_h1389_

HB 1389

1	A bill to be entitled
2	An act relating to Osceola County; creating the Town of
3	Celebration; providing for a council-manager government;
4	providing boundaries; providing council powers and duties;
5	providing for a mayor and deputy mayor; providing for
6	compensation; providing for vacancies; providing for
7	meetings; providing for a town manager; providing for
8	appointment; providing powers and duties; providing for
9	departments; providing for a town clerk and town attorney;
10	providing for a budget message; providing for a budget;
11	providing for appropriation and revenue ordinances;
12	providing for amendments to the budget; providing for
13	oversight of the budget; providing for an independent
14	audit; providing for elections; providing for initial
15	elections; providing for charter review and amendment;
16	providing for transition; providing for state-shared
17	revenue; providing for gas tax revenue; providing for
18	shared revenues; requiring a referendum; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Preamble.--We the people of the Town of
24	Celebration, under the constitution and laws of the State of
25	Florida, in order to secure the benefits of local self-
26	government and to provide for an honest and accountable council-
27	manager government, do hereby adopt this charter and confer upon
28	the town the following powers, subject to the following
29	restrictions and prescribed by the following procedures and
30	governmental structure. By this action, we secure the benefits
31	of home rule and affirm the values of representative democracy,
32	professional management, strong political leadership, citizen
33	participation, and regional cooperation.
34	Section 2. Creation; powers of the town; form of
35	government; corporate boundaries.--
36	(1) CREATION.--The Town of Celebration is hereby created
37	and established.
38	(2) POWERS OF THE TOWN.--The town shall have all powers
39	possible for a town to have under the constitution and laws of
40	the state as fully and completely as though they were
41	specifically enumerated in this charter.
42	(3) CONSTRUCTION.--The powers of the town under this
43	charter shall be construed liberally in favor of the town, and
44	the specific mention of particular powers in the charter shall
45	not be construed as limiting in any way the general power
46	granted in this section.
47	(4) FORM OF GOVERNMENT.--The town shall have a council-
48	council-manager form of government as defined in sections 3 and
49	4.
50	(5) CORPORATE BOUNDARIES.--The boundaries are as follows:
51
52	PARCEL A
53
54	A parcel of land lying in Sections 8 and 9, Township
55	25 South, Range 28 East, Osceola County, Florida, and
56	being more particularly described as follows:
57
58	Commence at the Northeast corner of said Section 8,
59	run along the East line of the Northeast 1/4 of said
60	Section, S 00°12'23"E, 132.00 feet to a point on the
61	Southerly right-of-way line of U.S. 192; thence run
62	along said right-of-way N 89°47'42" E, 269.87 feet, to
63	a point of intersection with Northwesterly right-of-
64	way line of the proposed Southern Connector Extension,
65	departing said U.S. 192 run along said Southern
66	Connector Extension the following five courses, said
67	point being a point on a curve concaved Northwesterly
68	having a radius of 6350.30 feet, and a central angle
69	of 04°49'13", thence from a tangent bearing of S
70	43°08'17" W run Southwesterly along the arc of said
71	curve, 534.26 feet; to a point on a non-tangent curve
72	concaved Northwesterly having a radius of 4489.87
73	feet, and a central angle of 10°09'47", thence from a
74	tangent bearing of S 50°33'11" W run Southwesterly
75	along the arc of said curve, 796.41 feet; thence S
76	60°42'58" W, 898.49 feet, to a point of curvature of a
77	curve concaved Northerly having a radius of 622.23
78	feet, and a central angle of 18°21'17", thence run
79	Westerly along the arc of said curve, 199.33 feet; to
80	a point of compound curvature of a curve concaved
81	Northeasterly having a radius of 100.00 feet, and a
82	central angle of 115°39'09", thence run Northwesterly
83	along the arc of said curve, 201.86 feet; to a point
84	on the Easterly right-of-way line of the proposed U.S.
85	192 Connector Road departing said Southern Connector
86	Extension run along said Connector Road the following
87	four courses; said point being a point of compound
88	curvature of a curve concaved Easterly having a radius
89	of 556.65 feet, and a central angle of 35°25'35",
90	thence run Northerly along the arc of said curve,
91	344.19 feet; thence N 50°09'02" E, 636.05 feet, to a
92	point of curvature of a curve concaved Northwesterly
93	having a radius of 716.65 feet, and a central angle of
94	40°11'19", thence run Northeasterly along the arc of
95	said curve 502.68 feet; to a point of reverse
96	curvature of a curve concaved Southeasterly having a
97	radius of 100.00 feet, and a central angle of
98	79°58'26", thence run Northeasterly along the arc of
99	said curve, 139.58 feet to a point on the aforesaid
100	U.S. 192 right-of-way; thence departing said Connector
101	Road run along said U.S. 192 N 89°45'45" E, 838.90
102	feet, to the Point of Beginning, containing 24.261
103	acres more or less.
104
105	together with
106
107	PARCEL B
108
109	A parcel of land lying in section 8, Township 25
110	South, Range 28 East, Osceola County, Florida, and
111	being more particularly described as follows:
112
113	Commence at the Northwest corner of said Section 8,
114	run along the West line of the Northwest 1/4 of said
115	Section, S 00°18'17" E, 299.30 feet; thence N
116	90°00'00" E, 168.61 feet a point of intersection with
117	the Northerly right-of-way line of U.S. 192 and the
118	Point of Beginning; thence run along said U.S. 192 the
119	following five courses N 69°14'08" E, 104.92 feet, to
120	a point of curvature of a curve concaved Southerly
121	having a radius of 1342.40 feet, and a central angle
122	of 19°21'25", thence run Easterly along the arc of
123	said curve, 453.52 feet; thence N 88°35'33" E, 600.08
124	feet; thence N 83°15'36" E, 300.22 feet; thence N
125	89°45'46" E, 2467.49 feet, to a point on the Westerly
126	right-of-way line of the proposed U.S. 192 Connector
127	Road thence departing said U.S. 192 run along said
128	Connector Road the following five courses; said point
129	being a point of curvature of a curve concaved
130	Southwesterly having a radius of 100.00 feet, and a
131	central angle of 108°25'21", thence run Southeasterly
132	along the arc of said curve, 189.22 feet; to a point
133	of compound curvature of a curve concaved
134	Northwesterly having a radius of 556.65 feet, and a
135	central angle of 31°57'56", thence run Southwesterly
136	along the arc of said curve, 310.56 feet; thence S
137	50°09'02" W, 636.05 feet, to a point of curvature of a
138	curve concaved Southeasterly having a radius of 716.65
139	feet, and a central angle of 31°31'50", thence run
140	Southwesterly along the arc of said curve, 394.38
141	feet; thence S 18°37'09" W, 331.74 feet to a point of
142	intersection with the Northerly right-of-way line of
143	the proposed Southern Connector Extension; thence
144	departing said Connector Road run along said Southern
145	Connector Extension then following two courses S
146	68°44'39" W, 1371.33 feet; to a point on a non-tangent
147	curve concaved Northerly having a radius of 6350.30
148	feet, and a central angle of 01°22'23", thence from a
149	tangent bearing of S 81°04'17" W run Westerly along
150	the arc of said curve, l52.17 feet to a point or
151	intersection with the Easterly boundary line of Reedy
152	Creek Improvement District Canal C-2; thence departing
153	said Southern Connector Extension run along said Canal
154	C-2 the following two courses N 37°11'45" W, 1295.83
155	feet; thence N 47°43'15" W, 1086.16 feet, to the Point
156	of Beginning, containing 104.687 acres more or less.
