Charter With Amendments

This Draft incorporates the changes to the Charter as proposed by the Charter Review Commission Language proposed to be removed is indicated by rilro r r Iiy c rl language proposed to be added is indicated by underline Language

double underline where it is moved to and proposed to be moved is indicated bywere i t d it is moved from PART I CER CHAR

Editors Note The Charter of the City of Flagler Beach as herein set out was adopted by Ord No 92 33 adopted Dec 29 1992 Ordinance No 92 33 was ratified by the electorate at a referendum election held Nov 3 992 Art 1 Creation and Art II

07 1 1

City Commission

Art II1 City Art IV Administrative

Powers

02 1 2 1

04 3 3A1

Manager

Departments Offices and Agencies

Art V Financial Procedures Art VI

02 01 4 4

08 5 1

01 Planning and 7 oning 6

Art V11

Elections

05 7 1

Art VIII Initiative and Referendum Art 1X General

Provisions

Art X Transitional Provisions

07 8 1

01 9 9 03 07 01 10

ARTICLE I CREATION AND POWERS Section 1 01 Creation and Powers The City of Flagler Beach as previously created April 16 1925 shall continue as a Florida municipal corporation having all governmental corporate and proprietary powers to enable it to conduct municipal goverrunent perform municipal functions and render municipal services and may exercise any power for municipal purposes except as otherwise provided by law

Ord

No

28 1 12 99 99

Page

1 of 21

Section 1 02 Construction

The powers of the City under this Charter shall be construed liberally in favor of the City and the mention of particular powers in the Charter shall not be construed as limiting in any way the general stated in this article power

specific

Section 1 03 Intergovernmental relations The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof jointly or in cooperation by contract or otherwise with any one or more states or civil divisions or agencies thereof or the United States or any agency thereof Section 1 04 Corporate limits The

area

described in

Beach Said

Flaglcr 28 Ord No 99 Section 1 05 No

vehicle

Appendix A to this Charter shall constitute the corporate limits of the City Appendix A shall be kept current and on file in the office of the City Clerk 1 99 12 8

driving

on

of

the beach

It shall be unlawful for any person to operate a motor vehicle of any kind other than an emergency on the Atlantic Ocean Beach By a majority vote of the Commission specific groups may be exempted

from this

requirement

if the Commission feels it is in the

publics

interest

Section 1 06 Official seal

The official

City

seal shall continue in its present form and

design

until

changed by

ordinance of the

Conunission

City Amd

of

96 5 11

Section 1 07 Form of government

The

City

of

Flaglcr

Beach shall be

governed by

the

Manager Commission

form of

municipal

government

Amd

of

96 5 11 AKTICLE 11

CITY COMMISSION

terms

Section 2 01 Composition

eligibility

a composed

There shall be

b

Composition

of five 5 Commissioners and

a

and elections

City

one

Commission of six

1 Mayor all elected

6 members by the voters of

the

City

Eligibility

Page

2 of 21

f

Candidates for the Office of City Commissioner

or

Mayor

shall be

in ler Fla Beach and shall have resided within the corporate limits of the City for at least prior to the date of qualification voter

a

registered

one

1 year

Term ofoffice The term of office of any person elected to the City Commission or Mayor at any c general election held in the City shall be for a period ofthree 3 years Terms shall be staggered so that no more

than two Commission seats

unlimited terms and shall

begin

are on

the ballot at any

one

time except for transitional

i

ie ftr t

o

a r

n

terms

with

the next

regularly required the term of regularly scheduled meeting of the at

scheduled meeting following the certified results of the City election When arun offis office of the person clccted at the run offelection will Commission same time

Amd

immediately following

begin

at

the first

the certification of the run offelection results

other members elected that year of 11 96 Ord No 99 5 27 1 99 12Ord No 99 8 35

and will end at the

as

Section 2 02

Compensation

expense

The Mayor and the Commissioners shall receive

an

annual

salary

of 00 000 to be 7

adjusted annually

with the statistical data provided by the S U Department of Labor Statistics but cannot exceed the amount of increase awarded to the non union employees that The salary adjustment shall take

by

the cost of

1 10 99 14

living

effect October 1 2007 and continue every year thereafter Salary increases of more than ten I0 must be approved by a majority of the voters of the City held at the next official election Members of the Commission may receive their actual and necessary expenses incurred in the reimbursement shall be made in accordance with the state law

Amd

of 5 11 9 6 Ord No 99 28

performance

of their duties of office Such

1 99 12 8

Section 2 03 Mayor The Mayor y shall attend all Commission meetings and shall have the right to take part in discussion but may not vote In addition the Mayor shall be recognized as head of the City government for all ceremonial purposes by the governor for purposes of military law for services of process execution of contracts deeds and other documents and

as

the

City

The

entities but shall have

official

designated

to

represent the City in all agreements with other

administrative duties except as required to carry out the responsibilities herein The Chairman of the Commission shall serve as Vice Mayor in the absence or disability of the Mayor and during a vacancy in the office of the Mayor until such vacancy is filled in accordance with this charter

governmental

authority

of veto shall be vested

ordinances and resolutions and the the

City

no

Mayor

solely

in the

possesses

no

Mayor authority

The

s authority of veto extends only to Mayor any other sundry motions or actions of

to veto

Commission

No ordinance

or

resolution shall be effective unless

a

period

whichever

of five working

approved

in

writing by

the Mayor If the Mayor fails

approve said ordinance or resolution the ordinance or resolution shall then become a law In the event of a veto the ordinance or resolution may be passed over said veto provided at least four 4 members of the Commission vote for the adoption of same at the next regular or special meeting

