| 1 | A bill to be entitled |
| 2 | An act relating to Marion County; creating the City of |
| 3 | Marion Oaks; providing powers and form of government; |
| 4 | providing corporate boundaries; providing for a city |
| 5 | council; providing powers, duties, eligibility, |
| 6 | compensation, and terms of council members; providing for |
| 7 | a mayor and deputy mayor and specifying powers and duties |
| 8 | thereof; prohibiting dual officeholding; specifying |
| 9 | grounds for forfeiture of office; providing for the |
| 10 | filling of vacancies; providing meeting requirements; |
| 11 | providing for the appointment, qualifications, and |
| 12 | compensation of a city manager and acting city manager; |
| 13 | providing powers and duties; providing for the creation of |
| 14 | additional departments, offices, and agencies to be |
| 15 | directed by the city manager; specifying a merit principle |
| 16 | and grievance process for officers and employees; |
| 17 | providing for the appointment and removal of a city |
| 18 | attorney and city clerk; providing duties; providing for |
| 19 | the financial management of the city, including a fiscal |
| 20 | year and submission of a budget; specifying budget |
| 21 | requirements; providing statutory requirements for budget |
| 22 | action and amendment; providing for administration and |
| 23 | oversight; requiring a capital program; providing for |
| 24 | audits; providing for city elections; providing city |
| 25 | council districts; providing for the appointment, terms, |
| 26 | compensation, and duties of a districting committee; |
| 27 | providing districting plan criteria; providing effect of |
| 28 | district enactment; providing requirements for initial |
| 29 | election of mayor and council members; authorizing |
| 30 | registered electors to propose initiatives, referenda, and |
| 31 | recall of officers; providing requirements for content, |
| 32 | circulation, and filing of petitions; providing for a |
| 33 | petitioners' committee; providing for council review of |
| 34 | petitions under certain circumstances; providing for the |
| 35 | suspension of ordinances under reconsideration; providing |
| 36 | procedures for consideration of proposed initiative |
| 37 | ordinances or reconsideration of referred ordinances; |
| 38 | providing for elections with respect thereto; providing |
| 39 | ethics requirements for officers and employees; providing |
| 40 | for charter review and amendment; providing for creation |
| 41 | and establishment of the city; providing for the initial |
| 42 | election of the mayor and council members; providing for |
| 43 | initial expenses, transitional ordinances and resolutions, |
| 44 | and continuation of certain revenue sources and municipal |
| 45 | services; authorizing city participation in state shared |
| 46 | revenue programs and receipt of local option fuel tax |
| 47 | revenues; requiring sharing of specified revenues with |
| 48 | Marion County; providing severability; providing for a |
| 49 | referendum; providing effective dates. |
| 50 |
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| 51 | WHEREAS, we, the people of the City of Marion Oaks, |
| 52 | Florida, under the constitution and laws of the United States of |
| 53 | America and the State of Florida, in order to provide the |
| 54 | benefits of local government responsive to the will and values |
| 55 | of our citizens, do hereby adopt this charter to define the |
| 56 | powers and structure of our government, and |
| 57 | WHEREAS, by this action, we secure the benefits of home |
| 58 | rule and affirm the values of representative democracy, |
| 59 | professional management, visionary leadership, citizen |
| 60 | participation, and regional cooperation, and |
| 61 | WHEREAS, we believe in an open, responsive government that |
| 62 | provides efficient services which meet the needs of the people, |
| 63 | that abides by the highest ethical standards, and that operates |
| 64 | as a careful steward of the human, fiscal, and natural resources |
| 65 | of our city, NOW, THEREFORE, |
| 66 |
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| 67 | Be It Enacted by the Legislature of the State of Florida: |
| 68 |
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| 69 | Section 1. Creation; powers of the city; form of |
| 70 | government.- |
| 71 | (1) CREATION.-This act shall be known and may be cited as |
| 72 | the "City of Marion Oaks Charter," hereinafter referred to as |
| 73 | the "charter," and the City of Marion Oaks is hereby created and |
| 74 | established. |
| 75 | (2) POWERS OF THE CITY.-The city shall have all powers |
| 76 | possible for a city to have under the constitution and laws of |
| 77 | this state as fully and completely as though they were |
| 78 | specifically enumerated in this charter. |
| 79 | (3) CONSTRUCTION.-The powers of the city under this |
| 80 | charter shall be construed liberally in favor of the city, and |
| 81 | the specific mention of particular powers in the charter shall |
| 82 | not be construed as limiting in any way the general power |
| 83 | granted in this section. |
| 84 | (4) INTERGOVERNMENTAL RELATIONS.-The city may participate |
| 85 | by contract or otherwise with any governmental entity of this |
| 86 | state or any other state or states or the United States in the |
| 87 | performance of any activity which one or more of such entities |
| 88 | have the authority to undertake. |
| 89 | (5) FORM OF GOVERNMENT.-The city shall have a council- |
| 90 | manager form of government as defined in sections 2 and 3. |
| 91 | (6) CORPORATE BOUNDARIES.-The corporate boundaries of the |
| 92 | city shall be as follows: |
| 93 | |
| 94 | A subdivision as recorded in Plat Book "O" at Pages |
| 95 | 001, 019, 036, 053, 081, 107, 140, 154, 164, 194, 214, |
| 96 | 225 and Plat Book "H", at Page 131 of the Public |
| 97 | Records of Marion County, Florida. |
| 98 | |
| 99 | Notwithstanding those boundaries defined by this recorded |
| 100 | subdivision's boundaries, all properties contained within the |
| 101 | northernmost, southernmost, easternmost, and westernmost |
| 102 | boundaries of this subdivision as recorded, and as illustrated |
| 103 | on the map of the proposed City of Marion Oaks contained within |
| 104 | the Municipal Incorporation Feasibility Study for the proposed |
| 105 | City of Marion Oaks, shall be incorporated into and included |
| 106 | within the City of Marion Oaks. Nothing within this charter for |
| 107 | the City of Marion Oaks, Florida, or the associated municipal |
| 108 | incorporation feasibility study shall be construed as exempting |
| 109 | or excluding any properties contained within these boundaries |
| 110 | from being incorporated into the City of Marion Oaks. |
| 111 | Section 2. City council.- |
| 112 | (1) GENERAL POWERS AND DUTIES.-All powers of the city |
| 113 | shall be vested in the city council, except as otherwise |