157
158	together with
159
160	PARCEL C
161
162	A parcel of land lying in Sections 7 and 8, Township
163	25 South, Range 28 East, Osceola County, Florida, and
164	being more particularly described as follows:
165
166	Commence at the Northwest corner of said Section 8,
167	run along the West line of the Northwest 1/4 of said
168	Section, S 00°18'17" E, 363.10 feet to a point of
169	intersection with the Easterly right-of-way line of
170	Interstate No. 4, and the Point of Beginning; thence N
171	69°14'08" E, 11.68 feet along said Interstate No. 4,
172	to a point of intersection with the Westerly boundary
173	of Reedy Creek Improvement District Canal C-2; thence
174	departing said Interstate No.4 run along said Canal C-
175	2 the following two courses S 47°43'15" E, 1148.63
176	feet; thence S 37°11'45" E, 1193.92 feet, to a point
177	of intersection with the Northerly right-of-way line
178	of the proposed Southern Connector Extension; thence
179	departing said canal C-2 run along said Southern
180	Connector Extension the following nine courses S
181	86°42'40" W, 597.64 feet; thence S 89°24'29" W, 932.68
182	feet; thence N 85°49'42" W, 240.84 feet; thence N
183	40°23'51" W, 78.11 feet; thence S 89°24'29" W, 385.02
184	feet; thence S 55°43'05" W, 144.23 feet; thence S
185	89°24'29" W, 1060.05 feet; thence N 89°43'29" W,
186	1103.81 feet to a point of intersection with the
187	aforesaid Interstate No. 4; thence departing said
188	Southern Connector Extension run along said Interstate
189	No. 4 the following four courses N 39°57'15" E, 756.26
190	feet; thence N 44°44'08" E, 340.31 feet; to a point of
191	curvature at a curve concave Southeasterly having a
192	radius at 1342.44, a central angle of 24°30'00",
193	thence run Northeasterly along the arc of said curve,
194	574.04 feet; thence N 69°14'08" E, 1820.94 feet, to
195	the Point of Beginning, containing 109.154 acres more
196	or less.
197
198	PARCEL D
199
200	A parcel of land lying in sections 13, 23 and 24,
201	Township 25 South, Range 27 East, and Sections 7, 8,
202	9, 17, 18, 19, 20 and 30, Township 25 South, Range 28
203	East, Osceola County, Florida, and being more
204	particularly described as follows:
205
206	Commence at the Northwest corner of said Section 9,
207	run along the North line of the Northwest 1/4 of said
208	Section, N 89°47'42" E, 622.86 feet; thence S
209	00°12'18" E, 132.00 feet, to a point of intersection
210	with the Westerly boundary line of Reedy Creek
211	Improvement District Canal C-l and the Southerly
212	right-of-way line of U.S. 192 said point being a point
213	of curvature of a curve concaved Easterly having a
214	radius at 450.00 feet, and a central angle or
215	09°36'29", thence run Southerly along the arc of said
216	curve, 75.46 feet to a point of intersection with the
217	Southerly and easterly right-of-way line of the
218	proposed Southern Connector Extension and the Point of
219	Beginning; thence run along said Canal C-1 the
220	following seven courses; continue along said arc
221	concaved Northeasterly having a radius of 450.00 feet,
222	and a central angle of 50°15'51", thence run
223	Southeasterly along the arc of said curve, 394.77
224	feet; thence S 60°04'38" E, 118.30 feet, to a point of
225	curvature of a curve concaved Southwesterly having a
226	radius of 150.00 feet, and a central angle of
227	60°00'00", thence run Southeasterly along the arc of
228	said curve, 157.08 feet; thence N 89°55'22" E, 40.00
229	feet; thence S 00°04'25" E, 2369.91 feet; thence N
230	89°56'33" E, 50.00 feet; thence S 00°03'27" E, 200.00
231	feet to the end of said Canal C-l and the beginning of
232	Reedy Creek Improvement District Levee D-6; thence run
233	along said Levee D-6 S 00°03'27" E, 670.55 feet;
234	thence departing said Levee D-6 run S 47°23'03" W,
235	1794.78 feet; thence N 75°57'54" W, 2061.55 feet;
236	thence S 53°52'46" W, 4747.05 feet; thence S 13°19'33"
237	13°19'33" E, 1235.00 feet; thence S 57°29'14" E, 837.
238	E, 1235.00 feet; thence S 57°29'14" E, 837.20 feet;
239	thence S 26°03'58" E, 3172.66 feet; thence S 45°00'05"
240	45°00'05" E, 707.11 feet; thence S 09°55'30" W, 2030
241	E, 707.11 feet; thence S 09°55'30" W, 2030.39 feet;
242	thence N 65°37'30" W, 1163.91 feet; thence N 44°47'06"
243	44°47'06" W, 1831.04 feet; thence S 48°53'12" W, 715.
244	W, 1831.04 feet; thence S 48°53'12" W, 715.92 feet;
245	thence N 65°37'30" W, 341.01 feet; thence N 26°33'59"
246	26°33'59" W, 2124.26 feet; thence S 68°44'53" W, 965.
247	W, 2124.26 feet; thence S 68°44'53" W, 965.66 feet;
248	thence S 16°54'23" E, 5330.34 feet; thence S 50°31'34"
249	50°31'34" W, 1101.14 feet; thence N 41°38'06" W, 4214
250	W, 1101.14 feet; thence N 41°38'06" W, 4214.56 feet;
251	thence N 18°02'08" W, 2261.08 feet; thence S 89°59'55"
252	89°59'55" W, 1650.00 feet; thence S 00°00'05" E, 1224
253	W, 1650.00 feet; thence S 00°00'05" E, 1224.24 feet;
254	thence S 35°39'14" W, 1200.88 feet; thence S 89°59'55"
255	89°59'55" W, 1800.00 feet; thence N 34°46'45" W, 1157
256	W, 1800.00 feet; thence N 34°46'45" W, 1157.70 feet;
257	thence N 27°43'20" W, 492.90 feet; thence N 01°09'30"
258	01°09'30" W, 124.30 feet; thence N 50°54'37" W, 282.