during

comes

Ord No 99 35

days

to

first If the veto is not over ridden at the next

regular

or

special meeting

then the veto stands

1 10 99 14

Page 3 of 21

Section 2 04 General powers and duties All powers of the City shall be vested in the Commission except as otherwise provided by law or this Charter The Commission shall provide for the exercise thereof and for the performance of all duties and

obligations imposed

on

the

City by

law

Section 2 05 Prohibitions

office Except where authorized by law no Commissioner or Mayor shall hold any City employment during the term for which 13e the Mayor or Commissioner was elected to the Commission and no former Commissioner or Mayor shall hold any compensated appointive City office or city employment until one 1 year after the expiration of the term for which 13e the Mayor or Commissioner a

other

was

Holding

office

or

other

city

elected to the Commission

Appointments and removals Neither the Mayor nor the Commissioners shall in any manner appointment or removal of any City administrative officer or employee whom the Manager or any of his subordinates are empowered to appoint but the Commission may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees b

dictate the

c direct

with administration Neither the

Interference City

aemployees who ro

All directives

are

done

solely through

are

subject

to

Mayor

nor

the Commissioners

the direction

the City Manager and neither the

a

can

ofthc City Manager

Mayor nor the Commissioners shall Notwithstanding the above elected job or responsibility pertaining to

orders to any such officer or employee either publicly or privately officials are not prohibited from discussing with any City employee any

give

their job

Ord

description

No 99 35

1 10 99 14

Section 2 06 Vacancies forfeiture of office s the death a Commissioner or Mayor shall become vacant upon i office in authorized law forfeiture of his the office removal from manner or by resignation any nin and such resignation nations shall take place upon the date specified by the individual resi Resit

a

Vacancies The office of

shall be irrevocable

The vacated office shall be considered vacant for election purposes

Forfeiture ofgffice A Commissioner or Mayor shall forfeit his office if he they 1 lacks at any s the term of office any qualification for the office prescribed by this Charter or by law during hi 2 fails to attend three 3 consecutive regular meetings of the Commission without being excused by the Commission 3 is are convicted of a felony or 4 violates any express prohibition of this Charter b

time

or

Ord

state

law

No 99 35

1 10 99 14

Section 2 07 Judge of

qualifications

The Commission shall be the

judge

of the oi office and

qualifications of its members and of the grounds subpoena witnesses administer oaths

for forfeiture of t 3eir the office and for that purpose shall have power to

Page

4 of 21

and

require

the

production

of evidence A member

leis the office shall be entitled to

1 or more newspapers Amd of 11 96 5

of

public hearing

a

general

charged

on

circulation in the

with conduct

constituting grounds for forfeiture of hearing shall be published in one 1 week in advance of the hearing

demand Notice of such

City

at

least

one

Section 2 08 Independent audit The Commission shall

provide for an annual independent audit of all City accounts and may provide for it deems necessary Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest direct or indirect in the fiscal affairs of the City government more

or

frequent audits

as

any of its officers State Law References Annual audits

are

now

S required by F

1 1 45 and 166 241

Section 2 09 Procedure

a

Meetings Yearly the

organizational meetin shall be held

at

the first regularly scheduled commission meeting after certification of

the election results no other

meeting

Section 14 44 of the

Beach Code of Ordinance

Flagler

shall be held in that time space other than At the

an

emergency

yearly Organizational Meeting

as

set

forth in

the Commission

shall elect from among its members a Chairman and Vicc Chairman Furthermore the Commission shall meet regularly at least once in every month at such times and places as the Commission may prescribe by rule Special meetings may be held on the call of the Mayor or of two 2 or more Commissioners with not less than

two72 hours public notice seventy

or

the current law All

meetings

shall be

public

unless

precluded by

state

law

Rules undr record The Commission shall b provide for keeping a jel record of its proceedings

and shall

determine its

own

rules and order of business

consistent with the state laws and

regulations

Voting Voting except on procedural motions shall be by roll call and the ayes and nays shall be aurnal record Three 3 members of the Commission excluding the Mayor shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner prescribed by and subject to the penalties n Y of the rules of the Commission No action of the Commission except as otherwise provided in the preceding sentence s shall be valid or binding unless adopted by the affirmative vote of three 3 or more members of the Commission 96 Ord No 99 5 28 1 99 12 Ord No 99 8 35 1 10 Amd of 11 99 14 c

recorded in the

c n

Section 2 10 Action

requiring

Resolutions ordinances

Ordinances and resolutions shall be introduced in the Commission only in written form All a ordinances except ordinances making appropriations and ordinances codifying or rearranging existing ordinances shall be confined to one 1 subject which shall be clearly expressed in the title Ordinances making

appropriations

shall be confined to the

Code of Ordinances shall contain

a

subject

of

appropriation

Each ordinance that is to be included in the

section within the ordinance that

a

specifies the

ordinance be included in the Code

Page 5 of 21

Every ordinance except as hereinafter stated after passage on first reading by the title thereof shall be published by such title at least once together with the notice of the time and place when and where it will be given a public hearing and be considered for final passage Such publication shall be at least one 1 week prior to the time set for the hearing At the time and place so advertised or at any time and place to which such hearing shall from time to time he adjourned such ordinance may be read in full and shall be made available for reading after such reading all persons interested shall be given an opportunity to be heard After such hearing the Commission may finally pass such ordinance with or without amendment except that if it shall make an amendment which constitutes a change in substance it shall not finally pass the ordinance until it shall have caused the amended sections to be published at least once together with a notice of time and place when and where such amended ordinance will be further considered which publication shall be at least three 3 days prior to the time stated At the time so advertised or at any time and place to which such meeting shall be adjourned the amended ordinance shall be read by title and a public hearing thereon shall be held and after such hearing the governing body may finally pass such amended ordinance or again amend it subject to the same conditions The second passage of any ordinance pursuant to this Charter shall be final and no further passage shall be required After such tnal passage every ordinance shall be posted on the bulletin board in City Hall for two