| 114 | provided by law or this charter, and the council shall provide |
| 115 | for the exercise thereof and for the performance of all duties |
| 116 | and obligations imposed on the city by law. |
| 117 | (2) ELIGIBILITY; TERMS; COMPOSITION.- |
| 118 | (a) Eligibility.-Only registered electors of the county |
| 119 | who have resided within the city boundaries for 12 consecutive |
| 120 | months prior to the date of qualifying shall be eligible to hold |
| 121 | the office of council member. Council members must maintain |
| 122 | residency and voter registration during their entire terms of |
| 123 | office. |
| 124 | (b) Terms.-With the exception of the initial election as |
| 125 | provided in subsection (3) of section 6, the term of office of |
| 126 | council members shall be 4 years. |
| 127 | (c) Composition.-There shall be a city council composed of |
| 128 | four members elected by the registered electors of the city at |
| 129 | large in accordance with the provisions of section 6. Not more |
| 130 | than one council member shall reside in each district. |
| 131 | (3) MAYOR.- |
| 132 | (a) Eligibility.-Only a registered elector of the county |
| 133 | who has resided within the city boundaries for 12 consecutive |
| 134 | months prior to the date of qualifying shall be eligible to hold |
| 135 | the office of mayor. The mayor must maintain residency and voter |
| 136 | registration during his or her entire term of office. |
| 137 | (b) Election.-At each regular election, with the exception |
| 138 | of the initial election as provided in subsection (3) of section |
| 139 | 6, the registered electors of the city shall elect a mayor at |
| 140 | large for a term of 4 years. |
| 141 | (c) Powers and duties.-The mayor shall be a voting member |
| 142 | of the city council and shall attend and preside at meetings of |
| 143 | the council, represent the city in intergovernmental |
| 144 | relationships, present an annual state of the city message, and |
| 145 | perform other duties specified by the council. The mayor shall |
| 146 | be recognized as head of the city government for all ceremonial |
| 147 | purposes and by the Governor for purposes of military law but |
| 148 | shall have no administrative duties. |
| 149 | (4) DEPUTY MAYOR.-At the first regular meeting after the |
| 150 | swearing in of new council members, the council shall elect from |
| 151 | among its members a deputy mayor who shall serve for a period of |
| 152 | 2 years. The deputy mayor shall act as mayor during the absence |
| 153 | or disability of the mayor. |
| 154 | (5) COMPENSATION AND EXPENSES.- |
| 155 | (a) Salary.-The council may determine the annual salary of |
| 156 | the mayor and council members by ordinance, but no ordinance |
| 157 | increasing such salary shall become effective until the date of |
| 158 | commencement of the new terms of the mayor and council members |
| 159 | elected at the next regular election. The annual salaries of the |
| 160 | mayor and council members shall increase or decrease annually |
| 161 | based on the Consumer Price Index for All Urban Consumers, |
| 162 | published by the Bureau of Labor Statistics of the United States |
| 163 | Department of Labor, not to exceed 3 percent of the annual |
| 164 | salary. |
| 165 | (b) Per diem.-The mayor and council members shall receive |
| 166 | reimbursement for council-approved expenses in accordance with |
| 167 | applicable law, or as may be otherwise provided by ordinance, |
| 168 | for authorized travel and per diem expenses incurred in the |
| 169 | performance of their official duties. |
| 170 | (6) PROHIBITIONS.- |
| 171 | (a) Holding other office.-Except where authorized by law, |
| 172 | the mayor and council members shall not hold any other elected |
| 173 | public office during the term for which they were elected to the |
| 174 | council. Neither the mayor nor any council member shall hold any |
| 175 | other city office or employment during the term for which he or |
| 176 | she was elected. No former council member or mayor shall hold |
| 177 | any compensated appointive office or employment with the city |
| 178 | until 1 year after the expiration of the term for which he or |
| 179 | she was elected. Nothing in this subsection shall be construed |
| 180 | to prohibit the council from selecting any current or former |
| 181 | elected official to represent the city on the governing board of |
| 182 | any regional or other intergovernmental agency. |
| 183 | (b) Appointments and removals.-Neither the mayor nor any |
| 184 | member of the city council shall in any manner control or demand |
| 185 | the appointment or removal of any city administrative officer or |
| 186 | employee whom the city manager or any subordinate of the city |
| 187 | manager is empowered to appoint, but the mayor and council |
| 188 | members may express their views and fully and freely discuss |
| 189 | with the city manager anything pertaining to appointment and |
| 190 | removal of such officers and employees. |
| 191 | (c) Interference with administration.-Except for the |
| 192 | purpose of inquiries, and investigations under subsection (9), |
| 193 | the mayor, the council, and the council's members shall deal |
| 194 | with city officers and employees who are subject to the |
| 195 | direction and supervision of the city manager solely through the |
| 196 | city manager, and neither the mayor, the council, nor the |
| 197 | council's members shall give orders to any such officer or |
| 198 | employee, either publicly or privately. |
| 199 | (7) VACANCIES; FORFEITURE OF OFFICE; FILLING OF |
| 200 | VACANCIES.- |
| 201 | (a) Vacancies.-The office of a council member or the mayor |
| 202 | shall become vacant upon the member's or mayor's death, |
| 203 | resignation, removal from office, or forfeiture of office in any |
| 204 | manner authorized by law. |
| 205 | (b) Forfeiture of office.-A council member or the mayor |
| 206 | shall forfeit that office if the council member or mayor: |
| 207 | 1. Fails to meet the residency requirements; |
| 208 | 2. Violates any express prohibition of this charter; |
| 209 | 3. Is convicted of a crime involving moral turpitude; or |
| 210 | 4. Fails to physically attend three consecutive regular |
| 211 | meetings of the council without being excused by the council. |
| 212 | (c) Filling of vacancies.-A vacancy in the city council |
| 213 | shall be filled for the remainder of the unexpired term, if any, |
| 214 | at the next regular election. If the next regular election |
| 215 | occurs within 60 days after the date the vacancy occurred, the |
| 216 | seat shall remain vacant until filled by a vote of the electors. |
| 217 | If the election occurs more than 60 days after the date the |
| 218 | vacancy occurred, the city council, by a majority vote of all |
| 219 | its remaining members, shall appoint a qualified person to fill |
