
198 | (6) COMPENSATION AND EXPENSES.-- |
199 | (a) Compensation.--The mayor and commissioners shall serve |
200 | without compensation for the first 3 months in office. The |
201 | commission may determine an annual salary for commissioners or |
202 | the mayor, but no ordinance providing for such salaries shall |
203 | become effective until the date of commencement of the terms of |
204 | the commissioners elected at the next regular election, except |
205 | for any annual salary provided for after the initial election. |
206 | Any salary provided for during the initial term will become |
207 | effective 91 days after the commissioners take office unless a |
208 | later date is established. |
209 | (b) Expenses.--The commission may provide for |
210 | reimbursement of actual expenses incurred by members while |
211 | performing their official duties. |
212 | (7) VACANCIES; FORFEITURE OF OFFICE; FILLING OF |
213 | VACANCIES.-- |
214 | (a) Vacancies.--A vacancy in the office of a commissioner |
215 | shall occur upon the incumbent's death, removal from office as |
216 | authorized by law, resignation, appointment to other public |
217 | office which creates dual officeholding, judicially determined |
218 | incompetence, or forfeiture of office as herein described. |
219 | (b) Forfeiture of office.--A commissioner shall forfeit |
220 | his or her office if he or she: |
221 | 1. Is determined by the commission, acting as a body, to |
222 | lack at any time or fail to maintain during his or her term of |
223 | office any qualification for the office as prescribed by this |
224 | charter or otherwise required by law; |
225 | 2. Is convicted of a felony or enters a plea of guilty or |
226 | nolo contendere to a crime punishable as a felony, even if |
227 | adjudication of guilt has been withheld; |
228 | 3. Is found by the commission, acting as a body, to have |
229 | violated any standard of conduct or code of ethics established |
230 | by law for public officials and has been suspended from office |
231 | by the Governor, unless subsequently reinstated as provided by |
232 | law; or |
233 | 4. Is absent from three consecutive regular commission |
234 | meetings without being excused by the commission. |
235 | (c) Filling of vacancies.-- |
236 | 1. If a vacancy occurs in the office of mayor, the vice |
237 | mayor shall serve as mayor until a new mayor is elected at the |
238 | next regularly scheduled city election and assumes the duties of |
239 | his or her office. The commission shall fill the commissioner's |
240 | seat temporarily vacated by the vice mayor by appointment as |
241 | herein provided. |
242 | 2. If a vacancy occurs in the office of any commissioner |
243 | other than mayor and the remainder of the unexpired term is less |
244 | than 2 years, the remaining commissioners shall, within 30 days |
245 | following the occurrence of such vacancy, by majority vote, |
246 | appoint a person to fill the vacancy for the remainder of the |
247 | unexpired term. If the remainder of the unexpired term exceeds 2 |
248 | years, the remaining commissioners shall, within 30 days |
249 | following the occurrence of such vacancy, by majority vote, |
250 | appoint a person to fill the vacancy until the next regularly |
251 | scheduled city election. |
252 | 3. Any person appointed to fill a vacancy on the |
253 | commission is required to meet the qualifications of the seat to |
254 | which he or she is appointed, except the petition requirement. |
255 | (d) Extraordinary vacancies.--In the event that all |
256 | members of the council are removed by death, disability, law, or |
257 | forfeiture of office, the Governor shall appoint an interim |
258 | commission that shall call a special election to be held 60 to |
259 | 90 days after the interim commission's appointment. Such |
260 | election shall be held in the same manner as the initial |
261 | election under this charter. |
262 | Section 6. City commission meetings.--The commission shall |
263 | meet regularly at least once a month at such times and places as |
264 | the commission may prescribe. Such meetings shall be public |
265 | meetings and shall be subject to notice and other requirements |
266 | of law applicable to public meetings. |
267 | (1) The first meeting following a general city election at |
268 | which elected or reelected commissioners are inducted into |
269 | office shall be held on the first Monday following such |
270 | election. |
271 | (2) A majority of the commission shall constitute a |
272 | quorum. No action of the commission shall be valid unless |
273 | adopted by an affirmative vote of a majority of the |
274 | commissioners in attendance, unless otherwise provided by law or |
275 | stated herein. All actions of the city commission shall be by |
276 | ordinance, resolution, or motion. |