2

weeks and

posted electronically The ayes and el record of j

nays shall be taken upon the passage of all ordinances the proceedings of the City Commission

and resolutions and entered upon the

b

In addition to other acts

ordinance those

1

Adopt or

2

3

of the

acts

or

City

amend

required by

law

Commission shall be

an

administrative code

or

by or

by specific provision

by

establish alter

or

abolish any

City department

office

agency

Provide for

a

other

penalty

Levy

taxes

levied

tine is

or

other

penalty

or

establish

a

rule

or

regulation

for violation of which

a

fine

or

imposed

and fees except as otherwise provided in Article V with respect to the property tax of the budget

by adoption

4

Grant

5

Regulate

6

Authorize the

7

Convey

8

Adopt

9

Amend

renew or

extend

the rate

or

or

or

franchise

charged

borrowing

lease

with

a

or

for its services

by

a

public utility

of money

authorize the conveyance

or

without amendment ordinances

lease of any lands of the

proposed

Emergency Reference meeting Florida State Beach Code of Ordinances section 14 44

Statute

City

under the initiative power and

repeal any ordinance previously adopted except repeal of ordinances reconsidered under the

with respect to

10

of this Charter to be done

ordinance which

as

otherwise

provided

in Article VIII

referendum power

b1991 3 041 166

and

City ofFlagler

Page

6 of 21

Acts other than those referred to in the

Ord

No 99 28

preceding

section may be executed either

by

ordinance

or

by

resolution

1 99 12 8

Section 2 11 Codes of technical

regulations

The Commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance The procedure and requirements governing such an adopting ordinance shall be as

prescribed for ordinances 28 Ord No 99 1 99 12 8 Section 2 12 Authentication and

Authenticution and

a in full in

a

properly

indexed book

recording codification printing her signature and recording The City Clerk shall authenticate by his kept for the purpose all ordinances and resolutions adopted by the

record

Commission

b

Codifzcation

and printing

of Ordinances

and Charter Amendments Each quarter the City Clerk City ordinances specified for inclusion in the Code

shall submit for codification and inclusion in the Code all and each amendment to this Charter These

updates

shall be

published at the earliest possible time on electronic published yearly in substantially the same style as the Code currently in effect and shall be suitable in form for integration therein This compilation shall be known and cited officially as the Flagler Beach City Code Copies of the Code shall be furnished to City Officers placed in libraries and public offices for free public reference All documents will be sold to the public at the cost established by state law 28 1 99 Ord No 99 12 8 media and the Internet if available Printed media shall be

ARTICLE III

CITY MANAGER

Section 3 01 Appointment

qualifications compensation

The Commission shall

the Managers compensation appoint a City Manager for a designated term and fix Manager shall be appointed solely on the basis of leis the Managers executive and administrative s the Managers qualifications FFe The Manager need not be a resident of the City or State at the time of 13i appointment but must reside within the City while in office within ninety 90 days following appointment by The City

the Commission establish

a

Under special circumstances the Commission

residence within the Citv limits by

a

maiority

vote

shall

have the

ability to

extend the time to

of the Commission

Section 3 02 Removal

The Commission may remove the City Manager by a majority vote of Upon demand by the City Manager a public hearing shall be held

Commissioners City

r

prior

the full to

a

vote to

remove

the

Manager

Section 3 03

Acting City Manager

Page

7 of 21

By letter filed with the City Clerk the City Manager shall designate a qualified City Administrative Oftcer to exercise the powers and perform the duties of City s the Manager Manager during hi s temporary absence or disability During such absence or disability the Commission may revoke such designation at any time and appoint another officer of the City to serve until City Manager shall return

Section

04 Powers and duties of the 3

the

City Manager

fhe City Manager shall be the Chief Administrative Officer of the City e The City Manager shall be to the Commission for the administration of all City affairs placed in his the Manager charge by or

responsible

under this Charter Ie The

1

City Manager

shall have the

following

powers and duties

Appoint and when Ise the manager deems it necessary for the good of the City suspend all City employees provided for by or under this Charter except as otherwise provided by law this Charter or personnel rules adopted pursuant to this Charter or remove

2

11Direct and h e

City except 3

supervise the administration of all departments provided by this Charier or by law

right

to

1See that all laws l enforcement

by

supervision

are

unless otherwise excused

meetings

provisions of this Charter and acts s by officers subject to 13i

by

the

s manager

subject

T1 Submit to the Commission and make available to the

responsible

for and submit

an

annual

finances and administrative activities of the

City

budget

as

public

a

complete report

Keep

the Commission

fully

advised

as

to

as are

specified

the

operations of supervision

the financial condition and future needs of the

and make recommendations to the Commission

milPerform such other duties

on

of the end of each fiscal year

1Make such other reports as the Corncnission may require concerning the a City departments offices and agencies subject to Isis the manager s direction and