259	W, 124.30 feet; thence N 50°54'37" W, 282.74 feet;
260	thence S 59°21'14" W, 36.00 feet; thence N 38°52'34"
261	38°52'34" W, 156.01 feet to a point of
262	intersection with the Easterly right-of-way line of
263	Interstate No. 4; thence run along said Interstate No.
264	4 N 39°57'15" E, 502.67 feet to a point on Easterly
265	right-of-way line of the proposed World Drive
266	Interchange; thence departing said Interstate No.4 run
267	along said World Drive Interchange the following
268	nineteen courses N 43°58'16" E, 1918.88 feet, to a
269	point of curvature of a curve concaved Southerly
270	having a radius of 622.20 feet, and a central angle of
271	73°46'51", thence run Easterly along the arc of said
272	curve, 801.22 feet; to a point of compound curvature
273	of a curve concaved Southwesterly having a radius of
274	2406.00 feet, and a central angle of 15°39'47", thence
275	run Southeasterly along the arc of said curve, 657.74
276	feet; to a point of compound curvature of a curve
277	concaved Southwesterly having a radius of 3677.72
278	feet, and a central angle of 09°13'42", thence run
279	Southeasterly along the arc of said curve, 592.35
280	feet; thence S 37°21'24" E, 115.64 feet; thence N
281	52"38'36" E, 295.00 feet; thence N 37°21'24" W, 290.29
282	feet; thence N 33°58'57" W, 295.13 feet, to a point of
283	curvature of a curve concaved Easterly having a radius
284	of 724.51 feet, and a central angle of 32°07'30",
285	thence run Northerly along the arc of said curve,
286	406.22 feet; thence N 01°51'30" W, 914.66 feet, to a
287	point of curvature of a curve concaved Easterly having
288	a radius of 1433.89 feet, and a central angle of
289	30°54'28", thence run Northerly along the arc of said
290	curve, 773.50 feet; thence N 31°08'22" E, 714.42 feet;
291	thence N 32°17'03" E, 68.88 feet; to a point of
292	curvature of a curve concaved Southeasterly having a
293	radius of 4489.66 feet, and a central angle of
294	06°27'44", thence run Northeasterly along the arc of
295	said curve, 506.37 feet; thence N 38°44'50" E, 91.15
296	feet; thence N 51°13'07" W, 15.63 feet; thence N
297	39°57'15" E, 399.78 feet, to a point of curvature of a
298	curve concaved Southeasterly having a radius of
299	17028.73 feet, and a central angle of 05°21'16",
300	thence run Northeasterly along the arc of said curve,
301	1591.38 feet; to a point of reverse curvature of a
302	curve concave Northwesterly having a radius of
303	17348.73 feet, and a central angle of 00°22'04",
304	thence run Northeasterly along the arc of said curve,
305	111.39 feet; thence N 45°03'33" W, 10.00 feet, to a
306	point on the Easterly right-of-way line of Interstate
307	No. 4, said point being a point on a non-tangent curve
308	concaved Northwesterly having a radius of 17338.73
309	feet, and a central angle of 04°36'49", thence
310	departing said Interchange from a tangent bearing of N
311	44°56'27" E run Northeasterly along the arc of said
312	curve and right-of-way, 1396.13 feet to a point on
313	Easterly right-of-way line of the proposed Southern
314	Connector Extension; thence departing said Interstate
315	No.4 run along said Southern Connector Extension the
316	following nine courses S 50°00'13" E, 12.29 feet;
317	thence N 39°59'48" E, 2244.32 feet, to a point of
318	curvature of a curve concaved Southeasterly having a
319	radius of 2197.93 feet, and a central angle of
320	43°25'21", thence run Northeasterly along the arc of
321	said curve, 1665.74 feet; thence N 89°24'29" E,
322	1915.79 feet; thence S 62°28'51" E, 74.28 feet; thence
323	N 86°04'11" E, 601.05 feet; thence N 89°24'29" E,
324	572.66 feet, to a point of curvature of a curve
325	concaved Northerly having a radius of 6650.31 feet;
326	and a central angle of 03°04'40", thence run Easterly
327	along the arc of said curve, 357.24 feet; to a point
328	on a non-tangent curve concaved Northerly having a
329	radius of 9094.42 feet, and a central angle of
330	02°56'22", thence from a tangent bearing of N
331	89°1l'23" E run Easterly along the arc of said curve,
332	466.56 feet to a point of intersection with the
333	Westerly boundary of Reedy Creek Improvement District
334	Canal C-2; thence run along said canal S 37°11'45" E,
335	509.35 feet to the end of said canal; thence N
336	52°48'15" E, 150.00 feet to the Easterly boundary of
337	said canal; thence run along said Easterly boundary N
338	37°11'45" W, 412.37 feet, to a point of intersection
339	with the aforesaid Southern Connector Extension
340	departing said canal run along said Southern Connector
341	Extension the following three courses, said point
342	being a point on a non-tangent curve concaved
343	Northerly having a radius of 9094.42 feet, and a
344	central angle of 03°12'54", thence from a tangent
345	bearing of N 85°07'30" E run Easterly along the arc of
346	said curve, 510.31 feet; thence N 81"54'37" E, 565.99
347	feet, to a point of curvature of a curve concaved
348	Southwesterly having a radius of 75.00 feet, and a
349	central angle of 112°31'25", thence run Southeasterly
350	along the arc of said curve, 147.30 feet, to a point
351	on the Westerly right-at-way line of the U.S. 192
352	Connector Road; thence departing said Southern
353	Connector Extension run along said Connector Road the
354	following two courses, said point being a point of
355	compound curvature of a curve concaved Northwesterly
356	having a radius of 556.65 feet, and a central angle of
357	30°26'07", thence run Southwesterly along the arc of
358	said curve, 295.69 feet; thence S 44°52'16" W, 10.49
359	feet to the Southerly end of said road; thence run
360	along. the Southerly end of said Road S 45°07'52" E,
361	160.00 feet to the Easterly right-of-way line of said
362	Road; thence run along the Easterly right-of-way line
363	of said Road the following three courses N 44°52'13"
364	44°52'13" E, 10.49 feet, to a point of curvature
365	of a curve concaved Northwesterly having a radius of
366	716.65 feet, and a central angle of 18°53'36", thence
367	run Northeasterly along the arc of said curve, 236.32
368	feet; thence N 25°58'34" E, 296.65 feet, to a point of
369	intersection with the Southerly right-of-way line of
370	the aforesaid Southern Connector Extension; thence
371	departing said Connector Road run along the Southern
372	Connector Extension the following five courses N
373	70°57'59" E, 236.52 feet, to a point of curvature of a
374	curve concaved Northwesterly having a radius of
375	1048.98 feet, and a central angle of 21°44'30", thence
376	run Northeasterly along the arc of said curve, 398.05
377	feet; thence N 49°13'29" E, 1704.39 feet, to a point
378	of curvature of a curve concaved Northwesterly having
379	a radius of 5823.85 feet, and a central angle of
380	06°17'07", thence run Northeasterly along the arc of
381	said curve, 638.86 feet; thence N 44°45'37" E, 313.38
382	feet, to the Point of Beginning, containing 2568.687
383	acres more or less.
384
385	Section 3. Town council.--
386	(1) GENERAL POWERS AND DUTIES.--All powers of the town
387	shall be vested in the town council, except as otherwise
388	provided by law or this charter, and the council shall provide
389	for the exercise thereof and for the performance of all duties
390	and obligations imposed on the town by law.
391	(2) COMPOSITION; TERM OF OFFICE; ELECTION.--There shall be
392	a town council composed of four members elected by the voters of
393	the town at large for 4-year terms of office and one mayor
394	elected separately by the voters of the town for a 4-year term
395	of office in accordance with section 7.
396	(3) QUALIFICATIONS FOR ELECTED OFFICIALS AND
397	CANDIDATES.--The mayor, council members, and candidates for town
398	council shall be registered voters who have resided in the town
399	for at least 1 year immediately prior to the date on which they
400	qualify for office and must maintain residency and voter
401	registration during their entire term of office.
