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HomeMy WebLinkAboutPacket 10-08-2009 Charter ReviewCHARTER REVIEW COMMITTEE CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida THIMSDAY October 8, 2009 5:30 PM 7:30 P /_Tr]=Qf 17_1 CALL TO ORDER: ROLL CALL: DISCUSSION: City Charter Articles 1 through 5; 2. Discussion: Agenda Items for Next Meeting; 3. Open Discussion. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. 105 Polk Avenue - P.O. Box 326 - Cape Canaveral, FL 32920 Telephone (321) 868-1221 - Fax (321) 868-1248 - wwwj!y(jc�rcnava.l.f:r; e-mail: ccapecanaveral@cfl.rr.com CODE OF ORDINANCES City of COCOA BEACH, FLORIDA Codified through Ord.... Page 1 of 5 Preliminaries CODE OF ORDINANCES City of COCOA BEACH, FLORIDA Codified through Ord. No. 1497, enacted May 21, 2009. (Supplement No. 12) CODE OF ORDINANCES CITY OF COCOA BEACH, FLORIDA Containing THE CHARTER and GENERAL ORDINANCES OF THE CITY Adopted, September 3, 1964 Effective, October 5, 1964 Published by Order of the City Commission Published by Municipal Code Corporation Tallahassee, Florida 1981 PREFACE This Code constitutes a republication of the general and permanent ordinances of the City of Cocoa Beach, Florida. Source materials used in the preparation of the republication were the 1981 Code, as supplemented through Ordinance No. 1389, adopted June 3, 2004, and ordinances subsequently adopted by the city commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the 1981 Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1981 Code, as supplemented, and any subsequent ordinance included herein. The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this http://library8.municode.com/default-test/DocView/13994/1/2 9/28/2009 CODE OF ORDINANCES City of COCOA BEACH, FLORIDA Codified through Ord.... Page 2 of 5 Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1,5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included in the same manner. If the new material is to be included between chapters 12 and 13, it will be designated as chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. Page Numbering System The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: TABLE INSET: CHARTER CHTA CHARTER LAWS COMPARATIVE TABLE CHTCT:1 CODE CD1:1 CODE APPENDIX CDA:1 STATUTORY REFERENCE TABLE SRT:1 CODE COMPARATIVE TABLES CCT:1 CHARTER INDEX CHTi:1 CODE INDEX CD0 Indexes The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be property edited, and the affected page or pages will be reprinted. These http:/AibraryS.municode.com/default-test/DocV1ew/13994/1/2 9/28/2009 CODE OF ORDINANCES City of COCOA BEACH, FLORIDA Codified through Ord.... Page 3 of 5 new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments This publication was under the direct supervision of Ellen Andrews, Supplement Editor,of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to the City of Cocoa Beach, Florida for its cooperation and assistance during the progress of the work on this publication, It is hoped that the city's efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs. Copyright All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Cocoa Beach, Florida. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Cocoa Beach, Florida. © Copyrighted material. Municipal Code Corporation and the City of Cocoa Beach, Florida. 2004, ORDINANCE NO. 193 An Ordinance Adopting and Enacting a New Code of Ordinances of The City of Cocoa Beach, Florida; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Except as Herein Expressly Provided; Providing for the Manner of Amending such Code of Ordinances; Providing a Penalty for the Violation Thereof- and Providing When This Ordinance Shall Become Effective. Be It Ordained By The Commission of The City of Cocoa Beach, Florida: Section 1. That the Code of Ordinances, consisting of Chapters 1 to 28, each inclusive, is hereby adopted and enacted as the "Code of Ordinances of the City of Cocoa Beach, Florida," and shall be treated and considered as a new, original comprehensive ordinance which shall supersede all other general and permanent ordinances of the City passed on or before July 2, 1964, to the extent provided in Section 2 hereof. Section 2. That all provisions of such Code shall be in full force and effect from and after the 5th day of October, 1964, and all ordinances of a general and permanent nature of the City of Cocoa Beach, enacted on final passage on or before July 2, 1964, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 5th day of October, 1964, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed. Section 3. That the repeal provided for in Section 2 hereof shall not affect the following: http://Ilbrary8.municode.com/default-test/DocVtew/13994/l/2 9/28/2009 CODE OF ORDINANCES City of COCOA BEACH, FLORIDA Codified through Ord.... Page 4 of 5 (a) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; (b) Any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City; (c) The administrative ordinances or resolutions of the City, not in conflict or inconsistent with the provisions of such Code; (d) Any ordinance or resolution fixing salaries of officers or employees of the City; (e) Any appropriation ordinance or resolution; (f) Any right or franchise granted by the City Commission to any person, firm or corporation; (g) Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, etc., any street or public way in the City; (h) Any ordinance or resolution establishing and prescribing the street grades of any street in the City; (i) Any ordinance or resolution providing for local improvements or assessing taxes therefor; 0) Any ordinance or resolution dedicating or accepting any plat or subdivision in the City, or providing regulations for the same; (k) Any ordinance annexing property to the City; (1) Any ordinance or resolution prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, not inconsistent with such Code; (m) Any ordinance or resolution regulating the installation or repair of gas piping or apparatus; (n) Any ordinance regulating the levy and collecting of occupational license taxes; (o) Any ordinance relating to health, and weed and underbrush clearance; (p) Any ordinance prescribing regulations as to signs and advertising; (q) Any ordinance regulating the zoning of lands; (r) Any ordinance enacted after July 2, 1964. Nor shall such repeal be construed to revive any ordinance or part of an ordinance that has been repealed by a subsequent ordinance which is repealed by this ordinance. Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor by the City Commission, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the City Commission, and no specific penalty is provided therefor, the violation of any such provisions of such Code shall be punished as provided in Section 1-8 of such Code. Section 5. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the City Commission to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Cocoa Beach, Florida," shall be understood and intended to include such additions and amendments. Section 6. That in case of the amendment of any section of such Code by the City Commission, for which a penalty is not provided, the general penalty as provided in Section 1-8 of such Code shall http://library8.muiiicode.com/defauIt-test/DocV1ew/13994/1/2 9/28/2009 CODE OF ORDINANCES City of COCOA BEACH, FLORIDA Codified through Ord.... Page 5 of 5 apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended; unless such penalty is specifically repealed therein. Section 7. That a copy of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by her, to insert in their designated places all amendments, ordinances or resolutions which indicate the intention of the City Commission to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which from time to time may be repealed by the City Commission, This copy of such Code shall be available for all persons desiring to examine the same. Section 8. That it shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the laws of the City of Cocoa Beach to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1-8 of the "Code of Ordinances of the City of Cocoa Beach, Florida." Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 10. That this ordinance shall become effective on the 5th day of October, 1964. PASSED, APPROVED AND ADOPTED BY THE CITY COMMISSION on this 3rd day of September, 1964. ATTEST: ROBERT P. MURKSHE Mayor KATHLEEN D. WRIGHT City Clerk APPROVED AS TO FORM AND LEGALITY: FRANK M. WOLFE City Attorney I Hereby Certify that the above Ordinance is a true and correct copy of the said Ordinance adopted by the Commission of the City of Cocoa Beach at a Regular Meeting held on the 3rd day of September, 1964. Dated this 4th day of September, 1964 OLIVE P. HARNESS Deputy City Clerk City of Cocoa Beach, Florida http://library8.mun[code.com/default-test/DocView/ 13994/1/2 9/28/2009 PART' 1 CHARTER* PART I CHARTER* Page 1 of 2 *Editor's note: Ord. No. 1173, § 2, adopted Sept. 17, 1998, and approved at referendum on Nov. 3, 1998, completely revised the city's charter to read as herein set out. Absence of a history note in parentheses following a particular section indicates that the section derives unchanged from Ord. No. 476. The city's former charter laws, Subparts A, B and C, were derived from the following chapters of Special Acts: 59-1187, 61-2021, 61-2021 B --D, F, 63-1233-A—G, J, 65-1406, 67-1230, 67-1231, 67- 1232, 69-961, 69-962, 70-636, and 71-590; as well as Ord. No. 389, adopted Feb. 3, 1972, and Res. No. 74-6, adopted March 12, 1974. As of the date of preparation of this Charter (March 1998), the Florida Statutes relating to matters that have been omitted from this Charter and to some matters that are mentioned in the Charter are as follows: Annual municipal audits are required by F.S. §§ 166.241 and 218.32; Authentication of charter amendments is governed by F.S. § 166.031; Borrowing authority is governed by F.S. §§ 166.101--166.141; Budget procedures are specified in F.S. § 200.065; Charter amendment procedures are also specified in F.S. § 166.031, Comprehensive plan is governed by F.S. § 163.316; Eminent domain is governed by F.S. §§ 166.401--166.411; Extraterritorial police powers are granted by F.S. § 901.25; Extraterritorial waterways are governed by F.S. §§ 298, 373, and 403; Finance and taxation are regulated by F.S. §§ 166.241 and 218.33; Millage is determined by F.S. § 200 and is limited by F.S. §§ 166.211, 195, 207, and F.S. Special Act 74-430; Obstruction of navigable waterways is prohibited by F.S. § 861; Ordinance procedures are prescribed by F.S. § 166.041; Recall procedures are prescribed in F.S. § 100.361; Standards of conduct for public officials is governed by F.S. §§ 112.311--112.313. Article I. Govemance Sec, 1.01. Powers, Sec. 1.02. Corporate limits. Sec. 1.03. Construction, Sec, 1.04. Applicability of State Law, Sec, 1.05. Extraterritorial powers - Article II. Legislative Sec. 2.01, City commission. Sec. 2,02, Eligibility and tlualifications. Sec, 2.03. Elections, how decided. Sec- 2.04 Forfeiture of office.!. Sec. 2.05. Judge of quafikatic)ns. Sec. 2.06- Filling of vacancies. Sec. 2-07 Generail powers and duties Sec, 2-03. Appointments, Sec, 2-09- Prohibitions - Sec, 2.10- Mayor Sec. 2-11 Compensation of Commission. Sec, 2.12. Commission Meeting. Article Illf. Administrative And Legal Sec, 3.01. City Manager Appointment, and Powers and Duties. Sec. 3.02. Acting city manager. Sec.. 3.03. City clerk. Sec. 3.04. City attorney. Sec. 3,05. Departments of the city. Article IV. Boards Sec. 4,01. Appointment of Boards. Sec.. 4.02. Board Operation and Membership - Sec. 4,03, Planning Board,. Sec. 4.04. Board of adjustment - Sec. 4.05. Code enforcement board and/or Special Master. Article V. Finance And Taxation Sec. 5.01. Submission of budget and budget message. Article VI. Planning, Zoning And Development http://library8.municode.com/default-test/DocVlew/13994/l/3 9/28/2009 PART I CHARTER* Page 2 of 2 Sec. 6,01. Residential density limits. Sec. 6,02. Banana River access, Sec. 6.03. Allanfic Ocean beach -access. Set;. 6.04. Building height limit, Sec. 6.06. Construction constrained corridor (State Road AIA). Sec. 6.06. Community Redeveliopmept Agency (CRA) refers, c „n: requirement See— 6.07 Comprehensive Plan adoption requirements Sexc, 6.08 Building height limit accommodation. Sec. 6.09. Non casualty foss rebuild. Sec. 6.10. Transfer or relinquishment of interest in real properly in which city has legal interest. Article VII. Initiative, Referendum And Recall Sec 7.01. General authority. Sec 7,02. Commencement of proceedings: petitioners' committee, affidavit. Sec. 7.03. Referendum petitions. Sec. 7.041 Procedures alter filing. Sec. 7.05. Action on petitions. Sec. 7.06. Results of referendum. Sec, 7.07, Recall Article VIII. General Provisions Sec 8.01. Charter amendments. Sec. 8.02. Separability, Article IX. Transition Schedule Sec, 9.01. Ordinances preserved. Sec. 9.02 Rights of empdcyc' es pend coia��7�iss or�e!rs. Sec. 9.03. Pending matters. V:»1►TAI:711111:11 We, the people of Cocoa Beach, Florida, do ordain and establish the Municipal Charter of 1959 and do further ordain that the City of Cocoa Beach and its government shall use this Charter to further the interest of all citizens of Cocoa Beach in the establishment of a low-density residential and family- oriented resort community with paramount consideration given to the health, safety, welfare, comfort, and quality of life for all its citizens. This is an amendment to the whole of the existing Charter of the City of Cocoa Beach, except that the boundaries thereof incorporated by Special Act 59-1187 and as amended by the following Special Acts: 61-2021, 63-1233, 65-1406, 67-1230, 67-1231, 67-1232, 69- 961, 69-962, 70-636, 71-590, and as amended by the Referendum of March 12, 1974 are retained. Any provisions of said Charter or Special Acts in conflict herewith are hereby repealed, (Ord. No. 1046, § 1, 7-21-1994; Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) http://library8, muni code, com/default- test/Do cView/13994/1/3 9/28/2009 ARTICLE I. GOVERNANCE Page l of 2 ARTICLE I. GOVERNANCE Sec. 1.01. Powers. The City of Cocoa Beach shall have all governmental corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may it exercise any power for municipal purposes as provided by law. This charter hereby establishes the separation between legislative and executive functions of the City of Cocoa Beach government. The establishment and adoption of policy shall be the responsibility of the City Commission. The execution of that policy shall be the responsibility of the City Manager. The provisions of this charter are not intended and shall not be construed to conflict with the Constitution of the State of Florida or with special law approved by vote of the electorate. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 1.02. Corporate limits. The existing boundaries and corporate limits of the City of Cocoa Beach are continued and may be amended from time to time as provided by law. The corporate boundaries are not included in the charter, but are on file in the office of the city clerk. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 1.03. Construction. The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in this charter shall not be construed as limiting in any way the general power stated in this article. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 1.04. Applicability of State Law. On all matters not specifically addressed in this charter the applicable laws (if any) of the State of Florida apply. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 1.05. Extraterritorial powers. The following extraterritorial powers, conferred on the City of Cocoa Beach by the State of Florida in 1959 and subsequent thereto, are continued: (a) To purchase, lease, receive and hold property, real, personal and mixed, without its corporate limits, and to lease, sell or otherwise dispose of the same for the benefit of the city. (b) To pass such ordinances as may be necessary to protect and preserve peace and http.//library8.muntcode.conVdefault-test(DocView/ 13994/1/3/4 9/28/2009 ARTICLE 1. GOVERNANCE Page 2 of 2 order upon all property owned, leased, managed or controlled by the city outside of its corporate limits. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) htip://Iibraryg.municode.comldefault-testJDoeView/13994/1/3/4 9/28/2009 ARTICLE 11. LEC ISLATJVE Pagel of 4 ARTICLE II. LEGISLATIVE Sec. 2.01. City commission. Composition. The city commission herein created shall consist of five (5) commissioners elected at large by the citizens. One of the commissioners shall stand for election as and shall be elected by the citizens as the mayor. Each commissioner, including the mayor, shall have the qualifications stated in Section 2.02, and each commissioner shall serve for a term of three (3) years or until a successor has been selected and qualified. (Ord. No. 635, § 1, 9-18-1980, ref. of 3-10-1981; Ord. No. 768, § 1, 9-6-1984, ref, of 11-6-1984; Ord. No. 1173, § 2, 9-17-1998, ref, of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 2.02. Eligibility and qualifications. Except as specifically restricted by this charter or state law any qualified voter of the city, having continuously resided in the city or any area annexed by the city for one (1) year immediately prior to filing as a candidate, shall be eligible to hold office as a member of the city commission. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 2.03. Elections, how decided. Election. An election among candidates for one (1) or more of the five (5) city commission seats shall be held each year on the first Tuesday after the first Monday in November. These elections shall be at large, and the designation of seats shall not be used or construed to divide the city into commission districts for purposes of qualification, election, or representation. Candidates in city general elections shall be elected by a plurality vote of those voting. If two (2) or more candidates qualify for one (1) seat, the candidate receiving the plurality of the vote cast for that seat shall be declared elected. If only one (1) candidate qualifies for a seat within the time limit for qualification, or if a vacancy in candidacy caused by death, withdrawal or removal from the ballot of qualified candidates, following the end of the qualifying period, which leaves fewer than two candidates for the office, that candidate shall be declared elected to that seat. If no candidate qualifies for a seat, or if all candidates for a seat either withdraw, are removed from the ballot or die, after the close of the qualifying period, but before the election, the term of the commissioner holding that seat shall be extended until the next regular election. (Ord. No. 635, § 3, 9-18-1980, ref. of 3-10-1981; Ord. No. 768, § 3, 9-6-1984, ref, of 11-6-1984; Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1174, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1477, § 1, 8-21-2008, ref. 11-4-2008; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 2.04. Forfeiture of office. Any member of the city commission who ceases to reside within the city or to have any of the qualifications herein imposed for members of the city commission shall forfeit the position of commissioner, and that seat shall immediately become vacant. If a commissioner is absent from four (4) consecutive regular meetings of the city commission, that commissioner shall forfeit that office, and http://Ilbrary8.municode.com/default-test/DocV]cw/13994/l/3/5 9/28/2009 ARTICLE II. LEGISLATIVE Page 2 of 4 the seat shall immediately become vacant, unless such absences are excused by resolution duly adopted by the city commission. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 2.05. Judge of qualifications. The city commission shall be the judge of the election and qualification of its members and of the grounds for forfeiture of their offices, and for those purposes shall have the power to subpoena witnesses, administer oaths, and require the production of evidence. A member of the city commission charged with conduct constituting grounds for forfeiture of the office held by such member shall be entitled to a public hearing on demand, and notice of such hearing shall be published at least one week in advance of the hearing. Decisions made by the city commission under this section shall be subject to review by the courts. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 2.06. Filling of vacancies. By a majority vote of its remaining members, the city commission may appoint a qualified person to fill any vacancy on the city commission, and such person shall serve until a successor is elected as provided for in this section. Such vacancy shall be subsequently filled by the voters for the remainder of the unexpired term, if any, at the next regularly scheduled election that occurs at least 90 days after the occurrence of the vacancy. If at any time the membership of the city commission is reduced to less than three (3), the governor shall fill such vacancies and the members of the city commission appointed by the governor shall serve until such vacancies are filled by election as provided in this section, Should there be a vacancy in the office of the mayor, the vice -mayor shall serve until such time as the vacancy is filled by election as provided in this section. The commission shall then appoint an actingvice-mayor. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1174, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1477, § 1, 8-21-2008, ref. 11-4-2008) Sec. 2.07. General powers and duties. All powers of the city shall be vested in the commission except as otherwise provided by law or this charter, and the commission shall provide for the exercise of such powers and for the performance of all duties and obligations imposed on the city by law. The affirmative vote of three (3) or more members of the city commission shall be required to adopt any action of the commission, except as may otherwise be provided by emergency management matter ordinances or as otherwise set forth in the charter. Voting requirements for the following are specified within the following charter sections: - Residential density limits - Section 6.01 - Building height limit - Section 6.04 - Community Redevelopment Agency - Section 6.06 - Comprehensive Plan adoption - Section 6.07 - Transfer and relinquishment of interest in real property - Section 6.10 - Amend Results of Referendum - Section 7.06. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1236, §§ 1-4, 6-1-2000, ref. of 11-7-2000; http://llbrary8.mun[code.com/default-test/DocVlew/13994/l/3/5 9/28/2009 ARTICLE II. LEGISLATIVE Page 3 of 4 Ord, No. 1483, § 1, 8-21-2008, ref, of 11-4-2008) Sec. 2.08. Appointments. The city commission shall appoint the city manager, or remove the city manager, the city attorney, and the members of all city boards and special committees. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 2.09. Prohibitions. (a) Holding other office. Except for service on special committees, no commissioner shall hold any other nonelected city office or city employment during the term for which such commissioner is elected. No former commissioner shall hold city employment for a period of one (1) year after the expiration of a term as commissioner. (b) Appointments and removals. Neither the commission nor any of its members shall in any manner dictate the appointment or removal of any city employee whom the city manager (or] the subordinates of the city manager are empowered to appoint. (c) Interference with administration. Except for the purpose of commission inquiries and investigations, the commission and its members shall deal with city employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the commission nor its members shall give orders to any such employee, either publicly or privately. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1174, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 2.10. Mayor. The mayor shall preside at all meetings of the city commission and shall perform any other duties delegated to the mayor by the city commission. In support of the actions of the commission, the mayor shall be recognized as the head of the city government by the citizens for all ceremonial purposes, by the governor for purposes of military law, by the courts for service of process, execution of contracts, deeds, and other documents, and by all other governmental agencies as the city official designated to represent the city in all agreements with them. During the temporary absence from the city or during the temporary disability of the mayor, the mayoral duties shall be exercised by a vice -mayor, who shall be elected by the city commission from its own members at its annual organizational meeting. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 2.11. Compensation of Commission. The salary of the members of the City Commission shall be established and changed by ordinance. The Mayor may receive a salary of not more than one hundred dollars ($100.00) per month in excess of that paid other members of the City Commission, but no salary shall exceed five hundred dollars ($500) per month not including the cost of living increases. The City Commission may provide, from time to time, for the salary limits in this section to be increased by a factor not exceeding the cost of living be defined by ordinance. (Ord. No. 1173, § 2, 9-17-1998, ref, of 11-3-1998; Ord. No. 1174, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) htip://library8.mun1code.con/defauIt-test/DoeView/13994/1/3/5 9/28/2009 ARTICLE 1I. LEGISLATIVE Page 4 of 4 Sec. 2.12. Commission Meeting. The dates and times of regular meetings of the city commission shall be established by ordinance, provided that there shall be no fewer than one (1) regular meeting each month. (Ord. No. 768, § 4, 9-6-1984, ref. of 11-6-1984; Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1174, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) http://Iibra y8.mun,ieode,com/default-test/DocView/13994/1/3/5 9/28/2009 ARTICLE III. ADMINISTRATIVE AND LEGAL Page 1 of 2 ARTICLE III. ADMINISTRATIVE AND LEGAL Sec. 3.01. City Manager Appointment, and Powers and Duties. There shall be a city manager who shall be responsible to the commission for the administration of all city affairs. The city manager shall be appointed by the city commission and shall serve at the pleasure of the city commission. The compensation of the city manager shall be fixed by the commission. The city manager shall: (1) Execute the laws and administer the government of the city except as limited in this charter. (2) Appoint and remove any employee of the city except as otherwise provided by this Charter. The city manager may authorize department directors to appoint and remove subordinates in their departments, unless these powers are otherwise limited by law. (3) Prepare the budget annually and submit it to the city commission on or before the first day of August. (4) Prepare and submit to the city commission, as of the end of the fiscal year, a complete report on finances and administrative activities of the city, including the annual audit for the preceding year. (5) Keep the city commission advised of the financial condition and future needs of the city and make such recommendations as may seem desirable. (6) Perform such other duties as may be prescribed by this charter or may be required by the city commission consistent with the Charter. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref, of 11-4-2008) Sec. 3.02. Acting city manager. By letter filed with the commission, the city manager shall designate, subject to the approval of the commission, a qualified city employee to exercise the powers and to perform the duties of city manager during a temporary absence or disability; provided, however, the appointment shall not be for a period longer than thirty (30) days. During such absence or disability, the commission may revoke such designation at any time and thereupon shall appoint another qualified person to serve until the city manager returns or the disability ends. In the event of the failure of the city manager to make such designation, or in the event the city manager position is vacant or the city manager is absent or disabled for a period longer than thirty (30) days, the city commission may appoint a qualified person to perform the duties of the city manager until the position is filled or the city manager returns or the disability ends. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1478, § 1, 8-21-2008, ref. of 11-4-2008; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 3.03. City clerk. There shall be an employee of the city who shall have the title of city clerk. The city clerk shall be appointed and removed by the city manager, subject to approval of the city commission, and shall http://Ibrary8.municode.com/default-test/DocView/13994/1/3/6 9/28/2009 ARTICLE III. ADMINISTRATIVE AND LEGAL Page 2 of 2 be under the direction and supervision of the city manager. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 3.04. City attorney. The city commission shall appoint a city attorney who shall act as legal adviser to and attorney for the city, the city commission, and the city manager in matters relating to their official duties. The city attorney shall be a lawyer admitted in and having authority to practice in all the courts of the state. The commission shall have the power and authority to employ or contract for other legal services when necessary to carry out the duties and responsibilities of the city government. The City Attorney shall serve at the pleasure of the City Commission. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 3.05. Departments of the city. The city shall maintain such departments as are necessary to the efficient operation of the city. The city commission may, by majority vote, establish, subdivide, consolidate, rename, or abolish departments. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord, No. 1479, § 1, 8-21-2008, ref. 11-4-2008; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) http://llbrary8.municode.com/default-test[DocVlew/13994/1/3/6 9/28/2009 ARTICLE IV. BOARDS Page I of 1 ARTICLE IV. BOARDS Sec. 4.01. Appointment of Boards. The City Commission may appoint Boards to encourage citizens involvement and solicit input for City programs and services. (Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 4.02. Board Operation and Membership. The functions of boards shall be defined by ordinance. Members of boards shall be voters of the city who volunteer for such service. People may serve on only one board at a time. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 4.03. Planning Board. The city commission shall establish an independent planning board of not less than five (5) members (a) to serve as the city's comprehensive planning agency, (b) to review permits and land development within the city to assure that they conform to the city's building and zoning ordinances and comprehensive plan, (c) to monitor the city's growth and the adequacy and effectiveness of its zoning regulations, and (d) to oversee the periodic evaluation and amendment of the city's comprehensive plan as required by state law. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 4.04. Board of adjustment. The city commission shall establish an independent, board of adjustment of not less than five (5) members to hear and decide appeals from any administrative decision in enforcement of the zoning ordinance and to grant special exceptions to and variances from the zoning ordinance when justified. Decisions of the board of adjustment shall not be subject to review or alteration by the city commission. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 4.05. Code enforcement board and/or Special Master. The city commission shall establish a code enforcement board and/or special master to assists the City in enforcing laws that provide for the protection of the health, safety and welfare of the citizens. The board and or special master exercise the requirements provided in the State Statutes. (Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) http://Iibrary8.municodc.com/dcfault-tcst/DocVlew/13994/l/3/7 9/28/2009 ARTICLE V. FINANCE AND TAXATION Page 1 of 1 ARTICLE V. FINANCE AND TAXATION Sec. 5.01. Submission of budget and budget message. On or before the first day of August of each year, the city manager shall submit to the city commission a budget for the ensuing fiscal year and an accompanying explanatory message. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) http:IAibrary8.mun1code.com/dcfauIt-test/DocView/13994/1/3/8 9/28/2009 ARTICLE VI. PLANNING, ZONING AND DEVELOPMENT Page 1 of 3 ARTICLE VI. PLANNING, ZONING AND DEVELOPMENT Sec. 6.01. Residential density limits. No part of the City of Cocoa Beach shall be zoned to a residential density greater than ten (10) dwelling units per acre for permanent occupancy dwellings, or twenty-eight (28) units per acre for transient accommodations (motels, hotels). There shall be no fractional weighting of dwelling units. The city commission may grant a variance to individual parcels upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship. To grant such a variance, the city commission must make findings of fact that the petitioner has met the legal standards for variance set forth in the City of Cocoa Beach Code of Ordinances, and the variance must be approved by a concurring vote of four (4) members of the City Commission after due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city commission indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city commission as expeditiously as possible, but not earlier than thirty (30) days from the day of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for such variance shall be in accordance with the provisions for variance as set forth in the City of Cocoa Beach Code of Ordinances. Transient accommodations shall not be converted to permanent occupancy at densities exceeding the limits of this section. Except as provided for in Section 6.09 of this Charter or as set forth below, structures if razed shall be replaced only by structures which, if residential, conform to density limits of this section. No owners of dwelling units destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same number of dwelling units in the same location. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1253, § 6.01, 9-21-2000, ref. of 11-7-2000; Ord. No. 1342, § 1, 9-5-2002, ref. of 11-5-2002; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Editor's note: Sections 2-58 and 2-59 of Chapter 2, Article VI of the Code of Ordinances, referred to in § 6.01 above, were repealed by Ord. No. 1349, § 4, adopted Feb. 20, 2003. Current provisions relative to variances are set out within Chapter V, Articles II I and VI, of the Cocoa Beach Land Development Code. Sec. 6.02. Banana River access. No bridge, causeway, or other structure shall be built in or over any navigable channel within the city if such denies unrestricted access to the channel of the Banana River from any waterfront land located within the city. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 6.03. Atlantic Ocean beach -access. Public access to the Atlantic Ocean beach shall not be reduced by vacating beach -access streets. (Ord. No. 639, § 1, 11-20-1980, ref. of 3-10-1981; Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) http://l1brary8.mun1code.com/default-test/DocV 1 ew/13994/]/3/9 9/28/2009 ARTICLE VI. PLANNING, ZONING AND DEVELOPMENT Page 2 of 3 Sec. 6.04. Building height limit. No structure, no part of any structure, and no attachment to any structure shall be erected to a height greater than forty-five (45) feet above crown of abutting road. Structures, if razed, shall be replaced only by structures which conform to the height limits of this section. No owners of structures destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same height in the same location. The city commission may grant a variance to individual parcels upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship, To grant such a variance, the city commission must make findings of fact that the petitioner has met the legal standards for variance as set forth in the City of Cocoa Beach Code of Ordinances, and the variance must be approved by a concurring vote of four (4) members of the city commission after due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city commission indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city commission as expeditiously as possible, and not earlier than thirty (30) days from the day of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for variance set forth in the City of