City

to

direction and

faithfully executed

6

8

of the

the Commission and shall

of the Commission

the manager or

nBe T

9

agencies

take part in discussion but may not vote

5

7

offices and

otherwise

R Attend all Commission Trz have the

4

as

concerning

the affairs of the

in this Charter

or

may be

City

required by

the

Commission

ARTICLE IV

ADMINISTRATIVE DEPARTMENTS OFFICES AND AGENCIES

Page 8 of 21

Section 4 01 General

provisions

Creation

ofdepartments The Commission may establish City departments offices or agencies by this Charter and may prescribe the functions of all departments offices and agencies except that no function assigned by this Charier to a particular department office or agency may be discontinued or unless this Charter specifically so provides assigned to any other a

in

addition to those created

by C Manager All departments offices and agencies under the direction and ftoer employee appointed by and subject to the Manager shall be administered by an e direction and supervision of the City Manager The City Manager may serve as the head of one 1 or more such departments offices or agencies or may appoint one 1 person as the head of two 2 or more of them b supervision

Direction

of the City

Section 4 02 City

Attorney

There shall be

1e The Attorney shall serve as Chief City Attorney appointed by the Commission I Manager and all City departments offices and agencies shall represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance or by resolution If a conflict of interest occurs the City Attorney may appoint additional attorneys assist in representing the City with approval of the Commission

Legal

a

Adviser to the Commission the City

to

ARTICLE V

FINANCIAL PROCEllURES

Section 5 01 Submission of

budget

and

budget

message

No later than ten Afifteen 15 days after receipt of the last Certification of Taxable Value from the Property Appraisers offices the Cily Manager shall submit to the Commission a budget and an accompanying message for the ensuing year Section 5 02

Budget

message

The City Manager s message shall explain the budget both in fiscal terms and in terms of the work programs It shall outline the proposed financial policies of the City for the ensuing fiscal year describe the important features of the budget indicate any major changes from the current year in financial policies

expenditures

and

revenues

include such other material

Section 5 03

The

Budget

budget

together as

with the

the City

reasons

Manager

for such

changes

summarize the

s City

debt

position

and

deems necessary

contents form

shall

provide

a

complete

financial

plan

of all

City

funds and activities for the

ensuing

fiscal

year and except as required by law or this Charter shall be in such form as the C Manager deems necessary or the Commission may require In organizing the budget the City Manager shall utilize the most feasible combination of expenditure classification by fund organization unit program purpose or activity and object It shall

summary

the

begin with a clear general proposed property tax levy

and all

of its contents shall show in detail all estimated income

proposed expenditures including

debt service for the

indicating ensuing fiscal

Page 9 of 21

year and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year It shall indicate in

separate sections

Proposed expenditures for current operations during the ensuing fiscal year detailed by offices departments and agencies in terms of their respective work programs and the method of financing such expenditures

a

Proposed capital expenditures during the ensuing fiscal year detailed by offices departments agencies when practicable and the proposed method of financing each such capital expenditure and

b

and

Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the City and the proposed method of its disposition subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the budget

c

The total of

proposed expenditures

shall not exceed the total of estimated income and

prior

year

surpluses

if

any Section 5 04 Commission action

a

Notice and

circulation in the

1

City

budget

hearing The stating

Commission shall

publish

in

one or more

newspapers of

general

notice

The times and

public 2

a

on

places

where

copies

of the message and

budget

are

available for

inspection by

the

and

The time and

place

after such

publication

for

a

public hearing

on

the

budget

before adoption After the public hearing the Commission may adopt the budget amending the budget it may add or increase programs or amounts and may delete or decrease any programs or amount except expenditures required by law or for debt service or for estimated cash deficit provided that no amendment to the budget shall increase the authorised expenditures to an amount greater than the total of estimated income and prior year surpluses if any b

with

or

Amendment

without amendment In

Adoption The Commission shall adopt the budget on or before the 30th day of September budget shall constitute appropriations of the amount specified therein as expenditures from indicated and shall constitute a levy of the property tax therein proposed c

Adoption funds

of the

the

Section 5 05 Public records

a

places

in the

The

budget

as

adopted

shall be

public

record and shall be made available to the

public

at

suitable

City

b

Page 10 of 21

a i

t riser u

Section 5 06 Amendments after

City records shall be kept in accordance with

state

law

adoption

Supplemental appropriations If during the fiscal year the City Manager certifies that there appropriation revenues in excess of those estimated in the budget the Commission may make supplemental appropriations for the year up to the amount of such excess a

are

available for

Emergency appropriations

b

To meet

a

public

peace the Commission may make emergency Ordinance Section 14 44 Reduction

c

Manager report

to

taken

by

that the

If at any time during the fiscal year it appears probable to the C available will be insufficient to meet the amount appropriated he the Manager shall

ofappropriations

revenues

the Commission without him the

Manager

no

reduce

one or more

delay indicating

the estimated amount of the deficit any remedial action as to any other steps to be taken The Commission shall

and his the recommendations

then take such further action may

public emergency affecting life health property or the appropriation Reference City of Plagler Beach Code of

as

it deems necessary to prevent

or

minimize any deficit and for that purpose it

appropriations

Limitations effective date No appropriation for debt d appropriation inay be reduced below any amount required by law

amount

service may be reduced or transferred and to be appropriated or by more than the

of the unencumbered balance thereof

Section 5 07

Lapse

of

appropriations

Every appropriation except

an

appropriation

for

a

capital expenditure

shall

lapse

at

the close of the

fiscal year to the extent that it has not been expended or encumbered An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned the purpose of any such appropriation shall be deemed abandoned if disbursement from or encumbrance of the appropriation

additional fiscal year passes without any

one

Section 5 08 Administration of budget

a office

Work programs and allotments At such time

as

the City

Manager

shall

specify

each

department

appropriation by

shall submit work programs for the ensuing tscal year showing the requested allotments of its periods within the year The City Manager shall review and authorize such allotments with or

without revision

as

or

agency

early

as

possible

in the fiscal year

T

Such allotments may be revised

deemed necessary and shall be revised in accord with any year if s 06 emergency reduced or transferred appropriations made pursuant to Section 5