402	(4) MAYOR.--The mayor shall be a voting member of the town
403	council and shall attend and preside at meetings of the council,
404	represent the town in intergovernmental relationships, present
405	an annual state of the town message, and perform other duties
406	specified by the council. The mayor shall be recognized as head
407	of the town government for all ceremonial purposes and by the
408	Governor for purposes of military law but shall have no
409	administrative duties.
410	(5) DEPUTY MAYOR.--At the first regular meeting after the
411	swearing in of new council members, the council shall elect from
412	among its members a deputy mayor who shall serve for a period of
413	2 years. The deputy mayor shall act as mayor during the absence
414	or disability of the mayor.
415	(6) VACANCIES; FORFEITURE OF OFFICE; FILLING OF
416	VACANCIES.--
417	(a) Vacancies.--The office of a council member or mayor
418	shall become vacant upon the member's death, resignation,
419	removal from office, or forfeiture of office in any manner
420	authorized by law.
421	(b) Forfeiture of office.--The mayor or a council member
422	shall forfeit that office if the council member or mayor:
423	1. Fails to meet the residency requirements;
424	2. Violates any express prohibition of this charter;
425	3. Is convicted of a crime involving moral turpitude; or
426	4. Fails to physically attend three consecutive regular
427	meetings of the council without being excused by the council.
428	(c) Filling of vacancies.--A vacancy in the town council
429	shall be filled for the remainder of the unexpired term, if any,
430	at the next regular election. If the next regular election
431	occurs within 60 days after the vacancy occurred, the seat will
432	remain vacant until filled by a vote of the electors. If the
433	election occurs more than 60 days after the date the vacancy
434	occurred, the town council, by a majority vote of all its
435	remaining members, shall appoint a qualified person to fill the
436	vacancy until the election occurs. If the council fails to
437	appoint such person within 30 days after the occurrence of the
438	vacancy, the town clerk shall call a special election to fill
439	the vacancy. This election shall be held not later than 90 days
440	after the occurrence of the vacancy and will be governed by law.
441	Notwithstanding any quorum requirements established herein, if
442	at any time the membership of the council is reduced to fewer
443	than three members, the remaining members may, by unanimous
444	vote, appoint additional members to raise the membership to a
445	minimum of three.
446	(d) Extraordinary vacancies.--In the event that all
447	council members are removed by death, disability, resignation,
448	or forfeiture of office, or any combination thereof, the
449	Governor shall appoint interim council members who shall call a
450	special election within not fewer than 30 days or more than 60
451	days after such appointment. Such election shall be held in the
452	same manner as the initial elections under this charter.
453	Appointees must meet all requirements for candidates as provided
454	in this charter.
455	(7) JUDGE OF QUALIFICATIONS.--The town council shall be
456	the judge of the election and qualifications of its members and
457	of the grounds for forfeiture of their offices. In order to
458	exercise these powers, the council shall have power to subpoena
459	witnesses, administer oaths, and require the production of
460	evidence. A member charged by the council with conduct
461	constituting grounds for forfeiture of office shall be entitled
462	to a public hearing on demand, and notice of such hearing shall
463	be published in one or more newspapers of general circulation in
464	the town at least 1 week in advance of the hearing.
465	(8) COMPENSATION AND EXPENSES.--
466	(a) The council may determine the annual salary of the
467	mayor and council members by ordinance, but no ordinance
468	increasing such salary shall become effective until the date of
469	commencement of the new terms of each council member.
470	(b) The mayor and council members shall receive
471	reimbursement for council-approved expenses in accordance with
472	applicable law, or as may be otherwise provided by ordinance,
473	for authorized travel and per diem expenses incurred in the
474	performance of their official duties.
475	(9) PROHIBITIONS.--
476	(a) Holding other office.--
477	1. Except as authorized by law, no council member shall
478	hold any other elected public office during the term for which
479	the member was elected to the council. No council member shall
480	hold any other city office or employment during the term for
481	which the member was elected to the council. No former council
482	member shall hold any compensated appointive office or
483	employment with the city until 1 year after the expiration of
484	the term for which the member was elected to the council, unless
485	granted a waiver by a super majority vote of the total council.
486	2. Nothing in this subsection shall be construed to
487	prohibit the council from selecting any current or former
488	council member to represent the town on the governing board of
489	any regional or other intergovernmental agency.
490	(b) Appointments and removals.--Neither the town council
491	nor any of its members shall in any manner control or demand the
492	appointment or removal of any town administrative officer or
493	employee whom the town manager or any subordinate of the town
494	manager is empowered to appoint, but the council may express its
495	views and fully and freely discuss with the town manager
496	anything pertaining to appointment and removal of such officers
497	and employees.
498	(c) Interference with administration.--Except for the
499	purpose of inquiries and investigations under subsection (10),
500	the council or its members shall deal with town officers and
501	employees who are subject to the direction and supervision of
502	the town manager solely through the town manager, and neither
503	the council nor its members shall give orders to any such
504	officer or employee, either publicly or privately.
505	(10) INVESTIGATIONS.--The council may make investigations
506	into the affairs of the town and the conduct of any town
507	department, office, or agency and for this purpose may subpoena
508	witnesses, administer oaths, take testimony, and require the
509	production of evidence.
510	(11) MEETINGS.--
511	(a) Regular meetings.--The council shall conduct regular
512	meetings at such times and places as the council shall prescribe
513	by resolution. Such meetings shall be public meetings within the
514	meaning of state law and shall be subject to notice and other
515	requirements of law applicable to public meetings.
516	(b) Special meetings.--Special meetings may be held upon
517	the call of the mayor or of two or more council members and,
518	whenever feasible, upon no less that 48 hours' notice to each
519	member and to the public.
520	(c) Rules.--The council shall determine its own rules and
521	order of business.
522	Section 4. Town manager.--
523	(1) APPOINTMENT, QUALIFICATIONS, COMPENSATION.--The town
524	council, by a majority vote of its total membership, shall
525	appoint a town manager for an indefinite term and fix the
526	manager's compensation.
527	(2) REMOVAL.--If the town manager declines to resign at
528	the request of the town council, the town council may suspend
529	the manager by a resolution approved by the majority of the
530	total membership of the town council. Such resolution shall set
531	forth the reasons for suspension and proposed removal. A copy of
532	such resolution shall be served immediately upon the town
533	manager. The town manager shall have 15 days to reply in writing
534	and, upon request, shall be afforded a public hearing, which
535	shall occur not earlier than 10 days nor later than 15 days
536	after such hearing is requested. After the public hearing, if
537	one is requested, and after full consideration, the town council
538	by a majority vote of its total membership may adopt a final
539	resolution of removal. The town manager shall continue to
540	receive full salary until the effective date of a final
541	resolution of removal.
542	(3) ACTING TOWN MANAGER.--By letter filed with the town
543	clerk, the town manager shall designate a town officer or
544	employee to exercise the powers and perform the duties of town
545	manager during the manager's temporary absence or disability;
546	the town council may revoke such designation at any time and
547	appoint another officer of the town to serve until the manager
548	returns.