277 | (3) Special meetings may be held at the call of the mayor |
278 | or, in his or her absence, the vice mayor. Special meetings may |
279 | also be called upon the request of a majority of the |
280 | commissioners. The city manager shall provide no less than 12 |
281 | hours' notice of the meeting to the public, when practical. |
282 | Section 7. Designated charter officers.-- |
283 | (1) DESIGNATED CHARTER OFFICERS.--The initial designated |
284 | charter officer shall be the city manager. Other charter |
285 | officers may be appointed by majority vote of the commission. |
286 | (a) Appointment.--The charter officers shall be appointed |
287 | by a majority vote of the full commission and shall serve at the |
288 | pleasure of the commission. |
289 | (b) Removal.--The charter officers shall be removed from |
290 | office by a majority vote of the full commission. If the vote is |
291 | not unanimous, the charter officer may, within 7 days after the |
292 | dismissal motion by the commission, submit to the mayor a |
293 | written request for reconsideration. Any action taken by the |
294 | commission at the reconsideration hearing shall be final. |
295 | (c) Compensation.--The compensation of the charter |
296 | officers shall be fixed by the city commission. |
297 | (d) Filling of vacancies.--The city commission shall begin |
298 | the process to fill a vacancy in the charter office of the city |
299 | manager or the city attorney within 90 days after the vacancy |
300 | occurs. An acting city manager or acting city attorney may be |
301 | appointed by the city commission during a vacancy in office. |
302 | (e) Candidate for city office.--No charter officer shall |
303 | be a candidate for any elected office while holding his or her |
304 | charter office position. |
305 | (2) CITY MANAGER.--The city manager shall be the chief |
306 | administrative officer of the city and shall serve at the |
307 | direction and discretion of the city commission. |
308 | (a) Qualifications.--The city manager shall be selected on |
309 | the basis of qualifications the commissioners deem appropriate, |
310 | including, but not limited to, experience, expertise, and |
311 | management ability as they pertain to running municipal |
312 | government. |
313 | (b) Powers and duties.--The city manager shall: |
314 | 1. Attend all meetings of the city commission. |
315 | 2. Be responsible to the commission for the administration |
316 | of all city affairs placed in his or her charge by majority vote |
317 | of the commission or under this charter. |
318 | (3) CITY ATTORNEY.--The commission members may contract |
319 | with a city attorney. |
320 | (a) Qualifications.--The city attorney shall be a member |
321 | in good standing of The Florida Bar. |
322 | (b) Powers and duties.--The city attorney or his or her |
323 | designee, who shall be a lawyer and a member in good standing of |
324 | The Florida Bar, shall: |
325 | 1. Attend all city commission meetings unless excused by |
326 | the city commission. |
327 | 2. Perform such professional duties as may be required by |
328 | law or by the commission in furtherance of the law. |
329 | 3. Be the chief legal officer of the city and serve as |
330 | chief legal advisor to the commission, the city manager, and all |
331 | city departments, offices, city advisory boards, and agencies. |
332 | Section 8. Elections.-- |
333 | (1) ELECTORS.--Any person who is a resident of the city, |
334 | who has qualified as an elector of the state, and who registers |
335 | in the manner prescribed by law shall be an elector of this |
336 | city. |
337 | (2) NONPARTISAN ELECTIONS.--All elections for the office |
338 | of mayor or other city commissioners shall be conducted on a |
339 | nonpartisan basis without any designation of political party |
340 | affiliation. |
341 | (3) QUALIFICATIONS.--Candidates for the office of city |
342 | commission member or mayor shall qualify for office by filing a |
343 | written notice of candidacy with the designated official at such |
344 | time and in such manner as may be prescribed by the Florida |
345 | Election Code and as otherwise provided in this charter. |
346 | (4) PROCEDURE FOR REGULAR ELECTIONS AND RUNOFF |
347 | ELECTIONS.-- |
348 | (a) The regular election of the city commission members |
349 | and mayor shall be held on the third Tuesday after the third |
350 | Monday in April in each even-numbered year when the 4-year term |
351 | for each respective seat has expired, in the manner provided for |
352 | by this charter and general law. Runoff elections, if necessary, |
353 | shall be held on the third Tuesday after the third Monday in May |
354 | in the same year. |
355 | (b) No later than noon Friday, 3 weeks before the election |
356 | for office, any individual who wishes to run for one of the five |