during supplemental

the

Payments and obligations prohibited No payment shall be made or obligation incurred against any or appropriation except in accordance with appropriations duly made Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and payment is illegal such action may be cause for removal of any employee who knowingly authorized or made such payment or incurred such obligation I4e The Manager may also be liable to the City for any amount so paid b

allotment

c

c

c r ccrcvT c v a i o 7 xxxcacii crxc irc c a i

Page

1 1 of 21

c

Payments for

Capital

Contracts and

improvements

Charter shall be construed to prevent the makine improvements to be financed wholly or

or

or

Except where prohibited by law nothinu in this

authorizing of

payments

partly by the issuance of bonds

or

or

making of contracts for capital the making of any contract

to prevent

lease providing for payments beyond the end of the fiscal year provided that such action is made

or

approved

by the Commission

Cross References

318 2 06

Purchasing Code

ARTICLE VI

PLANNING AND ZONING

Section 0 6 1 Zoning state law

adopted

For the purpose of promoting health safety and the general welfare of the community in the regulation and restriction of the height number of stories and size of buildings and other structures the percentage of lot that may be occupied the size of yards courts and other open spaces the density of population and the location and use of buildings structures land and water the provisions of the City of Flagler Beach Ordinance 81 1 as may be amended are hereby Buildings within the City of described within the Land

Amd

of

adopted and shall constitute a part Flagler Beach shall be limited to a Development Regulations

of this Charier

as

if set out in full herein

maximum height of

five 35 thirty

feet

as

06 7 3

Cross References

Zoning Appendix

A

to

the Code of Ordinances

ARTICLE VII

ELECTIONSx

Editors Note Ord No

35 adopted Oct 14 1999 and ratified on Nov 9 1999 amended Art VII in its entirety as herein 99 amendment Art VII contained similar subject matter and was derived from Ord No 92 33 ratified Nov 3 1992 amendment enacted Nov 5 1996 and Ord No 99 27 adopted Aug 12 1999

set out an

Prior

to

this

Section 7 01

Nonpartisan

elections

Elections for the office of

regard

for

designation

of

City

Commission

political party

or

Mayor

shall be conducted

on a

nonpartisan

basis without

affiliation

Section 7 02 Qualifying

a Candidate

At the first Commission

qualifying

shall

begin

at

Meeting

00 a 9 m the

in

January following

the Mayor shall read the election business

day

proclamation

and continue for the next

five

Page

12 of 21

business

days except

the City Commission

signatures prior

to

when

presidential preference primary occurs the qualifying period shall he sct by qualify using the petition process must collect the required 095 F S qualifying period in accordance with Section 99 a

Any candidate wishing to

the

Candidates for the Office of

b

City

Commissioner

Beach and shall have resided within the corporate limits of the

or Mayor City for at

shall be least

registered

a

one

voter

1 year prior

to

in

Flagler

the date of

qualification

Clerk

To be considered qualified for the election c during regular business hours at City Hall 1 h P

1

r

t 1 7 r

1

71 1

L

candidates shall appear in person before the

f

1 r

r rl F

1 L C

1 a tllt c

fee n 1 u t pa to tZable be

r

L 1 JX11

F 1r1

L 7

an

amount

equal to six percent 6 1 of the annual

seeks election pay 1 S 99 F 093 pay

other fees

any

as

of the annual

set

For any

d

No 99 35

Section 7 03

special

as

necessity

elected in the

state

person

election assessment pursuant to

City

Commission shall set the

or

by law

resolution

qualifying period by

of vacancies

In the event

only

one

of

being voted upon general election

b

salary of the position for the

required by the Citv Clerk the Supervisor of Elections

election the

1

02 such candidate shall be deemed 7 the

aualification

1 10 99 14

Filling

a

nay a

salary of the position to which said

by law and

fill out aualification material

Ord

7

l1

a lt

produce the original notice of obtaining ballot position pursuant to Section 99 095 or fee in

City

to

candidate

qualifies

for

a

seat

during

the

period

established

have voted for himself herself and shall be declared

and shall

assume

office at the

same

time and in the

as

by

Section

elected without

same manner as

those

In the event two 2 or

more candidates qualify for a seat during the period established by prior to the election there is a vacancy in candidacy caused by death withdrawal or removal of a qualified candidate which leaves only one 1 candidate for a seat such remaining

Section 7 02 and from the ballot

candidate shall be deemed to have voted for himself herself and shall be declared

necessity of being voted the general election

upon and shall

assume

office at the

same

time in the

as

elected without the

same manner as

those elected at

In the event there is a complete vacancy in candidacy for a seat due either to no candidates c qualifying therefore or to the death withdrawal or removal from the ballot of all qualified candidates or if a duly elected candidate shall die or be disqualified prior to taking office the provisions of d shall be followed

d

rm r

Any

vacancy Commission she which shall

by

after the vacancy has occurred Commission h T is new

meeting

in the Office of the Mayor shall be filled by the City qualified successor at the second regular Commission vote of the remaining members of the by unanimous rnajarit F Mayor shall serve until the next municipal election whereby the