| 220 | the vacancy until the election occurs. If the council fails to |
| 221 | do so within 30 days following the occurrence of the vacancy, |
| 222 | the city clerk shall call a special election to fill the |
| 223 | vacancy. This election shall be held not sooner than 90 days and |
| 224 | not later than 120 days following the occurrence of the vacancy |
| 225 | and shall be governed by law. Notwithstanding any quorum |
| 226 | requirements established herein, if at any time the membership |
| 227 | of the council is reduced to fewer than three members, the |
| 228 | remaining members may, by unanimous vote, appoint additional |
| 229 | members to raise the membership to a minimum of three. |
| 230 | (8) JUDGE OF QUALIFICATIONS.-The city council shall be the |
| 231 | judge of the election and qualifications of its members and of |
| 232 | the grounds for forfeiture of their office. A member charged |
| 233 | with conduct constituting grounds for forfeiture of office shall |
| 234 | be entitled to a public hearing on demand, and notice of such |
| 235 | hearing shall be published in a newspaper of general circulation |
| 236 | in the city at least 1 calendar week in advance of the hearing. |
| 237 | (9) INVESTIGATIONS.-The city council may make |
| 238 | investigations into the affairs of the city and the conduct of |
| 239 | any city department, office, or agency. |
| 240 | (10) PROCEDURES.- |
| 241 | (a) Meetings.-The council shall meet regularly at least |
| 242 | once every month at such times and places as the council may |
| 243 | prescribe by rule. Special meetings may be held at the call of |
| 244 | the mayor or two or more council members and, whenever |
| 245 | practicable, upon no less than 48 hours' notice to each member. |
| 246 | (b) Emergency meetings.-The mayor or any two or more |
| 247 | members of the council may convene an emergency council meeting |
| 248 | upon reasonable notice of such meeting given to each council |
| 249 | member. The first order of business at an emergency council |
| 250 | meeting shall be the determination, by affirmative vote of at |
| 251 | least three members of the council, that an emergency situation |
| 252 | involving health, safety, or public welfare warranting council |
| 253 | action exists. Only matters relating to the emergency may be |
| 254 | considered at the emergency meeting, and any action taken at |
| 255 | such meeting must be approved by at least three members of the |
| 256 | council, except for emergency ordinances, which shall be adopted |
| 257 | in accordance with state law. |
| 258 | (c) Rules and minutes.-The city council shall determine |
| 259 | its own rules and order of business and shall provide for |
| 260 | keeping a record of its proceedings in accordance with Florida |
| 261 | law. |
| 262 | (d) Quorum.-Three members of the council shall constitute |
| 263 | a quorum. No action of the council shall be valid or binding |
| 264 | unless adopted by the affirmative vote of three or more members |
| 265 | of the council. |
| 266 | (11) ORDINANCES IN GENERAL.-All ordinances, including |
| 267 | emergency ordinances, shall be adopted pursuant to section |
| 268 | 166.041, Florida Statutes, as it may be amended from time to |
| 269 | time. Every adopted ordinance shall become effective as provided |
| 270 | in the body of the ordinance. |
| 271 | Section 3. City manager.- |
| 272 | (1) APPOINTMENT; QUALIFICATIONS; COMPENSATION.-The city |
| 273 | council, by a supermajority vote of its total membership, shall |
| 274 | appoint a city manager for an indefinite term and fix the city |
| 275 | manager's compensation. The city manager shall be appointed |
| 276 | solely on the basis of education and experience in the accepted |
| 277 | competencies and practice of local government management. The |
| 278 | city manager need not be a resident of the city or state at the |
| 279 | time of appointment but may reside outside the city while in |
| 280 | office only with the approval of the council. |
| 281 | (2) REMOVAL.-If the city manager declines to resign at the |
| 282 | request of the city council, the city council may suspend the |
| 283 | city manager by a resolution approved by a supermajority of the |
| 284 | total membership of the city council. Such resolution shall set |
| 285 | forth the reasons for suspension and proposed removal. A copy of |
| 286 | such resolution shall be served immediately upon the city |
| 287 | manager. The city manager shall have 15 days in which to reply |
| 288 | thereto in writing and, upon request, shall be afforded a public |
| 289 | hearing, which shall occur not earlier than 10 days nor later |
| 290 | than 15 days after such hearing is requested. After the public |
| 291 | hearing, if one is requested, and after full consideration, the |
| 292 | city council, by a supermajority vote of its total membership, |
| 293 | may adopt a final resolution of removal. The city manager shall |
| 294 | continue to receive full salary until the effective date of a |
| 295 | final resolution of removal. |
| 296 | (3) ACTING CITY MANAGER.-By letter filed with the city |
| 297 | clerk, the city manager shall designate a city officer or |
| 298 | employee to exercise the powers and perform the duties of city |
| 299 | manager during the city manager's temporary absence or |
| 300 | disability. The city council may revoke such designation at any |
| 301 | time and appoint another officer or employee of the city to |
| 302 | serve until the city manager returns. |
| 303 | (4) POWERS AND DUTIES OF CITY MANAGER.-The city manager |
| 304 | shall be the chief executive officer of the city, responsible to |
| 305 | the council for the management of all city affairs placed in the |
| 306 | city manager's charge by or under this charter. The city manager |
| 307 | shall: |
| 308 | (a) Appoint and suspend or remove all city employees and |
| 309 | appointive administrative officers provided for, by, or under |
| 310 | this charter, except as otherwise provided by law, this charter, |
| 311 | or personnel rules adopted pursuant to this charter. The city |
| 312 | manager may authorize any administrative officer subject to the |
| 313 | city manager's direction and supervision to exercise these |
| 314 | powers with respect to subordinates in that officer's |
| 315 | department, office, or agency. |
| 316 | (b) Direct and supervise the administration of all |
| 317 | departments, offices, and agencies of the city, except as |
| 318 | otherwise provided by this charter or by law. |
| 319 | (c) Attend all city council meetings. The city manager |
| 320 | shall have the right to take part in discussion but shall not |
| 321 | vote. |
| 322 | (d) See that all laws, provisions of this charter, and |
| 323 | acts of the city council subject to enforcement by the city |
| 324 | manager or by officers subject to the city manager's direction |
| 325 | and supervision are faithfully executed. |