357 | initial seats on the commission shall qualify as a candidate |
358 | with the Bay County Supervisor of Elections in accordance with |
359 | the provisions of this charter and general law. Each candidate |
360 | must specify for which of the seats he or she desires to |
361 | campaign and serve. |
362 | (c)1. The Bay County Commission shall appoint a canvassing |
363 | board of three members who are not candidates, which shall |
364 | certify the results of the election. At least one citizen from |
365 | the area or municipality of Southport shall be appointed to |
366 | serve on the canvassing board. |
367 | 2. After the initial election, the city commissioners |
368 | shall decide how results are certified by ordinance. |
369 | 3. If two or more persons qualify for a seat and none |
370 | receive a majority of the votes cast for that seat, the two |
371 | candidates receiving the highest number of votes shall face each |
372 | other in a runoff election. The person receiving the highest |
373 | number of votes at said runoff election shall be elected. The |
374 | canvass of returns for said runoff election shall be the same as |
375 | for a general election. |
376 | (d) In the event of a tie vote for any seat, the names of |
377 | the candidates who tied shall be placed in a box and one name |
378 | shall be drawn by a member of the canvassing board. The |
379 | candidate whose name is drawn from the box shall be the winning |
380 | candidate. |
381 | (e) The result of the voting, when ascertained, shall be |
382 | certified by a return in duplicate, signed by two of the members |
383 | of the canvassing board. One copy shall be delivered to the city |
384 | attorney and the other copy shall be delivered to the city |
385 | manager. Both returns are to be delivered to the city commission |
386 | at a meeting to be held at noon on the day following |
387 | certification of the election results. At such meeting, the city |
388 | commission shall convey the return and announce the results of |
389 | the election on the official record. |
390 | (5) INDUCTION INTO OFFICE.-- |
391 | (a) Those candidates who are elected shall be inducted |
392 | into office and take office at a meeting held at the regular |
393 | meeting place of the commission no more than 30 days after the |
394 | final election requirements are determined to be in compliance. |
395 | (b) Initial elections shall be held after the referendum |
396 | for incorporation as stated in section 12. |
397 | (6) RECALL OF CITY COMMISSIONERS.--Any member of the city |
398 | commission may be removed from office by the electors of the |
399 | city following the procedures of recall established in general |
400 | law. |
401 | (7) DISTRICT BOUNDARIES.-- |
402 | (a) Elections shall be held at large until such time as |
403 | the commissioners pass an ordinance providing for voting |
404 | districts. |
405 | (b) In the event that the commissioners pass an ordinance |
406 | providing for voting districts, such districts shall come up for |
407 | review every 5 years after the first election they are in use, |
408 | unless an earlier review is determined necessary by the |
409 | supervisor of elections and the commission. |
410 | Section 9. Southport area municipal services.--After the |
411 | first general election, the city commissioners may authorize the |
412 | city manager to enter into contracts for municipal services on |
413 | behalf of the City of Southport. Before a city manager is hired, |
414 | the mayor is authorized to enter into contracts for services on |
415 | behalf of the city. |
416 | Section 10. General provisions.-- |
417 | (1) CHARTER AMENDMENT.--This charter may be amended in |
418 | accordance with the provisions of the Municipal Home Rule Powers |
419 | Act, chapter 166, Florida Statutes, or as may otherwise be |
420 | provided by general law. The form, content, and certification of |
421 | any petition to amend the charter shall be established by |
422 | ordinance. |
423 | (2) CHARTER REVIEW.--The standards for charter review |
424 | shall be established by ordinance. |
425 | (3) INITIATIVE AND REFERENDUM.--At least 25 percent of the |
426 | qualified electorate of the city shall have the power to |
427 | petition to propose an ordinance or to require reconsideration |
428 | of an adopted ordinance, and if the commission fails to adopt |
429 | such ordinance so proposed or to repeal such adopted ordinance |
430 | without any change in substance, then the commission shall place |
431 | the proposed ordinance or the repeal of the adopted ordinance on |
432 | the ballot at the next general election. |
433 | (4) STANDARDS OF CONDUCT.--All elected officials and |
434 | employees of the city shall be subject to the standards of |
435 | conduct for public officials and employees set by general law. |
436 | In addition, the city commission may by ordinance establish a |