549	(4) POWERS AND DUTIES OF THE TOWN MANAGER.--The town
550	manager shall be the chief executive officer of the town and
551	responsible to the council for the management of all town
552	affairs placed in the manager's charge by or under this charter.
553	The town manager shall:
554	(a) Appoint and suspend or remove all town employees and
555	appointive administrative officers provided for, by, or under
556	this charter, except as otherwise provided by law, this charter,
557	or personnel rules adopted pursuant to this charter. The town
558	manager may authorize any administrative officer subject to the
559	manager's direction and supervision to exercise these powers
560	with respect to subordinates in that officer's department,
561	office, or agency.
562	(b) Direct and supervise the administration of all
563	departments, offices, and agencies of the town, except as
564	otherwise provided by this charter or by law.
565	(c) Attend all town council meetings. The town manager
566	shall have the right to take part in discussion but shall not
567	vote.
568	(d) See that all laws, provisions of this charter, and
569	acts of the town council, subject to enforcement by the town
570	manager or by officers subject to the manager's direction and
571	supervision, are faithfully executed.
572	(e) Prepare and submit the annual budget and capital
573	program to the town council and implement the final budget
574	approved by the council to achieve the goals of the town.
575	(f) Submit to the town council and make available to the
576	public a complete report on the finances and administrative
577	activities of the town as of the end of each fiscal year.
578	(g) Make such other reports as the town council may
579	require concerning operations.
580	(h) Keep the town council fully advised as to the
581	financial condition and future needs of the town.
582	(i) Make recommendations to the town council concerning
583	the affairs of the town and facilitate the work of the town
584	council in developing policy.
585	(j) Provide staff support services for the mayor and
586	council members.
587	(k) Assist the council to develop long-term goals for the
588	town and strategies to implement these goals.
589	(l) Encourage and provide staff support for regional and
590	intergovernmental cooperation.
591	(m) Promote partnerships among council, staff, and
592	citizens in developing public policy and building a sense of
593	community.
594	(n) Perform such other duties as are specified in this
595	charter or may be required by the town council.
596	Section 5. Departments, offices, and agencies.--
597	(1) GENERAL PROVISIONS.--
598	(a) Creation of departments.--The town council may
599	establish town departments, offices, or agencies in addition to
600	those created by this charter and may prescribe the functions of
601	all departments, offices, and agencies. No function assigned by
602	this charter to a particular department, office, or agency may
603	be discontinued or, unless this charter specifically so
604	provides, assigned to any other.
605	(b) Direction of town manager.--All departments, offices,
606	and agencies under the direction and supervision of the town
607	manager shall be administered by an officer appointed by and
608	subject to the direction of the manager. With the consent of
609	council, the town manager may serve as the head of one or more
610	such departments, offices, or agencies or may appoint one person
611	as the head of two or more of them.
612	(2) TOWN CLERK.--The town manager shall appoint and remove
613	an officer of the town who shall have the title of town clerk.
614	The town clerk shall give notice of council meetings to its
615	members and the public, keep the journal of its proceedings,
616	serve as the election official, and perform such other duties as
617	are assigned by this charter, by the town manager, or by state
618	law.
619	(3) TOWN ATTORNEY.--The town council shall appoint and
620	remove from office an attorney who is a member in good standing
621	of The Florida Bar. The town attorney shall serve as chief legal
622	adviser to the council, the manager, and all town departments,
623	offices, and agencies; shall represent the town in legal
624	proceedings; and shall perform any other duties prescribed by
625	state law, by this charter, by the town council, or by
626	ordinance.
627	Section 6. Financial management.--
628	(1) FISCAL YEAR.--The fiscal year of the town shall begin
629	on the first day of October and end on the last day of
630	September.
631	(2) SUBMISSION OF BUDGET AND BUDGET MESSAGE.--On or before
632	the first day of August of each year, the town manager shall
633	submit to the town council a budget for the ensuing year and an
634	accompanying message.
635	(3) BUDGET MESSAGE.--The town manager's message shall
636	explain the budget both in fiscal terms and in terms of the work
637	programs, linking those programs to organizational goals and
638	community priorities. It shall outline the proposed financial
639	policies of the town for the ensuing fiscal year and the impact
640	of those policies on future years. It shall describe the
641	important features of the budget; indicate any major changes
642	from the current year in financial policies, expenditures, and
643	revenues together with the reasons for such changes; summarize
644	the town's debt position, including factors affecting the
645	ability to raise resources through debt issues; and include such
646	other material as the town manager deems desirable.
647	(4) BUDGET.--The budget shall provide a complete financial
648	plan of all town funds and activities for the ensuing fiscal
649	year and, except as required by law or this charter, shall be in
650	such form as the town manager deems desirable or the town
651	council may require for effective management and an
652	understanding of the relationship between the budget and the
653	town's strategic goals. The budget shall begin with a clear
654	general summary of its contents; shall show in detail all
655	estimated income, indicating the proposed property tax levy, and
656	all proposed expenditures, including debt service, for the
657	ensuing fiscal year; and shall be so arranged as to show
658	comparative figures for actual income and expenditures of the
659	preceding fiscal year. It shall indicate in separate sections:
660	(a) The proposed goals and expenditures for current
661	operations during the ensuing fiscal year, detailed for each
662	fund by department or by other organizational unit, and program,
663	purpose, or activity; method of financing such expenditures; and
664	methods to measure outcomes and performance related to the
665	goals.
666	(b) Proposed longer-term goals and capital expenditures
667	during the ensuing fiscal year, detailed for each fund by
668	department or by other organization unit when practicable, the
669	proposed method of financing each such capital expenditure, and
670	methods to measure outcomes and performance related to the
671	goals.
672	(c) The proposed goals, anticipated income and expense,
673	profit and loss for the ensuing year for each utility or other
674	enterprise fund or internal service fund operated by the city,
675	and methods to measure outcomes and performance related to the
676	goals. For any fund, the total of proposed expenditures shall
677	not exceed the total of estimated income plus carried forward
678	fund balance exclusive of reserves.
679	(5) TOWN COUNCIL ACTION ON THE BUDGET.--
680	(a) Notice and hearing.--The town council shall publish
681	the general summary of the budget and a notice stating:
682	1. The times and places where copies of the message and
683	budget are available for inspection by the public.
684	2. The time and place, not less than 2 weeks after such
685	publication, for public hearings on the budget.
686	(b) Amendment before adoption.--After the public hearing,
687	the town council may adopt the budget with or without amendment.
688	In amending the budget, the council may add or increase programs
689	or amounts and may delete or decrease any programs or amounts
690	except expenditures required by law or for debt service or for
691	an estimated cash deficit, provided that no amendment to the
692	budget shall increase the authorized expenditures to an amount
693	greater than total estimated income.
694	(c) Adoption.--The town council shall adopt the budget on
695	or before the last day of the month of September of the fiscal
696	year currently ending. If it fails to adopt the budget by this
697	date, the budget proposed by the town manager shall go into
698	effect.
699	(d) "Publish" defined.--As used in this section, the term
700	"publish" means to print in accordance with state law.