| 326 | (e) Prepare and submit the annual budget and capital |
| 327 | program to the city council and implement the final budget |
| 328 | approved by the council to achieve the goals of the city. |
| 329 | (f) Submit to the city council, and make available to the |
| 330 | public, a complete report on the finances and administrative |
| 331 | activities of the city as of the end of each fiscal year. |
| 332 | (g) Make such other reports as the city council may |
| 333 | require concerning operations. |
| 334 | (h) Keep the city council fully advised as to the |
| 335 | financial condition and future needs of the city. |
| 336 | (i) Make recommendations to the city council concerning |
| 337 | the affairs of the city and facilitate the work of the city |
| 338 | council in developing policy. |
| 339 | (j) Provide staff support services for the mayor and |
| 340 | council members. |
| 341 | (k) Assist the council in developing long-term goals for |
| 342 | the city and strategies to implement these goals. |
| 343 | (l) Encourage and provide staff support for regional and |
| 344 | intergovernmental cooperation. |
| 345 | (m) Promote partnerships among council, staff, and |
| 346 | citizens in developing public policy and building a sense of |
| 347 | community. |
| 348 | (n) Perform such other duties as are specified in this |
| 349 | charter or may be required by the city council. |
| 350 | Section 4. Departments, offices, and agencies.- |
| 351 | (1) GENERAL PROVISIONS.- |
| 352 | (a) Creation of departments.-The city council may |
| 353 | establish city departments, offices, or agencies in addition to |
| 354 | those created by this charter and may prescribe the functions of |
| 355 | all departments, offices, and agencies. No function assigned by |
| 356 | this charter to a particular department, office, or agency may |
| 357 | be discontinued or, unless this charter specifically so |
| 358 | provides, assigned to any other. |
| 359 | (b) Direction of city manager.-All departments, offices, |
| 360 | and agencies under the direction and supervision of the city |
| 361 | manager shall be administered by an officer appointed by and |
| 362 | subject to the direction of the city manager. |
| 363 | (2) PERSONNEL SYSTEM.- |
| 364 | (a) Merit principle.-All appointments and promotions of |
| 365 | city officers and employees shall be made solely on the basis of |
| 366 | merit and fitness demonstrated by a valid and reliable |
| 367 | examination or other evidence of competence. |
| 368 | (b) Grievance process.-The city council shall establish |
| 369 | and maintain a written grievance process for all city employees. |
| 370 | (3) CITY ATTORNEY.- |
| 371 | (a) Appointment and removal.-There shall be a city |
| 372 | attorney appointed by the city council. The city attorney shall |
| 373 | be appointed and may be removed by a simple majority vote of the |
| 374 | entire city council. |
| 375 | (b) Role.-The city attorney shall serve as chief legal |
| 376 | adviser to the council, the city manager, and all city |
| 377 | departments, offices, and agencies; shall represent the city in |
| 378 | legal proceedings; and shall perform any other duties prescribed |
| 379 | by state law, this charter, or ordinance. |
| 380 | (4) CITY CLERK.- |
| 381 | (a) Appointment and removal.-There shall be a city clerk |
| 382 | appointed and removed by the city manager, subject to |
| 383 | confirmation by a majority vote of the entire city council. |
| 384 | (b) Duties.-The city clerk shall give notice of council |
| 385 | meetings to council members and the public, keep the journal of |
| 386 | the council's proceedings, and perform such other duties as are |
| 387 | assigned by this charter, the city manager, or state law. |
| 388 | Section 5. Financial management.- |
| 389 | (1) FISCAL YEAR.-The fiscal year of the city shall begin |
| 390 | on the first day of October and end on the last day of |
| 391 | September. |
| 392 | (2) SUBMISSION OF BUDGET.-On or before the first day of |
| 393 | August of each year, the city manager shall submit to the city |
| 394 | council a budget for the ensuing fiscal year and an accompanying |
| 395 | message. |
| 396 | (3) BUDGET MESSAGE.-The city manager's message shall |
| 397 | explain the budget both in fiscal terms and in terms of the work |
| 398 | programs, linking those programs to organizational goals and |
| 399 | community priorities. It shall outline the proposed financial |
| 400 | policies of the city for the ensuing fiscal year and the impact |
| 401 | of those policies on future years. It shall describe the |
| 402 | important features of the budget; indicate any major changes |
| 403 | from the current year in financial policies, expenditures, and |
| 404 | revenues together with the reasons for such changes; summarize |
| 405 | the city's debt position, including factors affecting the |
| 406 | ability to raise resources through debt issues; and include such |
| 407 | other material as the city manager deems desirable. |
| 408 | (4) BUDGET.-The budget shall provide a complete financial |
| 409 | plan of all city funds and activities for the ensuing fiscal |
| 410 | year and, except as required by law or this charter, shall be in |
| 411 | such form as the city manager deems desirable or the city |
| 412 | council may require for effective management and an |
| 413 | understanding of the relationship between the budget and the |
| 414 | city's strategic goals. The budget shall begin with a clear |
| 415 | general summary of its contents; shall show in detail all |
| 416 | estimated income, indicating the proposed property tax levy and |
| 417 | all proposed expenditures, including debt service, for the |
| 418 | ensuing fiscal year; and shall be so arranged as to show |
| 419 | comparative figures for actual income and expenditures of the |
| 420 | preceding fiscal year. It shall indicate in separate sections: |
| 421 | (a) The proposed goals and expenditures for current |
| 422 | operations during the ensuing fiscal year, detailed for each |
| 423 | fund by department or other organizational unit and by program, |
| 424 | purpose, or activity; the method of financing such expenditures; |
| 425 | and methods to measure outcomes and performance related to the |
| 426 | goals. |
| 427 | (b) The proposed longer-term goals and capital |
| 428 | expenditures during the ensuing fiscal year, detailed for each |
| 429 | fund by department or other organizational unit when |
| 430 | practicable; the proposed method of financing each such capital |
| 431 | expenditure; and methods to measure outcomes and performance |
| 432 | related to the goals. |
| 433 | (c) The proposed goals, anticipated income, and expense, |
| 434 | profit, and loss for the ensuing year for each utility or other |
| 435 | enterprise fund or internal service fund operated by the city |
| 436 | and methods to measure outcomes and performance related to the |