437 | code of ethics for officials and employees of the city which may |
438 | be supplemental to the general law, but in no case may such an |
439 | ordinance diminish the provisions of general law. |
440 | Section 11. Severability.--If any provision of this act or |
441 | the application thereof to any person or circumstance is held |
442 | invalid, the invalidity shall not affect other provisions or |
443 | applications of this act which can be given effect without the |
444 | invalid provision or application, and to this end the provisions |
445 | of this act are declared severable. |
446 | Section 12. Transition schedule.-- |
447 | (1) REFERENDUM.--The referendum election called for the |
448 | purposes of this act shall be held no later than 90 days from |
449 | the date of legislative approval of this act, unless there is |
450 | established a different municipal election date, in which case |
451 | the election shall be on the date so established. At such time, |
452 | the issue of whether to incorporate the City of Southport shall |
453 | be placed upon the ballot. In the event the electorate votes |
454 | affirmatively by a majority of electors voting in the referendum |
455 | to incorporate and establish the City of Southport, the |
456 | provisions of this charter shall take effect as provided herein. |
457 | (2) CREATION AND ESTABLISHMENT OF CITY.--For the purpose |
458 | of compliance with general law, relating to assessment and |
459 | collection of ad valorem taxes, the City of Southport is hereby |
460 | created and established effective the date this charter becomes |
461 | law. |
462 | (3) INITIAL ELECTION OF COMMISSIONERS; DATES, QUALIFYING |
463 | PERIOD, CERTIFICATION OF ELECTION RESULTS; INDUCTION INTO |
464 | OFFICE.-- |
465 | (a) Following the adoption of this charter in accordance |
466 | with section 13, the Bay County Commission shall call a special |
467 | election of a mayor and the other four city commissioners to be |
468 | held as soon as possible but no more than 90 days after an |
469 | affirmative vote to incorporate by referendum at the convenience |
470 | of the supervisor of elections. Any necessary runoff elections |
471 | shall be held as soon as possible but no sooner than 14 days and |
472 | no more than 60 days after the special election at the |
473 | convenience of the supervisor of elections. |
474 | (b) No later than noon Friday, 3 weeks before the election |
475 | of commissioners, any individual who wishes to run for one of |
476 | the five initial seats on the commission shall qualify as a |
477 | candidate with the Bay County Supervisor of Elections in |
478 | accordance with the provisions of this charter and general law. |
479 | Each candidate must specify for which of the seats he or she |
480 | desires to campaign and serve. |
481 | (c)1. The Bay County Commission shall appoint a canvassing |
482 | board of three members who are not candidates which shall |
483 | certify the results of the election. At least one citizen from |
484 | the area or municipality of Southport shall be appointed to |
485 | serve on the canvassing board. |
486 | 2. After the initial election, the city commissioners |
487 | shall decide how results are certified by ordinance. |
488 | 3. If two or more persons qualify for a seat and none |
489 | receives a majority of the votes cast for that seat, the two |
490 | candidates receiving the highest number of votes shall face each |
491 | other in a runoff election. The person receiving the highest |
492 | number of votes at said runoff election shall be elected. The |
493 | canvass of returns for said runoff election shall be the same as |
494 | for a general election. |
495 | 4. In the event of a tie vote for any seat, the names of |
496 | the candidates who tied shall be placed in a box and one name |
497 | shall be drawn by a member of the canvassing board. The |
498 | candidate whose name is drawn from the box shall be the winning |
499 | candidate. |
500 | (4) INDUCTION INTO OFFICE.--Those candidates who are |
501 | elected shall be inducted into office and take office at the |
502 | initial city commission meeting, which shall be held no more |
503 | than 30 days after the final election requirements are |
504 | determined to be in compliance at the Southport Community |
505 | Center, located at 7334 Franklin Street, Southport, Florida. |
506 | (5) TRANSITION SERVICES AND COMPENSATION.--It is intended |
507 | that Bay County provide and be compensated for the provision of |
508 | services for the City of Southport as budgeted for in the fiscal |
509 | year 2006-2007 Bay County Budget as far as the revenue will |
510 | provide. The level of services to be provided will be consistent |
511 | with the level upon which the fiscal year 2006-2007 expense |
