| 1 | The Finance & Tax Committee 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 |
|
| 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 |
|
| 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 |
|
| 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) Notwithstanding the provisions of section 336.025, |
| 577 | Florida Statutes, the City of Southport shall be entitled to |
| 578 | receive local option gas tax revenues beginning October 1 of the |
| 579 | first year that the city is eligible for state-shared revenues |
| 580 | under subsection (9). |
| 581 | (b) The gas tax distribution shall be made in accordance |
| 582 | with an interlocal agreement entered into prior to June 1, 2007. |
| 583 | Section 13. This act shall take effect only upon its |
| 584 | approval by a majority vote of those qualified electors residing |
| 585 | within the proposed corporate limits of the proposed City of |
| 586 | Southport voting in a referendum election to be called by the |
| 587 | Bay County Commission and to be held in accordance with the |
| 588 | provisions of law currently in force, except that this section |
| 589 | shall take effect upon becoming a law. |