| 437 | goals. For any fund, the total of proposed expenditures shall |
| 438 | not exceed the total of estimated income plus carried-forward |
| 439 | fund balance exclusive of reserves. |
| 440 | (5) CITY COUNCIL ACTION ON BUDGET.-The city council shall |
| 441 | adopt an annual budget in accordance with all applicable state |
| 442 | statutory provisions, including, but not limited to, sections |
| 443 | 166.241, 200.001, 200.065, and 200.068, Florida Statutes, as |
| 444 | they may be amended from time to time. |
| 445 | (6) AMENDMENTS AFTER ADOPTION.-Budget amendments after |
| 446 | adoption of an annual budget shall be processed according to |
| 447 | sections 166.241, 200.065, and 218.503, Florida Statutes, as |
| 448 | they may be amended from time to time. |
| 449 | (7) ADMINISTRATION AND FIDUCIARY OVERSIGHT.-The city |
| 450 | council shall provide by ordinance the procedures for |
| 451 | administration and fiduciary oversight of the budget. |
| 452 | (8) CAPITAL PROGRAM.-The city manager shall prepare and |
| 453 | submit to the city council a multiyear capital program in |
| 454 | compliance with state law. |
| 455 | (9) INDEPENDENT AUDIT.- |
| 456 | (a) The city council shall provide for an independent |
| 457 | annual audit of all city accounts and may provide for more |
| 458 | frequent audits as it deems necessary. An independent certified |
| 459 | public accountant or firm of such accountants shall make such |
| 460 | audits. Such audits should be performed in accordance with |
| 461 | generally accepted auditing standards and generally accepted |
| 462 | governmental auditing standards. |
| 463 | (b) The council shall, using competitive bidding, |
| 464 | designate such accountant or firm annually, or for a period not |
| 465 | exceeding 3 years, but the designation for any particular fiscal |
| 466 | year shall be made no later than 30 days after the beginning of |
| 467 | such fiscal year. The standard for independence is that the |
| 468 | auditor must be capable of exercising objective and impartial |
| 469 | judgment on all issues encompassed within the audit engagement. |
| 470 | No accountant or firm may provide any other services to the city |
| 471 | during the time it is retained to provide independent audits to |
| 472 | the city. The city council may waive this requirement by a |
| 473 | majority vote at a public hearing. If the state makes such an |
| 474 | audit, the council may accept it as satisfying the requirements |
| 475 | of this subsection. |
| 476 | Section 6. Elections.- |
| 477 | (1) CITY ELECTIONS.- |
| 478 | (a) Regular elections.-The regular election for the city |
| 479 | shall be held on the first Tuesday after the first Monday in |
| 480 | November in each even-numbered year, in conjunction with state |
| 481 | and federal elections. |
| 482 | (b) Conduct of elections.-The provisions of the general |
| 483 | election laws of the state shall apply to elections held under |
| 484 | this charter. Candidates shall run for office without party |
| 485 | designation. |
| 486 | (2) COUNCIL DISTRICTS; ADJUSTMENT.- |
| 487 | (a) Number of districts.-There shall be four city council |
| 488 | districts. |
| 489 | (b) Districting committee; composition; appointment; |
| 490 | terms; vacancies; compensation.- |
| 491 | 1. There shall be a districting committee consisting of |
| 492 | five members, with at least one member residing in each district |
| 493 | of the city. |
| 494 | 2. No member of the committee shall be employed by the |
| 495 | city or hold any other elected or appointed position with the |
| 496 | city. |
| 497 | 3. The city council shall appoint the committee no later |
| 498 | than 1 year and 5 months before the first general election of |
| 499 | the city council after each federal decennial census. The |
| 500 | committee's term shall end upon adoption of a districting plan |
| 501 | as set forth in paragraph (c). |
| 502 | 4. In the event of a vacancy on the committee by death, |
| 503 | resignation, or otherwise, the city council shall appoint a new |
| 504 | member who resides in the same district as his or her |
| 505 | predecessor to serve the balance of the term remaining. |
| 506 | 5. No member of the districting committee shall be removed |
| 507 | from office by the city council except for cause and upon notice |
| 508 | and hearing. |
| 509 | 6. The members of the committee shall serve without |
| 510 | compensation. |
| 511 | 7. The committee may hire or contract for necessary staff |
| 512 | assistance and may require agencies of city government to |
| 513 | provide technical assistance. The committee shall have a budget |
| 514 | as provided by the city council. |
| 515 | (c) Powers and duties of committee; hearings, submissions, |
| 516 | and approval of plan.- |
| 517 | 1. Following each decennial census, the committee shall |
| 518 | consult the city council and shall prepare a plan for dividing |
| 519 | the city into districts for the election of council members. In |
| 520 | preparing the plan, the committee shall be guided by the |
| 521 | criteria set forth in paragraph (d). The report on the plan |
| 522 | shall include a map and description of the districts |
| 523 | recommended. |
| 524 | 2. The committee shall hold one or more public hearings |
| 525 | not less than 1 month before it submits the plan to the city |
| 526 | council. The committee shall make its plan available to the |
| 527 | public for inspection and comment not less than 1 month before |
| 528 | its public hearing. |
| 529 | 3. The committee shall submit its plan to the city council |
| 530 | not less than 1 year before the first general election of the |
| 531 | city council after each decennial census. |
| 532 | 4. The plan shall be deemed adopted by the city council |
| 533 | unless disapproved within 3 weeks by the vote of the majority of |
| 534 | all members of the city council. If the city council fails to |
| 535 | adopt the plan, it shall return the plan to the committee with |
| 536 | its objections and with the objections of individual members of |
| 537 | the council. |
| 538 | 5. Upon rejection of its plan, the committee shall prepare |
| 539 | a revised plan and shall submit such revised plan to the city |
| 540 | council no later than 9 months before the first general election |
| 541 | of the city council after the decennial census. Such revised |
| 542 | plan shall be deemed adopted by the city council unless |
| 543 | disapproved within 2 weeks by the vote of a supermajority of all |
| 544 | of the members of the council and unless, by a vote of a |
| 545 | supermajority of all of its members, the city council votes to |
| 546 | file a petition with the Circuit Court of Marion County for a |
| 547 | determination that the plan fails to meet the requirements of |
| 548 | this charter. The city council shall file its petition no later |
| 549 | than 10 days after its disapproval of the plan. Upon a final |