512 | budget was predicted and in accordance with adopted revenue. It |
513 | is the responsibility of the city to adopt appropriate |
514 | ordinances, resolutions, or agreements as required to ensure the |
515 | continued collection of budgeted revenues with which to fund |
516 | services beginning January 1, 2007. Any revenues adopted or |
517 | received by the City of Southport upon which delivery of |
518 | services was not predicted within the county's fiscal year 2006- |
519 | 2007 adopted budget shall accrue to the City of Southport. |
520 | Services that the county shall provide under the terms of this |
521 | agreement include all services provided to the Southport |
522 | municipal district as adopted by the Bay County Commission prior |
523 | to the City of Southport becoming operational. |
524 | (6) FIRST-YEAR EXPENSES.--The commission, in order to |
525 | provide moneys for the expenses and support of this city, shall |
526 | have the power to borrow money necessary for the operation of |
527 | city government until such time as a budget is adopted and |
528 | revenues are raised in accordance with the provisions of this |
529 | charter. |
530 | (7) TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The city |
531 | commission shall adopt ordinances and resolutions required to |
532 | effect the transition. Ordinances adopted within 60 days after |
533 | the first commission meeting shall be passed as emergency |
534 | ordinances. These transitional ordinances shall be effective for |
535 | no longer than 90 days after adoption and thereafter may be |
536 | readopted, renewed, or otherwise continued only in the manner |
537 | normally prescribed for ordinances. |
538 | (8) TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT |
539 | REGULATION.-- |
540 | (a) Until such time as the city adopts a comprehensive |
541 | plan, the applicable provisions of the Comprehensive Plan of Bay |
542 | County, as the same exists on the day the city commences |
543 | corporate existence, shall remain in effect as the city's |
544 | transitional comprehensive plan. However, all planning |
545 | functions, duties, and authority shall thereafter be vested in |
546 | the City Commission of Southport, which shall be deemed the |
547 | local planning agency until the commission establishes a |
548 | separate local planning agency. |
549 | (b) All powers and duties of the Bay County Planning and |
550 | Land Development Regulations Commission, any boards of |
551 | adjustment and appeals created pursuant to statutory trade |
552 | codes, and the Bay County Commission, as set forth in these |
553 | traditional zoning and land use regulations, shall be vested in |
554 | the City Commission of Southport until such time as the city |
555 | commission delegates all or a portion hereof to another entity. |
556 | (c) Upon the city's incorporation, the city shall use Bay |
557 | County's Comprehensive Plan and land development regulations. |
558 | However, after the city's incorporation, any amendment to the |
559 | county's comprehensive plan and land development regulations |
560 | shall not apply to the city unless approved by the city |
561 | commission. |
562 | (9) STATE-SHARED REVENUES; CITY PARTICIPATION IN STATE- |
563 | SHARED REVENUES PROGRAMS.--The City of Southport shall be |
564 | entitled to participate in the state-shared revenues programs |
565 | effective on the first day of the month occurring after the |
566 | first meeting of the commission. The provisions of section |
567 | 218.23, Florida Statutes, shall be waived for the purpose of |
568 | eligibility to receive revenue sharing funds from the date of |
569 | incorporation through the state fiscal year 2006-2007. Initial |
570 | population estimates for calculating eligibility for shared |
571 | revenues shall be determined by the University of Florida Bureau |
572 | of Economic and Business Research. Should the bureau be unable |
573 | to provide an appropriate population estimate, the Bay County |
574 | Planning Department shall provide an appropriate estimate. |
575 | (10) GAS TAX REVENUES.-- |
576 | (a) The City of Southport shall be entitled to receive a |
577 | local option gas tax revenue beginning the first full fiscal |
578 | year following incorporation. |
579 | (b) The gas tax distribution shall be made in accordance |
580 | with an interlocal agreement entered into prior to June 1, 2007. |
581 | Section 13. This act shall take effect only upon its |
582 | approval by a majority vote of those qualified electors residing |
583 | within the proposed corporate limits of the proposed City of |
584 | Southport voting in a referendum election to be called by the |
585 | Bay County Commission and to be held in accordance with the |
586 | provisions of law currently in force, except that this section |
587 | shall take effect upon becoming a law. |