resolution choose

a

Page 13 of 21

voters

shall elect

a

r

Mayor

Any vacancy resolution choose

a

on

qualified

to

serve

the

remaining unexpired

the City Commission shall be filled

successor at

occurred by unanimous vote of the

the second

remaining

regular

In the event that

Governor shall anDOint

an

members of the Commission This

a

a

by

after the vacancy Commissioner shall

new

Commissioner to

maiority of the members of the Commission

interim Commission that shall call

cl The term of office for these 7A5 No 99 35

Ord

meeting

serve

serve

the remaining

of that seat

term

f

the City Commission which shall

Commission

until the next municix alelection whereby the voters shall elect

unexpired

by

of that seat

term

e

a

are

special election

lected officials shall be the

same as

as

removed from office the

provided for in Section

those for the offices vacated

1 10 99 14

Section 7 04 Form of ballots

The

a

ballot first and in

in

of all candidates for the office of

alphabetical

The names b alphabetical order

Mayor

shall be

placed

on

the

municipal

election

order

of all candidates for Commissioner shall be

A Charter amendment to be voted

c of

names

on

shall be

placed

presented

for

upon

the

voting by

municipal

election ballot

ballot title The ballot title

may differ from its legal title and shall be a clear concise statement describing the substance of the measure without argument or prejudice Below the ballot title shall appear the following question Shall the described amendment above s be adopted Immediately below such question shall appear in the following a measure

for Approval and No for Rejection with sufficient space thereafter order the words Yes

to

indicate the

s choice voter No

Ord

35 99

I10 99 14

Section 7 05 Schedule and notice of elections

first

a Monday

Generul Election The

general

in March of each year except if shall be held on that Tuesday The candidates winner

Since terms for Elected officials

are

election for the

City shall be held on the first Tuesday after the presidential preference primary occurs nrsh the election receiving the highest number of votes shall be declared the a

ered sta

so

that

no more

than two Commission seats

ballot at any one time the Mayor and one Commissioner shall be placed on the ballot in Commissioners in the next year and two commissioners in the followin year r r

r

a

Commission Members

general

presently holding

office All notice

one

year

are on

f

Nothing herein shall alter the requirements as set forth in d

r

terms

shall

the

two

of

apply

to

the

election

b

Run

off

In the event of

a

tie vote for any seat in the

general

election

or

special election

a run

Page

off

14 of 21

election of the tied candidates shall be held for that seat notice

requirements

as

set

forth in

d

shall

apply

to

as

run

no

later than the 35th

off elections

atter the election All

day

In the event the run offelection ends in

a

tie state statute shall apply

a

he City Commission by resolution shall fix c Special election 1 special election All notice requirements as set forth in d shall also apply

the date and to

special

qualifying period

for

elections

Notices At least thirty 30 days notice exclusive of the day of publication and the day of d election shall be given for all elections held pursuant to this Charter The notice shall be given by publication in a newspaper of general circulation in the City of Flagler Beach and made once in the fifth week and once in the a third week prior to the week in which the election or referendum is to be held notices shall be provided as by state law

Ord

No 99 35

1 10 99 14 ARTICLE VIII

INITIATIVE

AND REFERENDUM

Section 8 01 Initiative

Initiative

The

City shall have power to propose ordinances to the Commission adopt or reject an ordinance within 90 days se as proposed without any change in substance the voters shall to adopt or reject it at a City election provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money levy of taxes or salaries of City officers or employees or any other ordinance where governmental approval is required qualified

voters

of the

ands If the Commission fails to consider

Referendum The qualified voters of the City shall have power to require reconsideration by the Commission of any adopted ordinance and If the Conunission fails to reconsider or repeal an ordinance it at z requested for reconsideration by the voters the voters may repeal sp recceide r

City election as indicated in Section or capital program or any emergency or

any other ordinance where

provided that ordinance or ordinance relating governmental approval is required

Section 8 02 Commencement of

02 through 8 8 07

r

a

such power shall not extend to the budget to appropriation of money or levy of taxes

proceedings petitioners committee

affidavit

a Any five 5 qualified voters may originate initiative or referendum proceedings by filing with City Clerk an affidavit stating they will constitute the petitioners committee and be responsible for circulating the petition and filing it in proper forni stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered the

b Promptly after the affidavit of the petitioners committee is filed the Clerk or other official the Commission will at the committee s request issue the appropriate petition blanks to the designated by s expense petitioners committee at the committee Section 8 03 Petitions

Page 15 of 21

Number ofsignatures Initiative and referendum petitions must be signed by qualified voters of a City equal in number to at least ten percent 10 of the total number of qualified voters registered to vote the last regular City election

the at

Form and content All papers of

b

executed in ink shall be followed

Registration

number

or

a

petition

shall be uniform in size and

style

and shall be

the residential address of the person signing and have the Voter s date of birth Petitions shall contain or have attached thereto throughout their circulation

the full text of the ordinance

by

proposed

or

sought

to

be reconsidered

Affidavit ofcirculator Each paper of a petition shall contain when filed an affidavit executed by personally circulated the paper the number of signatures thereon that all the signatures were affixed in his presence that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered c

the circulator thereof stating that he

after

Time for filing referendum petitions Referendum petitions must be filed within thirty 30 days d 99 1 99 adoption by the Commission of the ordinance sought to be reconsidered Ord No 28 12 8