| 550 | determination upon appeal, if any, that the plan meets the |
| 551 | requirements of this charter, the plan shall be deemed adopted |
| 552 | by the city council and the committee shall deliver the plan to |
| 553 | the city clerk. The plan delivered to the city clerk shall |
| 554 | include a map and description of the districts. |
| 555 | 6. If in any year population figures are not available at |
| 556 | least 1 year and 5 months before the first general election |
| 557 | following the decennial census, the city council may, by |
| 558 | ordinance, shorten the time periods for districting committee |
| 559 | action in subparagraphs 2., 3., 4., and 5. |
| 560 | (d) Districting plan; criteria.-In preparation of its plan |
| 561 | for dividing the city into districts for the election of council |
| 562 | members, the committee shall apply the following criteria which, |
| 563 | to the extent practicable, shall be applied and given priority |
| 564 | in the order in which they are herein set forth. |
| 565 | 1. Districts shall be equal in population except where |
| 566 | deviations from equality result from the application of the |
| 567 | provisions hereinafter set forth, but no such deviation may |
| 568 | exceed 5 percent of the average population for all city council |
| 569 | districts according to the figures available from the most |
| 570 | recent census. |
| 571 | 2. Districts shall consist of contiguous territory. |
| 572 | 3. Consistent with the foregoing provisions, the aggregate |
| 573 | length of all district boundaries shall be as short as possible. |
| 574 | (e) Effect of enactment.-The new city council districts |
| 575 | and boundaries as of the date of enactment shall supersede |
| 576 | previous council districts and boundaries for all purposes of |
| 577 | the next regular election, including nominations. The new |
| 578 | districts and boundaries shall supersede previous districts and |
| 579 | boundaries for all other purposes as of the date on which the |
| 580 | council members elected at that regular election take office. |
| 581 | (3) FIRST ELECTION; TERMS OF OFFICE.-The first election |
| 582 | under this charter shall be held on November 2, 2010, at which |
| 583 | time the mayor shall be elected for a 2-year term of office. The |
| 584 | two council member candidates receiving the greatest number of |
| 585 | votes shall be elected to 4-year terms of office. The next two |
| 586 | council member candidates receiving the greatest number of votes |
| 587 | shall be elected to 2-year terms of office. Commencing at the |
| 588 | next regular election and at all subsequent regular elections, |
| 589 | all council members shall be elected for terms of 4 years. |
| 590 | (4) TAKING OFFICE.-The first city council shall take |
| 591 | office upon certification of the election results. Subsequently, |
| 592 | newly elected officials shall take office at the next regular |
| 593 | council meeting following certification of the election results. |
| 594 | (5) INITIATIVE; CITIZEN REFERENDUM; RECALL.- |
| 595 | (a) General authority.- |
| 596 | 1. Initiative.-The registered electors of the city shall |
| 597 | have the power to propose ordinances to the council and, if the |
| 598 | council fails to adopt an ordinance so proposed without any |
| 599 | change in substance, to adopt or reject it at a city election, |
| 600 | provided that such power shall not extend to the budget or |
| 601 | capital program or any emergency ordinance or ordinance relating |
| 602 | to appropriation of money, levy of taxes, or salaries of city |
| 603 | officers or employees. |
| 604 | 2. Referendum.-The registered electors of the city shall |
| 605 | have the power to require reconsideration by the council of any |
| 606 | adopted ordinance and, if the council fails to repeal an |
| 607 | ordinance so reconsidered, to approve or reject it at a city |
| 608 | election, provided that such power shall not extend to the |
| 609 | budget or capital program or any emergency ordinance or |
| 610 | ordinance relating to appropriation of money, levy of taxes, or |
| 611 | salaries of city officers or employees. |
| 612 | 3. Recall.-The registered electors of the city shall have |
| 613 | the power to remove from office any elected official of the city |
| 614 | in accordance with state law. |
| 615 | (b) Commencement of proceeding; petitioners' committee; |
| 616 | affidavit.-Any five registered electors of the city may commence |
| 617 | initiative or referendum proceedings by filing with the city |
| 618 | clerk an affidavit stating that they will constitute the |
| 619 | petitioners' committee and will be responsible for circulating |
| 620 | the petition and filing it in proper form; specifying a |
| 621 | committee chair; stating their names and addresses and |
| 622 | specifying the address to which all notices to the committee are |
| 623 | to be sent; and setting out in full the proposed initiative |
| 624 | ordinance or citing the ordinance sought to be reconsidered. |
| 625 | Promptly after the affidavit of the petitioners' committee is |
| 626 | filed, the clerk may, at the committee's request, issue the |
| 627 | appropriate petition blanks to the petitioners' committee at the |
| 628 | committee's expense. |
| 629 | (c) Petitions.- |
| 630 | 1. Number of signatures.-Initiative or referendum |
| 631 | petitions must be signed by registered electors of the city |
| 632 | equal in number to at least 10 percent of the total number of |
| 633 | registered electors who voted in the last regular election. |
| 634 | 2. Form and content.-All papers of a petition shall be |
| 635 | uniform in size and style and shall be assembled as one |
| 636 | instrument for filing. Each signature shall be executed in ink |
| 637 | or indelible pencil and shall be followed by the address of the |
| 638 | person signing, the date, and the person's voting precinct. A |
| 639 | petition shall contain or have attached thereto throughout its |
| 640 | circulation the full text of the ordinance proposed or sought to |
| 641 | be reconsidered. |
| 642 | 3. Affidavit of circulator.-Each paper of a petition shall |
| 643 | have attached to it when filed an affidavit executed by the |
| 644 | circulator thereof stating that he or she personally circulated |
| 645 | the paper, the number of signatures thereon, that all the |
| 646 | signatures were affixed in his or her presence, that he or she |
| 647 | believes them to be the genuine signatures of the persons whose |
| 648 | names they purport to be, and that each signer had an |
| 649 | opportunity before signing to read the full text of the |
| 650 | ordinance proposed or sought to be reconsidered. |
| 651 | 4. Time for filing.-Referendum petitions must be filed |
| 652 | within 30 days after adoption by the council of the ordinance |
| 653 | sought to be reconsidered. |
| 654 | (d) Procedure after filing.- |
| 655 | 1. Certificate of clerk; amendment.-Within 20 days after |