Cocoa Beach Code of Ordinances. (Ord. No. 694, § 1, 3-18-1982; Ref. of 1-20-1998; Ord, No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1343, § 1, 9-5-2002, ref. of 11-5-2002; Ord. No. 1483, § 1, 8-21-2008, ref, of 11-4-2008) Editor's note: Sections 2-58 and 2-59 of Chapter 2, Article VI of the Code of Ordinances, referred to in § 6.04 above, were repealed by Ord. No. 1349, § 4, adopted Feb. 20, 2003. Current provisions relative to variances are set out within Chapter V, Articles II I and Vi, of the Cocoa Beach Land Development Code. Sec. 6.05. Construction constrained corridor (State Road Al A). No project to widen State Road Al A in the City of Cocoa Beach to contain more than four (4) through lanes shall be endorsed by the city commission without first being approved by a fifty-five per cent favorable vote of all votes cast by the qualified voters of the city. (Ref, of 11-5-1991; Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 6.06. Community Redevelopment Agency (CRA) referendum requirement. The City of Cocoa Beach shall not establish or retain a Community Redevelopment Agency as defined by Florida Statute without obtaining the approval of a majority of the qualified voters casting ballots in a referendum. (Res. No. 99-12, 6-3-1999, ref. of 5-18-1999; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 6.07. Comprehensive Plan adoption requirements. Any adoption or amendment to the City of Cocoa Beach Comprehensive Plan, with the exception of issues increasing permissible building and structure height or allowable development density and/or intensity, shall require an affirmative vote by four (4) city commissioners. Any city comprehensive plan adoption or amendment that addresses increasing permissible building and structure height or allowable development density and/or intensity shall require an affirmative vote by five (5) city commissioners. (Ord. No. 1344, § 1, 9-5-2002, ref. of 11-5-2002; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) http://library8.municode.com/default-test/DocView/13994/i /3/9 9/28/2009 ARTICLE VI. PLANNING, ZONING AND DEVELOPMENT Page 3 of 3 Editor's note: Ord. No. 1344, § 1, adopted Sept. 5, 2002, and approved at referendum Nov. 5, 2002, added new provisions to the Charter as § 6.07. As other provisions existed within the Charter as § 6.07, the provisions of Ord. No. 1344 have been redesignated as § 6.08 at the discretion of the editor. Sec. 6.08. Building height limit accommodation. Where required to meet federal, state, or focal law to provide a wash through or similar grade level passage for storm surges, existing buildings lost to a casualty event may be rebuilt to the existing height as previously provided plus up to the height of the wash through if necessary to maintain the same density with the same habitable area or gross square footage. (Ord. No. 1365, § 1, 9-4-2003, ref. of 11-4-2003; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 6.09. Non casualty loss rebuild. Residential and non-residential structures may be razed and rebuilt to their existing height and density as previously provided to same extent as if they were lost to a casualty event, and as may be provided in the city comprehensive plan. (Ord. No. 1366, § 1, 9-4-2003, ref, of 11-4-2003; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 6.10. Transfer or relinquishment of interest in real property in which city has legal interest. Unanimous approval of all city commissioners shall be required for the transfer or relinquishment of any interest in any real property in which the city has a legal interest. (Ord. No. 1245, §§ 1--3, 8-3-2000, ref. of 11-7-2000; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) http://tibraryg.municode.com/default-tesL/DocVtew/13994/l/3/9 9/28/2009 ARTICLE VII. INITIATIVE, REFERENDUM AND RECALL Page I of 3 ARTICLE VII. INITIATIVE, REFERENDUM AND RECALL Sec. 7.01. General authority. The qualified voters of the city shall have the power to propose new ordinances or to propose the amendment or repeal of existing ordinances to the commission. If the commission fails to adopt an ordinance or amendment so proposed, without any change in substance, or fails to repeal an ordinance in response to such a request, the voters shall have the power to petition it to referendum at a regular or special election. Such power shall not extend to the budget or capital program, to any emergency ordinance, or to any ordinance relating to the appropriation of money, the levy of taxes, or the salaries of city employees. (Ord. No. 1173, § 2, 9-17-1998, ref, of 11-3-1998) Sec. 7.02. Commencement of proceedings; petitioners' committee; affidavit. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit (a) stating they will constitute the petitioners' committee, (b) stating they will be responsible for circulating the petition and filing it in proper form, (c) stating their names and addresses, (d) specifying the address to which all notices to the committee are to be sent, and (e) setting out in full the proposed initiative ordinance or the proposed amendment or repeal action relating to an existing ordinance. The city clerk shall promptly file the affidavit with the city manager so that it can be placed on the agenda for the next commission meeting. If the proposed ordinance is in the correct form and is compatible with the city charter and general and special law, the commission shall promptly consider the proposal on its merits and substance. If deficiencies of form or legality exist, the proposal shall be returned to its sponsors for correction and resubmission. If the commission delays or rejects or changes or refuses to consider a proposed ordinance or amendment or repeal request for reasons which fail to satisfy its sponsors, the proposed ordinance or amendment or repeal request may be submitted to referendum by petition. Production of petition forms and validation of signatures shall be the responsibility of the petitioners' committee. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 7.03. Referendum petitions. (a) Number of signatures. Referendum petitions must be signed by qualified voters of the city equal in number to at least ten per cent (10%) of the registered voters at the most recent city election. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or shall have attached to them throughout their circulation the full text of the proposed ordinance, amendment, or repeal request. (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by its circulator stating that the circulator, personally circulated the paper, giving the number of signatures on the paper, and stating that all the signatures were affixed in the circulator's presence, that the circulator believes them to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the proposed ordinance, amendment, or repeal request. http://library8.municode.com/default-test/DocView/13994/1/3/10 9/28/2009 ARTICLE VII. INITIATIVE, REFERENDUM AND RECALL Page 2 of 3 (Ord. No. 1173, § 2,9-17-1998, ref. of 11-3-1998) Sec. 7.04. Procedures after filing. (a) Certificate of clerk; amendment. Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars in which it is defective, and shall within two working days send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk within two (2) days after receiving the copy of the certificate and if the petitioners' committee files a supplementary petition upon additional papers within ten (10) days after receiving the copy of the certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 7.03. Within five (5) days after a supplementary petition is filed, the clerk shall complete a certificate as to the sufficiency of the petition as amended and shall promptly send a copy of such certificate to the petitioners' committee by registered mail. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or to request commission review under subsection (b) of this section within the time required, the clerk shall promptly present the certificate to the commission, and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Commission review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that the petition be reviewed by the commission. The commission shall review the petition and its accompanying certificate at its next meeting following the filing of such request and shall approve or disapprove it. The commission's determination shall then be a final determination as to the sufficiency of the petition. (c) Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 7.05. Action on petitions. When a referendum petition has been finally determined sufficient, the commission shall promptly consider the proposed ordinance, amendment, or repeal request. If the commission fails to adopt a proposed ordinance or amendment without any change in substance or if it fails to repeal the ordinance requested within sixty (60) days after the date the petition was finally determined sufficient, the commission shall submit the proposed ordinance, amendment or repeal request to the voters of the city at a special or regular election which shall be held not more than one hundred twenty (120) days following the date upon which the commission ordered the matter submitted to the voters. (Ord. No. 1173, § 2, 9-17-1998, ref, of 11-3-1998) Sec. 7.06. Results of referendum. If a majority of the qualified voters voting in a referendum on a proposed ordinance or ordinance amendment vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the commission, provided, however, that the same shall not be amended or repealed except by a vote of http://library8.municode.com/defautt-test/DocView/13994/1/3/10 9/28/2009 ARTICLE VII, INITIATIVE, REFERENDUM AND RECALL Page 3 of 3 four (4) members of the commission. If a majority of the qualified voters voting in a referendum on a request to repeal an existing ordinance vote in favor of repeal, the ordinance shall be considered repealed upon certification of the election results. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998) Sec. 7.07. Recall. Recall of commissioners shall be permitted in accordance with the provisions of the state statute covering recall of municipal governing body members. (Ord. No. 1173, § 2, 9-17-1998, ref, of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) http://Iibraryg.mun1code.com/default-test/DocView/13994/1/3/10 9/28/2009 ARTICLE VIII. GENERAL PROVISIIONS ARTICLE VIII. GENERAL PROVISIONS Sec. 8.01. Charter amendments. This charter may be amended in two (2) ways: Page I of I (a) Initiation by ordinance. The commission may, by ordinance, propose amendments to any part or all of this charter, except prescribing boundaries, and upon passage of the initiating ordinance shall place the proposed amendment on the ballot at the next regular election held within the city. Amendment of boundaries resulting from annexation done in accordance with general law shall be by ordinance of the commission and shall not be subject to a vote of the voters except as provided by general law. (b) Initiation by petition. The voters of the city may propose amendments to this charter by petition using the procedure specified in Section 7.03 for referendum petitions. Upon certification of the sufficiency of the petition as provided in Section[s] 7.04(a) and (b), the commission shall submit the proposed amendment to the voters at a special or regular election which shall be held not more than one hundred twenty (120) days following the date upon which the commission ordered the matter submitted to the voters. (c) Results of referendum. If a majority of the qualified voters voting in a referendum on a proposed charter amendment vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as other sections of the charter. (Ord. No. 1173, § 2, 9-17-1998, ref, of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 8.02. Separability. If any section or part of a section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or partial section so held invalid may appear, except to the extent that an entire section or a partial section may be inseparably connected in meaning and effect with the section or partial section to which such holding shall directly apply. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref, of 11-4-2008) http://llbrary8.muntcode.com/default-testiD�ocVlew/13994/1/3/11 9/28/2009 ARTICLE IX. TRANSITION SCHEDULE Page 1 of 1 ARTICLE IX. TRANSITION SCHEDULE Sec. 9.01. Ordinances preserved. All ordinances in effect upon the adoption of this charter, to the extent not inconsistent with it, shall remain in force until repealed or changed, (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 9.02. Rights of employees and commissioners. Nothing in this charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are city employees at the time of adoption. Elected commissioners shall continue to hold their offices and discharge the duties of those offices until their successors are elected. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) Sec. 9.03. Pending matters. All rights, claims, actions, orders, contracts, and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of this charter. (Ord. No. 1173, § 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1483, § 1, 8-21-2008, ref. of 11-4-2008) http://Ilbrary8.mun1code.com/default-tcst[D,oeView/13994/l/3/12 9/28/2009 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... CODE OF ORDINANCES City of ROCKLEDGE, FLORIDA Codified through Ordinan... Pagel of 7 Preliminaries CODE OF ORDINANCES City of ROCKLEDGE, FLORIDA Codified through Ordinance No. 1518-09, enacted Feb. 18, 2009. (Supplement No. 22) CODE OF ORDINANCES CITY OF ROCKLEDGE, FLORIDA Addopted, April 15, 1981 Effective, June 15, 1981 Republished, April, 1991 Published by Order of the City Council Published by Municipal Code Corporation Tallahassee, Florida 1991 OFFICIALS of the CITY OF ROCKLEDGE, FLORIDA AT THE TIME OF THIS CODIFICATION John J. Oates Mayor Robert A. Anderson E. Georgia Phillips Larry L. Schultz Richard K. Blake http://IibraryS.municode,corn/default-now/DocVtcw/10328/1/2 9/28/2009 CODE OF ORDINANCES City of ROCKLEDGE, FLORIDA Codified through Ordinan... Page 2 of 7 Lee Wenner Joe Lee Smith City Council James P. McKnight City Manager Walter C. Shepard City Attorney Dorathea S. Hamilton City Clerk PREFACE This Code constitutes a complete recodification of the ordinances of the City of Rockledge of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included herein or recognized as continuing in force by reference thereto. Source materials used in the preparation of the Code were the 1964 Rockledge Code as supplemented through August 3, 1977, and ordinances subsequently adopted by the governing body. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Tables appearing in the back of the volume, the reader can locate any section of the 1964 Code and any subsequent ordinance included herein. The Code was republished in 1991 pursuant to the enactment of Ordinance No. 984-90, adopted November 21, 1990, which revised the Code by separating it into two parts. Volume II, containing the Land Development Regulations of the city, has been published separately. The remaining codified ordinances of the city, not included in the Land Development Regulations, are included herein. As part of the republication, provisions transferred to the Land Development Regulations have been deleted, and the remaining chapters and sections renumbered consecutively. Sections of the Code repealed prior to the republication have been deleted without notation. The previous section numbers of those sections included in the 1991 republication may be found in the Code Comparative Table --1991 Code, located in the back of this volume. The chapters of the Code are arranged in alphabetical order and the sections within each chapter catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within the Code volume is included at the back of this volume. Numbering System The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter f is numbered 1-1 and the fourth section of Chapter 9 is numbered 9-4. Under this system, each section is identified with its chapter, and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 5-4 and 5-5 is desired to be http;// ibrary8.muotcode.com/default-now/DocV ew/ 10328/1 /2 9/28/2009 CODE OF ORDINANCES City of ROCKLEDGE, FLORIDA Codified through Ordinan... Page 3 of 7 added, such new sections would be numbered 5-4.1, 5-4.2 and 5-4.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.1. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division. Index The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology and still others in language generally used by government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested. Looseleaf Supplements A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up to date periodically. Upon the final passage of amendatory ordinances, they will be property edited and the page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in section 6 of the Adopting Ordinance. The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgements The publication of the Code was under the direct supervision of George R. Langford, President, and C. Julian Manson of the editorial staff, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publishers are most grateful to the City Attorney, Mr. Walter C. Shepard; the City Manager, Mr. John A. Hipp; and numerous other city officials for their cooperation and assistance during the progress of the work on this Code. TABLE INSET: MUNICIPAL CODE CORPORATION Tallahassee, Florida ORDINANCE NO. 585-81 An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Rockledge, Florida; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein, Except as Herein Expressly Provided; Providing for the Manner of Amending Such Code of Ordinances; Providing a Penalty for the Violation Thereof; and Providing When Such Code and this Ordinance Shall Become Effective. Be It Ordained by the City Council of the City of Rockledge: Section 1. That the Code of Ordinances compiled for the City of Rockledge, Florida, by bttp:/A brary8.municode.com/default-now/DocView/10328/1/2 9/28/2009 CODE OF ORDINANCES City of ROCKLEDGE, FLORIDA Codified through Ordinan... Page 4 of 7 Municipal Code Corporation, Tallahassee, Florida, consisting of Chapters 1 through 25, inclusive, be and the same is hereby adopted and enacted as the "Rockledge Code of Ordinances" and shall be treated and considered as a new and