Section 8 04 Procedure after

filing

Certificate of Clerk amendment A petition that meets all the requirements as specified shall be Within twenty 20 days after the petition is filed the City Clerk shall complete a certificate as to its suftciency specifying if it is insuftcient the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners con rnittee by certified mail A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners committee files a notice of intention to amend it with the Clerk within two 2 days after receiving the copy of this certificate and files a with additional papers within ten 10 days after receiving the copy of such supplementary petition certificate Such supplementary petition shall comply with the requirements of subsections b and c of Section 8 03 and within five days after it is filed the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners committee by certified mail as in the case of an original petition If a petition or amended petition is certified sufficient or if a petition or amended petition is certified insufficient and petitioners committee does not elect to amend or request Commission review under subsection b of this section within the time required the Clerk shall promptly a

deemed sufficient

present this certificate

sufficiency

of the

b

to

the Commission and the certificate shall then be

a

final determination

to

as

the

petition

Commission review If

a

petition

does not file notice of intention to amend it

has been certified insufficient and the

if

petitioners

cormmittee

petition has been certified insufficient the committee may within two 2 days after receiving the copy of such certificate file a written request that it be reviewed by the Commission The Commission shall review the certificate at its next meeting following the filing

or

an

amended

of such request and approve or disapprove it and the Commission s determination shall then be as to the sufficiency of the petition

a

final

determination

c

subject

Court revieN

to court

new

petition A final determination

review A final determination of

insufficiency

as

to

even

the

sufficiency

of

a

petition

shall be

if sustained upon court review shall not

Page

16 of 21

prejudice

the

filing

of

a new

Section 8 05 Referendum

When

suspended

a

initiative

petition

for the

petitions suspension

same

purpose

of effect of ordinance

referendum

Such

petition is filed with the City Clerk suspension shall terminate when

1

There is

2

The

3

The Commission

4

Thirty 30 days

a

final determination of

petitioners

insufficiency

committee withdraws the

repeals have

the ordinance

after

elapsed

a

the ordinance

of the

petition

petition

sought

to

be reconsidered shall be

or

or

or

the vote of the

City

on

the ordinance which

was

proposed

to

be reconsidered

Section 8 06 Action

Action

a

on

petitions

by

Commission

When

an

initiative

or

referendum

petition

has been

finally

sufficient the Commission shall promptly consider the proposed initiative ordinance in the Article II

or

reconsider the r d ordinance that has been referred

by voting

fails to

determined

provided in repeal if the Commission within ooninety 90 days manner

its

adopt a proposed initiative ordinance without any change in substance a r 30days the ordinance which has been referred th repeal within thirty after the date the petition was finally determined sufficient it shall submit the proposed ordinance or the ordinance that has been referred e ina to the voters of the City or

fails to

inn

a

Szrbmission to voters The vote of the

b

City

been referred eshall be held not Tess later than

on a

the

proposed

ordinance

inn

date of the final Commission vote thereon The vote will be held at the

same

time

as

or

the ordinance that has

one 1 year from the regular election except date within the prescribed

the

that the Commission may in its discretion provide for a special election at an earlier of the proposed ordinance or the ordinance that has been referred eshall be made

period Copies

available at the

polls and published at least thirty 30 days prior to the election in a newspaper of general community All notice requirements as set forth in Section d 05 shall also apply to this 7

circulation in the section

ofpetitions An initiative or referendum petition may be withdrawn at any time prior 15th day preceding the day scheduled for final ballot changes by filing with the City Clerk a request for withdrawal signed by at least four members of the petitioners committee Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated A public notice shall be placed in a newspaper of general circulation notifying voters that the petition has been withdrawn and no vote will be taken on the initiative or referendum Ord No 99 28 1 99 12 8 c

to

Withdrawal

the fifteenth

Section 8 07 Results of election

a

Initiative If

a

majority

of the

qualified electors voting

on a

proposed

initiative ordinance vote in

Page 17 of 21

its

favor

it shall be considered

respects in the ordinances are

same manner as

approved

at

the

upon certification of the election results and shall be treated in all ordinances of the same kind adopted by the Commission If conflicting

adopted same

elections the

one

receiving

the greatest number of affirniative votes shall

prevail Referendum If a majority of the qualified electors voting repealed upon certification of the election results

b

on a

referred ordinance vote

against it

it shall be considered

ARTICLE IX

GENERAL PROVISIONS

Section 9 01 Charter amendment

a

Proposal

1

In the

2

By

of amendment Amendments to this Charter may be framed and

manner

or

ordinance of the Commission

effective upon

adoption

the voters of the

3

By

4

By report

of

a

containing

the full text of the

proposed

amendment and

or

Ciiy

or

Charter Commission created

by

ordinance

by the voters of the City shall be by petition containing the full text of the proposed governed by the same procedures and requirements prescribed in Article VIII for initiative petitions until such time as a final deterniination as to the sufficiency of the petition is made except that there shall be no limitation as to subject matter and that the petition must be signed by qualified voters of the City equal in number to at least fifteen percent 15 of the total number of qualified electors registered to vote at the last regular City election The petitioners committee may withdraw the petition at any time before the fifteenth 15th day immediately preceding the day scheduled for final ballot chap res zr A public notice shall be placed in a newspaper of general circulation notifying voters that the petition has been withdrawn and no vote will be taken on the petition Proposal

of

provided by law

proposed

an

amendment

amendment and shall be

Upon delivery to the City election authorities of the report of a Charter Commission or an adopted ordinance or a petition finally determined sufficient proposing an amendment pursuant to subsection a the election authorities shall submit the proposed amendment to the voters of the City at an election Such election shall be announced by a notice containing the complete text of the proposed amendment and published in one or more newspapers of general circulation in the City at least thirty 30 days prior to the date of the election The vote of the City nn a proposed ordinance or an ordinance which has been referred shall be held not less than thirty 30 days and not later than one year from the date of the final Commission vote thereon The vote will be held at the same time as the regular election except that the Commission may iat its discretion provide for a special election at an earlier date within the nee shall be i prescribed period Copies of the proposed ordinance or an ordinance which has been referred erd made available at the polls and published at least thirty 30 days prior to the election in a newspaper of general b delivery by