| 656 | the initiative petition is filed, the city clerk shall complete |
| 657 | a certificate as to its sufficiency, specifying, if it is |
| 658 | insufficient, the particulars wherein it is defective and shall |
| 659 | promptly send a copy of the certificate to the petitioners' |
| 660 | committee by registered mail. A petition certified insufficient |
| 661 | for lack of the required number of valid signatures may be |
| 662 | amended once if the petitioners' committee files a notice of |
| 663 | intention to amend it with the clerk within 2 days after |
| 664 | receiving the copy of the certificate and files a supplementary |
| 665 | petition with additional papers within 10 days after receiving |
| 666 | the copy of the certificate. Such supplementary petition shall |
| 667 | comply with the requirements of subparagraphs (c)2. and (c)3.; |
| 668 | and, within 5 days after it is filed, the clerk shall complete a |
| 669 | certificate as to the sufficiency of the petition as amended and |
| 670 | promptly send a copy of such certificate to the petitioners' |
| 671 | committee by registered mail as in the case of an original |
| 672 | petition. If a petition or amended petition is certified |
| 673 | sufficient, or if a petition or amended petition is certified |
| 674 | insufficient and the petitioners' committee does not elect to |
| 675 | amend or request council review under subparagraph 2. within the |
| 676 | time required, the clerk shall promptly present the certificate |
| 677 | to the council and the certificate shall then be a final |
| 678 | determination as to the sufficiency of the petition. |
| 679 | 2. Council review.-If a petition has been certified |
| 680 | insufficient and the petitioners' committee does not file notice |
| 681 | of intention to amend it or if an amended petition has been |
| 682 | certified insufficient, the committee may, within 2 days after |
| 683 | receiving the copy of such certificate, file a request that it |
| 684 | be reviewed by the council. The council shall review the |
| 685 | certificate at its next meeting following the filing of such |
| 686 | request and approve or disapprove it, and the council's |
| 687 | determination shall then be a final determination as to the |
| 688 | sufficiency of the petition. |
| 689 | (e) Suspension of effect of ordinance.-When a referendum |
| 690 | petition is filed with the city clerk, the ordinance sought to |
| 691 | be reconsidered shall be suspended from taking effect. Such |
| 692 | suspension shall terminate when: |
| 693 | 1. There is a final determination of insufficiency of the |
| 694 | petition; |
| 695 | 2. The petitioners' committee withdraws the petition; |
| 696 | 3. The council repeals the ordinance; or |
| 697 | 4. The result of a vote of the registered electors of the |
| 698 | city on the ordinance has been certified. |
| 699 | (f) Action on petitions.- |
| 700 | 1. Action by council.-When an initiative or referendum |
| 701 | petition has been finally determined sufficient, the council |
| 702 | shall promptly consider the proposed initiative ordinance in the |
| 703 | manner provided by state law or reconsider the referred |
| 704 | ordinance by voting its repeal. If the council fails to adopt a |
| 705 | proposed initiative ordinance without any change in substance |
| 706 | within 60 days or fails to repeal the referred ordinance within |
| 707 | 30 days after the date the petition was finally determined |
| 708 | sufficient, it shall submit the proposed or referred ordinance |
| 709 | to the registered electors of the city. |
| 710 | 2. Submission to registered electors of proposed or |
| 711 | referred ordinances.-The vote of the registered electors of the |
| 712 | city on a proposed or referred ordinance shall be held not less |
| 713 | than 30 days and not later than 1 year after the date of the |
| 714 | final council vote thereon. If no regular election is to be held |
| 715 | within the period prescribed in this subparagraph, the council |
| 716 | shall provide for a special election; otherwise, the vote shall |
| 717 | be held at the same time as such regular election, except that |
| 718 | the council may, in its discretion, provide for a special |
| 719 | election at an earlier date within the prescribed period. Copies |
| 720 | of the proposed or referred ordinance shall be made available at |
| 721 | the polls. |
| 722 | 3. Withdrawal of petitions.-An initiative or referendum |
| 723 | petition may be withdrawn at any time prior to the 15th day |
| 724 | preceding the day scheduled for a vote of the registered |
| 725 | electors of the city by filing with the city clerk a request for |
| 726 | withdrawal signed by at least two-thirds of the petitioners' |
| 727 | committee. Upon the filing of such request, the petition shall |
| 728 | have no further force or effect and all proceedings thereon |
| 729 | shall be terminated. |
| 730 | (g) Results of election.- |
| 731 | 1. Initiative.-If a majority of the registered electors |
| 732 | voting on a proposed initiative ordinance vote in its favor, it |
| 733 | shall be considered adopted upon certification of the election |
| 734 | results and shall be treated in all respects in the same manner |
| 735 | as ordinances of the same kind adopted by the council. If |
| 736 | conflicting ordinances are approved at the same election, the |
| 737 | one receiving the greatest number of affirmative votes shall |
| 738 | prevail to the extent of such conflict. |
| 739 | 2. Referendum.-If a majority of the registered electors |
| 740 | voting on a referred ordinance vote against it, it shall be |
| 741 | considered repealed upon certification of the election results. |
| 742 | Section 7. Ethics.-All elected officials and employees of |
| 743 | the city shall be subject to the standards of conduct for public |
| 744 | officers and employees provided in part III of chapter 112, |
| 745 | Florida Statutes. |
| 746 | Section 8. Charter review and amendment.- |
| 747 | (1) CHARTER REVIEW.-The charter shall be reviewed no later |
| 748 | than 3 years after the date the city was established. After the |
| 749 | initial review, the charter shall be reviewed no later than |
| 750 | every 8 years. The city council shall appoint an advisory |
| 751 | committee consisting of no more than 11 and no fewer than 7 |
| 752 | citizens to review the charter. This committee shall be |
| 753 | appointed at least 9 months before the next scheduled election. |
| 754 | (2) CHARTER AMENDMENT.-The charter may be amended in |
| 755 | accordance with Florida law. |
| 756 | Section 9. Transition.- |
| 757 | (1) CREATION AND ESTABLISHMENT OF CITY.-For the purpose of |
| 758 | compliance with general law relating to the assessment and |
| 759 | collection of ad valorem taxes, the City of Marion Oaks is |
| 760 | hereby created and established, effective when approved by the |