701	(6) APPROPRIATION AND REVENUE ORDINANCES.--To implement
702	the adopted budget, the town council shall adopt, prior to the
703	beginning of the fiscal year:
704	(a) An appropriation ordinance making appropriations by
705	department, fund, service, strategy, or other organizational
706	unit and authorizing an allocation for each program or activity;
707	(b) A tax levy ordinance authorizing the property tax levy
708	or levies and setting the tax rate or rates; and
709	(c) Any other ordinances required to authorize new
710	revenues or to amend the rates or other features of existing
711	taxes or other revenue sources.
712	(7) AMENDMENTS AFTER ADOPTION.--
713	(a) Supplemental appropriations.--If, during or before the
714	fiscal year, the town manager certifies that there are available
715	for appropriation revenues in excess of those estimated in the
716	budget, the town council by ordinance may make supplemental
717	appropriations for the year up to the amount of such excess.
718	(b) Emergency appropriations.--To address a public
719	emergency affecting life, health, property, or the public peace,
720	the town council may make emergency appropriations. To the
721	extent that there are no available unappropriated revenues or a
722	sufficient fund balance to meet such appropriations, the council
723	may by such emergency ordinance authorize the issuance of
724	emergency notes, which may be renewed from time to time, but the
725	emergency notes and renewals of any fiscal year shall be paid or
726	refinanced as long-term debt not later than the last day of the
727	fiscal year next succeeding that in which the emergency
728	appropriation was made.
729	(c) Reduction of appropriations.--If, at any time during
730	the fiscal year, it appears probable to the town manager that
731	the revenues or fund balances available will not be sufficient
732	to finance the expenditures for which appropriations have been
733	authorized, the manager shall report to the town council without
734	delay, indicating the estimated amount of the deficit, any
735	remedial action taken by the manager, and recommendations as to
736	any other steps to be taken. The council shall then take such
737	further action as it deems necessary to prevent or reduce any
738	deficit and for that purpose it may by ordinance reduce or
739	eliminate one or more appropriations.
740	(d) Transfer of appropriations.--At any time during or
741	before the fiscal year, the town council may by resolution
742	transfer part or all of the unencumbered appropriation balance
743	from one department, fund, service, strategy, or organizational
744	unit to the appropriation for other departments or
745	organizational units or a new appropriation. The manager may
746	transfer funds among programs within a department, fund,
747	service, strategy, or organizational unit and shall report such
748	transfers to the council in writing in a timely manner.
749	(e) Limitation; effective date.--No appropriation for debt
750	service may be reduced or transferred, except to the extent that
751	the debt is refinanced and less debt service is required, and no
752	appropriation may be reduced below any amount required by law to
753	be appropriated or by more than the amount of the unencumbered
754	balance thereof. The supplemental and emergency appropriations
755	and reduction or transfer of appropriations authorized by this
756	section may be made effective immediately upon adoption.
757	(8) ADMINISTRATION AND FIDUCIARY OVERSIGHT OF THE
758	BUDGET.--The town council shall provide by ordinance the
759	procedures for administration and fiduciary oversight of the
760	budget.
761	(9) CAPITAL PROGRAM.--The council shall follow state law
762	in the submission and adoption of a capital program.
763	(10) INDEPENDENT AUDIT.--
764	(a) The town council shall provide for an independent
765	annual audit of all town accounts and may provide for more
766	frequent audits as the council deems necessary. An independent
767	certified public accountant or firm of such accountants shall
768	make such audits. Such audits should be performed in accordance
769	with Generally Accepted Auditing Standards (GAAS) and Generally
770	Accepted Governmental Auditing Standards (GAGAS).
771	(b) The council shall, using competitive bidding,
772	designate such accountant or firm annually or for a period not
773	exceeding 5 years, but the designation for any particular fiscal
774	year shall be made no later than 30 days after the beginning of
775	such fiscal year. The standard for independence is that the
776	auditor must be capable of exercising objective and impartial
777	judgment on all issues encompassed within the audit engagement.
778	No accountant or firm may provide any other services to the town
779	during the time it is retained to provide independent audits to
780	the town. The town council may waive this requirement by a
781	majority vote at a public hearing. If the state makes such an
782	audit, the council may accept it as satisfying the requirements
783	of this section.
784	Section 7. Elections.--
785	(1) TOWN ELECTIONS.--
786	(a) Regular elections.--The regular town election shall be
787	held the first Tuesday in November in coordination with state
788	and federal elections, in even-numbered years, every 2 years.
789	(b) Conduct of elections.--All elections of the town and
790	related election activities shall be implemented in accordance
791	with the provisions of state law as set forth in the Florida
792	Election Code. Any conflict between the mandatory provisions of
793	state law and any provision of this charter or an ordinance of
794	the town shall be resolved in favor of the provision of state
795	law.
796	1. To the extent not preempted by state law, the town
797	council may enact ordinances or resolutions, as appropriate,
798	providing for the procedures relating to town elections such as
799	election precincts, polling places, inspectors, clerks,
800	providing notices of the election by publication and other
801	means, the canvassing of returns, the certification of election
802	results, ballots, nominating petitions, and the examination of
803	nominating petitions.
804	2. Whenever practicable and in the best interests of the
805	town, the town council may enter into intergovernmental
806	agreements with the Osceola County Supervisor of Elections to
807	implement the election processes of the town.
808	(2) METHOD OF ELECTING TOWN COUNCIL.--All candidates for
809	town council shall run at large. The names of the candidates
810	shall be shown and listed on the election ballot in alphabetical
811	order of their surnames. The candidates receiving the highest
812	number of votes shall be declared the winners upon certification
813	of the vote. In the event of a tie vote among two or more
814	candidates for town council, such office shall be filled by lot
815	drawn from among the candidates receiving the same number of
816	votes. Such determination by lot shall be made under the
817	direction of the existing town council prior to the election, no
818	later than 7 days after the election. The candidates shall be
819	notified of the time and place of the drawing of lots and have
820	the right to be present.
821	(3) INITIAL ELECTION; TERMS OF OFFICE.--The initial
822	election will be held November 6, 2007, at which time the mayor
823	will be elected for a 1-year term of office. The two candidates
824	for council member receiving the greatest number of votes will
825	be elected to 3-year terms of office. The next two candidates
826	receiving the greatest number of votes will be elected to 1-year
827	terms of office.
828	(4) TAKING OFFICE.--The initial town council shall take
829	office on November 13, 2007, following certification of the
830	election results. Subsequently, newly elected officials shall
831	take office at the next regular council meeting following
832	certification of the election results.
833	(5) INITIATIVE, REFERENDUM, AND RECALL.--
834	(a) Initiative.--The qualified voters of the town shall
835	have the power to propose ordinances to the council and, if the
836	council fails to adopt an ordinance so proposed without any
837	change in substance, to adopt or reject it at a town election,
838	provided that such power shall not extend to the budget or
839	capital program or any emergency ordinance or ordinance relating
840	to appropriation of money, levy of taxes, or salaries of city
841	officers or employees.
842	(b) Referendum.--The qualified voters of the town shall
843	have the power to require reconsideration by the council of any
844	adopted ordinance and, if the council fails to repeal an
845	ordinance so reconsidered, to approve or reject it at a town
846	election, provided that such power shall not extend to the
847	budget or capital program or any emergency ordinance or
848	ordinance relating to appropriation of money, levy of taxes, or
849	salaries of city officers or employees.