Election

the

City

Clerk of

Page

18 of 21

circulation in the

Eby city

All notice

requirements

as

set

forth in Section

05shall 7 d

also

apply

this

to

section

c Approval of amendments if a majority of the qualified voters of the City voting proposed Charter amendment vote in favor of it the amendment shall become effective at the time fixed amendment or if no time is therein fixed 30 days after its approval by the voters 28 Ord No 99 12 8 99 State Law References P S that it is

supplemental

to

upon a in the

166 1991 provides the procedure for Charter amendments Subsection 3 thereof provides 031 relating to the amendment of municipal Charters

all other laws

Section 9 02 Charter Review Commission

a

The

City

Commission shall establish

than March 1997 and shall thereafter

convene

a

Charter Review Commission which shall

convene

no

later

within ten year intervals of the prior adoption of the voters

The Charter Review Commission shall consist of seven 7 unpaid members from the City of b Flagler Beach electors who are not elected officials or employees of the City One 1 member to be appointed by each of the City Commissioners and the Mayor and one 1 member appointed by a majority vote of the appointees to serve a term of but not limited to one 1 review period A vacancy in the Charter c vote of the remaining members majority 35 1 10 Ord No 99 99 74

Review Commission shall be filled

by appointment

of

a successor

by

a

of the Charter Review Commission

Section 9 03 Severability If any provision of this Charter is held invalid the other provisions of the Charter shall not be affected thereby If the application of the Charter or any of its provisions to any person or circumstance is held invalid the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby ARTICLE X

TRANSITIONAL PROVISIONS

Section 10 01 Officers and

affect

employees

Rights and privileges preserved Nothing in this Charter except impair the rights or privileges of persons who are City officers

or

as or

otherwise

specifically provided shall employees at the time of its adoption

Section 02 10 Departments offices and agencies

a

All

departments

oftces and

agencies by

in existence at the time this Charter is

in full force and effect unless otherwise abolished

the

City

adopted

shall remain

Commission

b Property and records All property records and equipment of any department office or agency existing when this Charter is adopted shall be transferred to the department office or agency assuming its powers and duties but in the event that the powers

or

duties

are

to

be discontinued

or

divided between units

Page

or

19 of 21

in the event that any conflict arises regarding a transfer such property records or equipment shall be transferred to one or more departments offices or agencies designated by the Commission in accordance with this Charter 03 Pending matters Section 10 All

rights claims actions orders

contracts

and

legal

or

administrative

proceedings

shall continue

modified pursuant to the provisions of this Charter and in each case shall be maintained carried except dealt with by the City department office or agency appropriate under this Charter as

Section 10 04 State and

municipal

on or

laws

City ordinances resolutions orders and regulations are in full force and effect when this Charter becomes fully effective All City ordinances resolutions orders and regulations are repealed to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto To the extent that the constitution and laws of the State of Florida pernlit all laws relating to or affecting this City or its agencies officers or employees which are in force when this Charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto All

Section 10 05 Schedule

budget

a

At the time of its

b

Existing budgets

adoption

this Charter and any amendments shall become law a

a t

in effect at the time of

this Charier shall remain in effect until the end of the fiscal year in which this Charter is

Expenditures and commitments of funds against budgeted amounts shall prescribed prior to the adoption of this Charter until the end of the fiscal year in At that time the procedure as outlined in Article V of this Charter shall apply Budgetary allocations as are necessary to carry out changes provided 06 herein contingency accounts or as provided in Section 5 No 28 99 1 Ord 12 8 99

adoption adopted

be affected in the

of

manner

which this Charter is

adopted

in this Charter may be made from

current

Section 10 06 Transitional terms of office

In March 2009

ler Beach shall elect the electors of the City of Fla

They shall elect

two

receiving

the

City Commissioners

highest

amount

who shall be designated

of votes shall be designated

as

a as

2012 yearterm 2009 Mayor for athree Seat 1 and Seat 4

Seat 1 and shall

serve

The candidate

for three years 2009 2012

Page 20 of 21

The candidate term

of two

receiving

years

the second

2011 2009

highest amount

Should

any

In March 2010 the electors of the City of

tie

or

Flagler

of votes shall be dcsi natcd as Seat 4 and shall

unopposed

as

Seat 2

state statute

a

term

of three

years

serve

for

a

shall apply

Beach shall elect three Commissioners

receives the highest number of votes shall be elected for

designated

race occur

The candidate that

2013 and shall be 2010

The candidate that receives the second highest amount of votes shall be clectcd for

a

term

of three years 2010 2013 and shall be designated as Seat 3 The candidate that receives the third highest amount of votes shall be elected for a term of one year 2010 201 1 and shall be designated as Seat 5 In

March 201 1 the electors of the

previously designated 2014

Ord

as

City

Seat 4 and 5

of ler Fla Beach shall elect two Commissioners whose seats Both Commissioners shall be elected for

a

term

were

of three years 201 1

This concludes the transitional terms

No 99 35

1 10 99 14

Section 10 07 Charter

adoption

09 1and Article 7 of the 1992 Charter Upon adoption of this Charter Article 1 Article 2 Sections 2 repealed and replaced as adopted November 5 1996 Furthermore the following changes were made in 1999 Article 1 Sections 1 01 and 1 02 and 2 04 Article 2 Sections 2 02 1 9Article 6 Section 6 01 Article 8 Section 8 03 and 8 05 and 10 06 06 Article 9 Section 9 01 and Article 10 Sections 10 06 and 2 01 2 03 2 05 2 09 Additionally the following amendments were made Article 2 Section 2 06 and 10 07 Add to this Article 7 Sections 7 02 Article 10 Sections 10 05 1Article 9 Section 9 section the appropriate documentation for changes as they are made 96 Ord No 99 5 27 1 99 12 Ord No 99 8 28 1 99 12 Ord No 99 8 35 1 10 Amd of 11 99 14 are

Page

21 of 21