| 761 | vote of the registered electors at the August 24, 2010, special |
| 762 | election and filed with the Secretary of State in the manner |
| 763 | prescribed by law. |
| 764 | (2) INITIAL ESTABLISHMENT OF COUNCIL DISTRICTS.-The |
| 765 | initial council districts shall be established by the Marion |
| 766 | County Supervisor of Elections in compliance with paragraphs |
| 767 | (2)(a) and (d) of section 6 for the first election of the city |
| 768 | council in 2010. |
| 769 | (3) INITIAL ELECTION OF MAYOR AND COUNCIL MEMBERS.-The |
| 770 | Marion County Supervisor of Elections shall call a special |
| 771 | election for the election of the four council members and the |
| 772 | mayor to be held on November 2, 2010. The mayor shall be elected |
| 773 | for a 2-year term of office. The two council member candidates |
| 774 | receiving the greatest number of votes shall be elected to 4- |
| 775 | year terms of office. The next two council member candidates |
| 776 | receiving the greatest number of votes will be elected to 2-year |
| 777 | terms of office. |
| 778 | (4) INITIAL EXPENSES.-The city council, in order to |
| 779 | provide moneys for the expenses and support of the city, shall |
| 780 | have the power to borrow money necessary for the operation of |
| 781 | city government until such time as a budget is adopted and |
| 782 | revenues are raised in accordance with the provisions of this |
| 783 | charter. |
| 784 | (5) TRANSITIONAL ORDINANCES AND RESOLUTIONS.-The city |
| 785 | council shall adopt ordinances and resolutions required to |
| 786 | effect the transition. Ordinances adopted within 60 days after |
| 787 | the first regular council meeting may be passed as emergency |
| 788 | ordinances. These transitional ordinances shall be effective for |
| 789 | no longer than 90 days after adoption and thereafter may be |
| 790 | readopted, renewed, or otherwise continued only in the manner |
| 791 | normally prescribed for ordinances. |
| 792 | (6) REVENUE SOURCE TRANSITION.-Until otherwise modified by |
| 793 | the council, all municipal taxes and fees, including |
| 794 | communications services taxes, imposed within the city |
| 795 | boundaries by the county as the municipal government for |
| 796 | unincorporated Marion County, which taxes and fees are in effect |
| 797 | on the date of adoption of this charter, shall continue at the |
| 798 | same rate and under the same conditions as if those taxes and |
| 799 | fees had been adopted and assessed by the city. |
| 800 | (7) CONTINUITY OF SERVICES.-To ensure that there is no |
| 801 | discontinuity in the provision, level, or quality of municipal |
| 802 | service delivery to the proposed city, and until such time as |
| 803 | the city may enter into interlocal agreements with Marion County |
| 804 | regarding provision of municipal services, all municipal |
| 805 | services currently provided by Marion County shall continue at |
| 806 | the service levels existing at the time of municipal |
| 807 | incorporation. All federal, state, grant, and other funding |
| 808 | sources existing prior to the time the city is incorporated |
| 809 | shall continue to be applied in the manner and at the level |
| 810 | anticipated and projected by the Marion County budget prior to |
| 811 | the incorporation of the city. The future cost and level of |
| 812 | municipal services delivery provided to the city by Marion |
| 813 | County beyond the 2010-2011 fiscal year shall be negotiated and |
| 814 | determined through an interlocal agreement between the city and |
| 815 | appropriate representatives of Marion County. |
| 816 | (8) STATE SHARED REVENUES.-The city shall be entitled to |
| 817 | participate in all shared revenue programs of the state, |
| 818 | effective immediately following the ratification of the |
| 819 | incorporation referendum. The provisions of section 218.23, |
| 820 | Florida Statutes, shall be waived for the purpose of eligibility |
| 821 | to receive revenue sharing funds from the date of referendum |
| 822 | ratification through the end of state fiscal year 2010-2011. The |
| 823 | provisions of section 218.26(3), Florida Statutes, shall be |
| 824 | waived through state fiscal year 2010-2011, and the |
| 825 | apportionment factors for municipalities and counties shall be |
| 826 | recalculated pursuant to section 218.245, Florida Statutes. The |
| 827 | initial population estimates for calculating eligibility for |
| 828 | shared revenues shall be determined by the University of Florida |
| 829 | Bureau of Economic and Business Research as of the effective |
| 830 | date of this charter. Should the bureau be unable to provide an |
| 831 | appropriate population estimate (the initial population at the |
| 832 | level of 15,000 as projected in the incorporation feasibility |
| 833 | study), the Marion County Planning Division estimate shall be |
| 834 | used. |
| 835 | (9) FUEL TAX REVENUES.-Notwithstanding the requirements of |
| 836 | section 336.025, Florida Statutes, to the contrary, the city |
| 837 | shall be entitled to receive local option fuel tax revenues upon |
| 838 | ratification of the referendum results establishing Marion Oaks |
| 839 | as an incorporated municipality in accordance with the |
| 840 | interlocal agreements with Marion County. |
| 841 | (10) SHARED REVENUES.-Beginning in the 2010-2011 fiscal |
| 842 | year, Marion County shall distribute to the city, from taxes, |
| 843 | franchise fees, and ad valorem taxes, which include |
| 844 | communication services taxes, revenues collected within the |
| 845 | municipal boundaries of the city. This calculation shall be |
| 846 | based upon the population projection of 15,000 residents for the |
| 847 | city as estimated for the feasibility study in anticipation of |
| 848 | the year 2010 census. |
| 849 | Section 10. Severability.-If any section or part of a |
| 850 | section of this charter is held invalid by a court of competent |
| 851 | jurisdiction, such holding shall not affect the remainder of |
| 852 | this charter nor the context in which such section or partial |
| 853 | section so held invalid may appear, except to the extent that an |
| 854 | entire section or a partial section may be inseparably connected |
| 855 | in meaning and effect with the section or partial section to |
| 856 | which such holding shall directly apply. |
| 857 | Section 11. This act shall take effect only upon its |
| 858 | approval by a majority vote of those registered electors |
| 859 | residing within the proposed corporate limits of the proposed |
| 860 | City of Marion Oaks, as described in subsection (6) of section |
| 861 | 1, voting in a referendum election to be called by the Marion |
| 862 | County Supervisor of Elections and to be held on August 24, |
| 863 | 2010, in accordance with the provisions of law relating to |
| 864 | elections currently in force, except that this section shall |
| 865 | take effect upon becoming a law. |