850	(c) Recall.--The electors of the town shall have the power
851	to remove from office any elected official of the town in
852	accordance with state law.
853	(6) INITIATIVE AND REFERENDUM PROCEDURES.--
854	(a) Commencement of proceeding; petitioners' committee;
855	affidavit.--Any five registered voters may commence initiative
856	and referendum proceedings by filing with the town clerk an
857	affidavit stating they will constitute the petitioners'
858	committee; they will be responsible for circulating the petition
859	and filing it in proper form, stating their names and addresses
860	and specifying a chairperson, and the address to which all
861	notices to the committee are to be sent; and set out in full the
862	proposed initiative ordinance or citing the ordinance sought to
863	be reconsidered. Promptly after the affidavit of the
864	petitioners' committee is filed, the clerk may, at the
865	committee's request, issue the appropriate petition blanks to
866	the petitioners' committee at the committee's expense.
867	(b) Petitions.--
868	1. Number of signatures.--Initiative or referendum
869	petitions must be signed by at least 20 percent of the total
870	number of qualified registered voters within the town.
871	2. Form and content.--All papers of a petition shall be
872	uniform in size and style and shall be assembled as one
873	instrument for filing. Each signature shall be executed in ink
874	or indelible pencil and shall be followed by the address of the
875	person signing, the date, and his or her voting precinct.
876	Petitions shall contain or have attached thereto throughout
877	their circulation the full text of the ordinance proposed or
878	sought to be reconsidered.
879	3. Affidavit of circulator.--Each paper of a petition
880	shall have attached to it when filed an affidavit executed by
881	the circulator thereof stating that he or she personally
882	circulated the paper, the number of signatures thereon, that all
883	the signatures were affixed in his or her presence, that he or
884	she believes them to be the genuine signatures of the persons
885	whose names they purport to be, and that each signer had an
886	opportunity before signing to read the full text of the
887	ordinance proposed or sought to be reconsidered.
888	4. Time for filing referendum petitions.--Referendum
889	petitions must be filed within 30 days after adoption by the
890	council of the ordinance sought to be reconsidered.
891	(c) Procedure after filing.--
892	1. Certificate of clerk; amendment.--Within 20 days after
893	the initiative petition is filed, the town clerk shall complete
894	a certificate as to its sufficiency, specifying, if it is
895	insufficient, the particulars wherein it is defective and shall
896	promptly send a copy of the certificate to the petitioners'
897	committee by registered mail. A petition certified insufficient
898	for lack of the required number of valid signatures may be
899	amended once if the petitioners' committee files a notice of
900	intention to amend it with the clerk within 2 days after
901	receiving the copy of the certificate and files a supplementary
902	petition with additional papers within 10 days after receiving
903	the copy of such certificate. Such supplementary petition shall
904	comply with the requirements of paragraphs (b)2. and (b)3 of
905	this subsection. Within 5 days after it is filed, the clerk
906	shall complete a certificate as to the sufficiency of the
907	petition as amended and promptly send a copy of such certificate
908	to the petitioners' committee by registered mail as in the case
909	of an original petition. If a petition or amended petition is
910	certified sufficient, or if a petition or amended petition is
911	certified insufficient and the petitioners' committee does not
912	elect to amend or request council review under subsection (2)
913	within the time required, the clerk shall promptly present the
914	certificate to the council, and the certificate shall then be a
915	final determination as to the sufficiency of the petition.
916	2. Council review.--If a petition has been certified
917	insufficient and the petitioners' committee does not file notice
918	of intention to amend it or if an amended petition has been
919	certified insufficient, the committee may, within 2 days after
920	receiving the copy of such certificate, file a request that it
921	be reviewed by the council. The council shall review the
922	certificate at its next meeting following the filing of such
923	request and approve or disapprove it, and the council's
924	determination shall then be a final determination as to the
925	sufficiency of the petition.
926	(d) Referendum petitions; suspension of effect of
927	ordinance.--When a referendum petition is filed with the town
928	clerk, the ordinance sought to be reconsidered shall be
929	suspended from taking effect. Such suspension shall terminate
930	when:
931	1. There is a final determination of insufficiency of the
932	petition;
933	2. The petitioners' committee withdraws the petition;
934	3. The council repeals the ordinance; or
935	4. After a vote of the town on the ordinance has been
936	certified.
937	(e) Action on petitions.--
938	1. Action by council.--When an initiative or referendum
939	petition has been finally determined sufficient, the council
940	shall promptly consider the proposed initiative ordinance in the
941	manner provided by state law or reconsider the referred
942	ordinance by voting its repeal. If the council fails to adopt a
943	proposed initiative ordinance without any change in substance
944	within 60 days or fails to repeal the referred ordinance within
945	30 days after the date the petition was finally determined
946	sufficient, it shall submit the proposed or referred ordinance
947	to the voters of the town.
948	2. Submission to voters of proposed or referred
949	ordinances.--The vote of the town on a proposed or referred
950	ordinance shall be held not fewer than 30 days and not later
951	than 1 year from the date of the final council vote thereon. If
952	no regular town election is to be held within that period, the
953	council shall provide for a special election; otherwise, the
954	vote shall be held at the same time as such regular election,
955	except that the council may, at its discretion, provide for a
956	special election at an earlier date within the prescribed
957	period. Copies of the proposed or referred ordinance shall be
958	made available at the polls.
959	3. Withdrawal of petitions.--An initiative or referendum
960	petition may be withdrawn at any time prior to the 15th day
961	preceding the day scheduled for a vote of the town by filing
962	with the town clerk a request for withdrawal signed by at least
963	two-thirds of the petitioners' committee. Upon the filing of
964	such request, the petition shall have no further force or
965	effect, and all proceedings thereon shall be terminated.
966	(f) Results of election.--
967	1. Initiative.--If a majority of the qualified electors
968	voting on a proposed initiative ordinance vote in its favor, it
969	shall be considered adopted upon certification of the election
970	results and shall be treated in all respects in the same manner
971	as ordinances of the same kind adopted by the council. If
972	conflicting ordinances are approved at the same election, the
973	one receiving the greatest number of affirmative votes shall
974	prevail to the extent of such conflict.
975	2. Referendum.--If a majority of the qualified electors
976	voting on a referred ordinance vote against it, it shall be
977	considered repealed upon certification of the election results.
978	Section 8. Charter review and amendment.--
979	(1) CHARTER REVIEW.--The charter shall be reviewed no
980	later than 3 years from the date the town was established. After
981	the initial review, the charter shall be reviewed no later than
982	every 8 years. The town council shall appoint a citizen advisory
983	committee to review the charter. This committee shall be
984	appointed at least 9 months before the next scheduled election.
985	(2) CHARTER AMENDMENT.--This charter may be amended in
986	accordance with state law.
987	Section 9. Transition.--
988	(1) CREATION AND ESTABLISHMENT OF THE TOWN.--For the
989	purpose of compliance with general law relating to the
990	assessment and collection of ad valorem taxes, the Town of
991	Celebration is hereby created and established effective when
992	approved by the electors at the September 5, 2007, special
993	election and filed with the Secretary of State in the manner
994	prescribed by law.
995	(2) INITIAL ELECTION OF COUNCIL MEMBERS.--The Osceola
996	County Commission shall call a special election for the election
997	of the four council members and the mayor to be held on November
998	6, 2007. The mayor will be elected for a 1-year term of office.
999	The two candidates for council members receiving the greatest
1000	number of votes will be elected to 3-year terms of office. The
1001	next two candidates receiving the greatest number of votes will
1002	be elected to 1-year terms of office.
1003	(3) INITIAL EXPENSES.--The town council, in order to
1004	provide moneys for the expenses and support of the town, shall
1005	have the power to borrow money necessary for the operation of
1006	town government until such time as a budget is adopted and
1007	revenues are raised in accordance with the provisions of this
1008	charter.
1009	(4) TRANSITIONAL ORDINANCES AND RESOLUTIONS.--Until
1010	otherwise modified or replaced by this charter or the council,
1011	all codes, ordinances, and resolutions of Osceola County in
1012	effect on the day of adoption of this charter shall, to the
1013	extent applicable to the town, remain in force and effect as
1014	municipal codes, ordinances, and resolutions of the town. Until
1015	otherwise determined by the council, said codes, ordinances, and
1016	resolutions shall be applied, interpreted, and implemented by
1017	the town in a manner consistent with established policies of
1018	Osceola County on the date of adoption of this charter.
1019	(5) TEMPORARY ORDINANCES AND RESOLUTIONS.--The town
1020	council shall adopt ordinances and resolutions required to
1021	effect the transition. Ordinances adopted within 60 days after
1022	the first regular council meeting may be passed as emergency
1023	ordinances. These transitional ordinances shall be effective for
1024	no longer than 90 days after adoption and thereafter may be
1025	readopted, renewed, or otherwise continued only in the manner
1026	normally prescribed for ordinances.
1027	(6) TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT
1028	REGULATIONS.--
1029	(a) Until such time as the town adopts a comprehensive
1030	plan, the applicable provisions of the Osceola County Future
1031	Land Use Map, the Osceola County Zoning Map, and all other
1032	applicable provisions of the Comprehensive Plan and Land
1033	Development Regulations of Osceola County applicable to the
1034	town, as in existence on the date of incorporation, shall remain
1035	in effect as the town's transitional comprehensive plan and land
1036	development regulations. However, all planning functions,
1037	duties, and authority shall thereafter be vested in the Town
1038	Council of Celebration, which shall be deemed the local planning
1039	agency until the council establishes a separate local planning
1040	agency.
1041	(b) All powers and duties of the Osceola County Planning
1042	Commission, Osceola County Zoning Authority, any board of
1043	adjustment, and the County Commission of Osceola County, as set
1044	forth in these transitional zoning and land use regulations,
1045	shall be vested in the Town Council of Celebration until such
1046	time as the town delegates all or a portion thereof to another
1047	entity.
1048	(c) Subsequent to the passage of this act, no amendment of
1049	the comprehensive plan or land development regulations enacted
1050	by the Osceola County Commission shall be deemed an amendment of
1051	the town's transitional comprehensive plan or land development
1052	regulations or otherwise take effect within the town's corporate
1053	limits unless approved by the town council.
1054	(7) REVENUE SOURCE TRANSITION.--Until otherwise modified
1055	by the council, all municipal taxes and fees, including
1056	communications services taxes, imposed within the town
1057	boundaries by the county as the municipal government for
1058	unincorporated Osceola County, which taxes and fees are in
1059	effect on the date of adoption of this charter, shall continue
1060	at the same rate and under the same conditions as if those taxes
1061	and fees had been adopted and assessed by the town.
1062	(8) CONTINUITY OF SERVICES.--To ensure that there is no
1063	discontinuity in the provision, level, or quality of municipal
1064	service delivery to the proposed town, and until such time as
1065	the town may enter into interlocal agreements with Osceola
1066	County regarding provision of municipal services, all municipal
1067	services currently provided by Osceola County shall continue at
1068	the service levels existing at the time of municipal
1069	incorporation. All federal, state, grant, and other funding
1070	sources existing prior to the time the town is incorporated
1071	shall continue to be applied in the manner and at the level
1072	anticipated and projected by the Osceola County budget prior to
1073	the incorporation of the town. The future cost and level of
1074	municipal services delivery provided to the town by Osceola
1075	County beyond fiscal year 2007-2008 shall be negotiated and
1076	determined through an interlocal agreement between the town and
1077	appropriate representatives of Osceola County.
1078	(9) STATE-SHARED REVENUES.--The town shall be entitled to
1079	participate in all shared revenue programs of the state,
1080	effective immediately on September 5, 2007, the date of
1081	incorporation. The provisions of section 218.23, Florida
1082	Statutes, shall be waived for the purpose of eligibility to
1083	receive revenue-sharing funds from the date of incorporation
1084	through the end of state fiscal year 2009-2010. The provisions
1085	of section 218.26(3), Florida Statutes, shall be waived through
1086	state fiscal year 2009-2010, and the apportionment factors for
1087	the municipalities and counties shall be recalculated pursuant
1088	to section 218.245, Florida Statutes. The initial population
1089	estimates for calculating eligibility for shared revenues shall
1090	be determined by the University of Florida Bureau of Economic
1091	and Business Research as of the effective date of this charter.
1092	Should the bureau be unable to provide an appropriate population
1093	estimate, the initial population at the level of 6,606 as
1094	projected in the incorporation feasibility study shall be used.
1095	For the purpose of qualifying for revenue sharing, the following
1096	revenue sources shall be considered: municipal service taxing
1097	units, community development districts, water control district
1098	revenues, occupational license taxes, ad valorem taxes, public
1099	utility services taxes, communications services tax, and
1100	franchise fees.
1101	(10) GAS TAX REVENUES.--Notwithstanding the requirements
1102	of section 336.025, Florida Statutes, to the contrary, the town
1103	shall be entitled to receive local option gas tax revenues
1104	beginning October 1, 2007, in accordance with the interlocal
1105	agreements with Osceola County.
1106	(11) SHARED REVENUES.--Osceola County shall distribute to
1107	the town public service tax, communication service tax, local
1108	business tax, multiple service taxing units, franchise fees, ad
1109	valorem taxes, and any other applicable revenues collected
1110	within the municipal boundaries of the town. This calculation
1111	shall be based upon the population projection of 6,606 residents
1112	for the town as estimated for the feasibility study in
1113	anticipation of the year 2010 census.
1114	(12) SEVERABILITY.--If any section or part of a section of
1115	this charter shall be held invalid by a court of competent
1116	jurisdiction, such holding shall not affect the remainder of
1117	this charter nor the context in which such section or partial
1118	section so held invalid may appear, except to the extent that an
1119	entire section or a partial section may be inseparably connected
1120	in meaning and effect with the section or partial section to
1121	which such holding shall directly apply.
1122	Section 10. This act shall only take effect upon approval
1123	by a majority vote of those qualified electors of the area
1124	described in section 2(5) voting in a referendum to be called by
1125	the Osceola County Commission to be held on September 5, 2007,
1126	in accordance with the provisions of law relating to elections
1127	currently in force, except that this section shall take effect
1128	upon becoming a law.

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