original comprehensive ordinance of the City of Rockledge which shall supersede all other general and permanent ordinances of the City passed and adopted by the City Council on or before September 3rd, 1980, except such ordinances or parts of ordinances as are by reference thereto expressly saved from repeal or continued in force and effect for any purpose. Three copies of said Code of Ordinances have been on file in the office of the Rockledge City Clerk for more than 10 days next prior to the adoption of this Ordinance and shall remain there on file available for public use, inspection and examination. Section 2. By the adoption of said Code of Ordinances, there are hereby also adopted by reference the following uniform codes and standards, except for certain deletions, additions, amendments or changes thereto specified in the text of said Code of Ordinances: Standard Building Code, 1979 Edition, promulgated by the Southern Building Code Conference International, Inc. Standard Housing Code, 1979 Edition, promulgated by the said Southern Building Code Conference. Standard Plumbing Code, 1979 Edition, promulgated by the said Southern Building Code Conference. Standard Swimming Pool Code, 1979 Edition, promulgated by the said Southern Building Code Conference. Standard Gas Code, 1979 Edition, promulgated by the said Southern Building Code Conference. The National Electrical Code, 1978 Edition, promulgated by the National Fire Protection Association. Standard Mechanical Code, 1979 Edition, promulgated by the said Southern Building Code Conference. Life Safety Code, 1973 Edition, also known as NFPA No. 101, 1973 Edition, or Volume 4 of the National Fire Codes, promulgated by the National Fire Protection Association. Southern Standard Fire Prevention Code, 1974 Edition, promulgated by the Southern Building Code Congress. Standards for the Installation of Sprinkler Systems, 1974 Edition, also known as NFPA No. 13, 1974 Edition, or Volume 6 of the National Fire Codes, promulgated by the National Fire Protection Association. Standards for the Installation of Standpipe and Hose Systems, 1974 Edition, also known as NFPA No, 14, 1974 Edition, or Volume 7 of the National Fire Codes, promulgated by the National Fire Protection Association. Standards for the Installation of Portable Fire Extinguishers, 1974 Edition, also known as NFPA No. 10, 1974 Edition, or Volume 8 of the National Fire Codes, promulgated by the National Fire Protection Association. Three copies of such codes and standards have been on file in the office of the Rockledge City Clerk for more than 10 days next preceding the adoption of this Ordinance and the same shall remain there on file available for public use, inspection and examination. Violations of such codes and standards shall be punished as provided in Section 10 of this Ordinance and Section 1-8 of the Code of Ordinances adopted hereby. Section 3. By the adoption of said Code of Ordinances, there are hereby also adopted by reference the following statutory laws: http://library8.municode.com/defautt-now/DocVlew/10328/1/2 9/28/2009 CODE OF ORDINANCES City of ROCKLEDGE, FLORIDA. Codified through Ordinan.... Page 5 of 7 Section 553.89, Florida Statutes, entitled the "Florida Lighting Efficiency Code." Part VII of Chapter 553, Florida Statutes, cited as the "Florida Thermal Efficiency Code," except paragraph (f) of subsection (1) of Section 553.902. Violations of such statutory laws shall be punished as provided in Section 10 of this Ordinance and Section 1-8 of the Code of Ordinances adopted hereby. Section 4. That all provisions of such Code of Ordinances shall be in full force and effect from and after the 15th day of June, 1981, and all ordinances of a general and permanent nature of the City of Rockledge, enacted on final passage on or before September 3rd, 1980, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the 15th day of June, 1981, except as hereinafter provided. No resolution not specifically mentioned is hereby repealed. Section 5. The repeal provided for in Section 4 shall not affect any offense or act committed or done or any penalty or forfeiture incurred or imposed before the effective date of this Ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City; nor shall such repeal affect the administrative ordinances or resolutions of the City Council, not in conflict or inconsistent with the provisions of such Code of Ordinance; nor shall such repeal affect any right of franchise granted by any ordinance or resolution of the City Council to any person, firm or corporation; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening or establishing grades of any street or public way in the City; nor shall such repeal affect the annual appropriation ordinance; nor shall such repeal affect any ordinance levying or imposing taxes not included herein; nor shall such repeal affect any ordinance or resolution relating to salaries of City employees; nor shall such repeal affect any ordinance providing for local improvements and levying special assessments therefor; nor shall such repeal affect any ordinance dedicating or accepting any plat or subdivision in the City; nor shall such repeal affect any ordinance extending the boundaries of the City; nor shall such repeal affect any ordinance or resolution establishing, re-establishing or modifying the boundaries of zoning districts, or changing the zoning classification of any lot or parcel of land. Each of the above-mentioned ordinances shall in no way be repealed by this Ordinance except as the same may be in conflict with the provisions of such Code of Ordinances. In addition to the foregoing, Chapters 24 and 32 of the Rockledge Code adopted by Ordinance No. 142-64 of the City of Rockledge, as said Chapters and the provisions thereof have been amended and exist at the time of the adoption of this Ordinance, are hereby continued in full force and effect and are not repealed by this Ordinance. Any person violating any provision of said Chapters 24 or 32 shall be punished as provided therein if a penalty is provided for therein, and if no specific penalty is therein provided for, the violation of any provision of said Chapters 24 or 32 shall be punished as provided in Section 10 of this Ordinance. Section 6. That any and all additions or amendments to such Code of Ordinances, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code of Ordinances, so that reference to the "Rockledge Code of Ordinances" shall be understood and intended to include such additions and amendments. Section 7. A copy of such Code of Ordinances shall be kept on file in the office of the City CLerk preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by her, to insert in such copy in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code of Ordinances when the same have been printed or reprinted in page form, and to extract from such Code of Ordinances all provisions which may be from time to time repealed by the City Council. This copy shall be available for all persons desiring to examine the same. Section 8. That it shall be unlawful for any person to change or alter, by additions or deletions, any part or portion of such Code of Ordinances, or to insert or delete pages or portions thereof, or alter or tamper with such Code of Ordinances in any manner whatsoever which will cause the law of the City litt,p://Iibrary8.mun'tc,ode.com/defauit-now/DocView/10328/l/2 9/28/2009 CODE OF ORDINANCES City ofROCKLEDGE,, FLORIDA Codified through Ordinan... Page 6 of 7 to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 10 of this Ordinance. Section 9. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of such Code of Ordinances are severable and if any phrase, clause, sentence, paragraph or section of such Code of Ordinances shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of such Code of Ordinances. Section 10. That whenever in such Code of Ordinances an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code of Ordinances the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any provision of such Code of Ordinances shall be punished as follows: 1. Where the particular act or default constituting a violation of such Code of Ordinances also constitutes a violation of any law of the State of Florida, such violation shall be punished in the same manner and within the same limits as are provided for such violation. 2. Where the act or default does not also constitute a violation of a state law, it shall be punished by a fine of not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment, all as provided in Section 1-8 of such Code of Ordinances. Section 11. That in case of the amendment of any section of such Code of Ordinances for which a penalty is not provided, the general penalty as provided in Section 10 of this Ordinance and Section 1-8 of such Code of Ordinances shall apply to the section as amended, or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically declared inapplicable therein. Section 12. That in addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of such Code of Ordinances shall be deemed a public nuisance and may be by the City abated as provided by law, and each day such condition shall continue shall be regarded as a new and separate offense. Section 13. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 14. That this Ordinance and the Code of Ordinances adopted hereby shall become effective on the 15th day of June, 1981. ADOPTED at a regular meeting of the City Council of the City of Rockledge, Florida, this 15th day of April, 1981. /s/ Chairman, City Council of the City of Rockledge, Florida ATTEST: /s/ Dorathea S. Hamilton City Clerk APPROVED: /s/ John H. Oates Mayor 1st READING APR, 1, 1981 http,://I1brary8.mun1code.con-/defauIt--now/D,oeView/ 10328/l/2 9/28/2009 CODE OF ORDINANCES City of ROCKLEDGE, FLORIDA Codified through Ordinan... Page 7 of 7 2nd READING APR. 15, 1981 3rd READING NIA http://library8_municode.com/default-now/DocView/10328/1/2 9/28/2009 PART T CHARTER AND RELATED LAWS* Page i of I PART I CHARTER AND RELATED LAWS* *Editors note: Printed herein is the Charter of the City of Rockledge, put forth to voters by Ordinance No. 1283-02, adopted August 28, 2002 and implemented by a referendum on November 5, 2002 incorporating all special acts and ordinances since the initial enactment of the Charter by the Laws of Fla. 1925, Ch. 11094, approved June 3, 1925. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. A uniform system of capitalization has been used. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state stautes has been used. Additions made for clarity are indicated by brackets. Part I of this volume represents an attempt to present this special legislation in a clear and yet legally accurate manner, and for that purpose is divided into three subparts. Subpart B hereof contains the special acts relating to the city which are still effective or might be of historical interest, as well as the ordinances of the city which, while not amendatory to any specific special act, are of a charter nature and were subject to referendum. This subpart has been divided into articles and sections by the editors, and arbitrary section numbers have been provided to facilitate indexing. However, the source of each section is cited following the section. Where possible, an effort has been made to keep each act or ordinance in this subpart as a separate section and to retain the format of the act or an ordinance within the section. As was the case in Subpart A, bracketed material and boldfaoe catchlines are unofficial. Lastly, Subpart C of this Part I contains a table showing special acts which related to or affected the city but which it is felt are of no continuing interest and therefore have not been set out herein. This table also gives in general terms the subject matter of the omitted act and the reason for its omission. Art. I. Powers of the City, §§ 1.01-1.03 Art II. City Council, §§ 2.01-2.11 Art. III. City Manager, §§ 3.01-3.04 Art. IV. Departments, Offices and Agencies, §§ 4.01-4.04 Art. V. Financial Procedures, §§ 5.01-5.04 Art. VI. Elections, § 6.01 Art. VII. Ethics, §§ 7.01-7.03 Art. VIII. Charter Amendment, § 8,01 Art. IX. Transition/Separability Provision, §§ 9.01--9.06 Attachment 1. City of Rockledge—City Limits http://Iibrary8.municode,com/default-now/DocVlew/10328/1/3 9/28/2009 Subpart A CHARTER OF THE CITY OF ROCKLEDGE Subpart A CHARTER OF THE CITY OF ROCKLEDGE ARTICLE I. POWERS OF THE CITY Section 1.01. Powers of the city. Page I of 1 The city shall have all powers possible for a city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. Section 1.02. Construction. The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this article. Section 1.03. Intergovernmental relations. The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or any state civil division or agency, or the United States or any of its agencies. http:/Albrary8.municode.com/default-now/DoeView/10328/1/4/5 9/28/2009 ARTICLE II. CITY COUNCIL ARTICLE II. CITY COUNCIL Section 2.01. General powers and duties. Page 1 o(4 All powers of the city shall be vested in the city council, except as otherwise provided by law or the charter, and the city council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Section 2.02. Composition, eligibility, election and terms. (a) Composition. There shall be a city council composed of the mayor and six members; the city council members shall be elected by the voters of the city at large and the mayor shall be elected as provided in § 2.03. (b) Eligibility. Only registered voters residing in the city shall be eligible to hold the office of city councilmember or mayor. (c) Election and Terms. The annual election of officers for the City of Rockledge shall be held on the first Tuesday after the first Monday in November of each and every year, at which time the following officers shall be elected: Two city councilmembers to fill the two city council seats open to election each year; a mayor in the years when that office is open to election; and such vacancies in the city council or the office of mayor as shall exist and be open to election under the provisions of this charter. Candidates shall run for office without party designation. Each city councilmember shall be elected for and hold office for a term of three years, except that the term of office of a city councilmember elected in a runoff election following a general city election shall expire on the date when such city councilmember's term of office would have expired in the event such city councilmember had been elected to office at the general election when the tie occurred. Two city councilmembers shall be elected each year and the mayor shall be elected every third year in accordance with the following schedule: TABLE INSET: 2004 General City Election: City Council Seat No. 1 and City Council Seat No. 2 2005 General City Election: City Council Seat No. 3, City Council Seat No. 4, and the Mayor 2003 General City Election: City Council Seat No. 5 and City Council Seat No. 6 Candidates for the office of city councilmember shall qualify and run for election to only one specifically identified city council seat. There shall be no primary election. Ballots shall be prepared for electors to vote for only one candidate for each city council seat open to election, and the votes for each city council seat shall be tabulated separately with the candidate receiving the greatest number of votes for a particular seat being duly elected to that office. In the event of a tie there shall be a runoff election between the tying candidates, which runoff election shall be held on the first Tuesday of the month next following the tie election, and in such event the term of office of the elected official holding the seat as to which the tie occurred shall be extended until the tie is resolved and the successor in office to such seat is duly elected and qualified. The officers so elected shall assume the duties of such office, and the term of such office shall commence, at the first regular meeting of the city council after such officer's election to office. http://] brary8.mun code.co,»/dcfautt-now/DocView/10328/1/4/6, 9/28/2009 ARTICLE II. CITY COUNCIL Section 2.03. Mayor. Page 2 of 4 At a regular election a mayor shall be elected for a term of three years. The mayor shall be a voting member of the city council, represent the city in intergovernmental relationships, and perform other duties specified by the city council. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties. The city council shall elect from among its members a deputy mayor who shall act with full authority as mayor during the absence or disability of the mayor. Section 2.04. Compensation. The city council may determine the annual salary of the mayor and city council members by ordinance. (Ord. No. 1354-04, § 1, 9-22-04) Section 2.05. Prohibitions. (a) Appointments and Removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the city council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. (b) Interference with Administration. Except for the purpose of inquiries and investigations under § 2.09, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Section 2.06. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a city council member shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of Office. A city council member shall forfeit that office if the city council member (1) lacks at any time during the term of office for which elected any qualification for the office prescribed by this charter or by law, (2) violates any express prohibition of this charter, (3) is convicted of a crime involving moral turpitude, (4) fails to attend three consecutive regular meetings of the city council without being excused by the city council, or (5) commits malfeasance, misfeasance or non -feasance in office. (c) Filling of Vacancies. Whenever a vacancy occurs in any elective office in the government of the City of Rockledge, the city council shall fill such vacancy by appointment for the unexpired term of such office unless the unexpired term of such office extends beyond ninety days after the next general city election, in which event the city council shall fill by appointment the portion http;//Iibrary8.municode.com/defauIt-now/DocView/10328/1/4/6 9/28/2009 ARTICLE If. CITY COUNCIL Page 3 of 4 of the unexpired term of such office extending from the date of such appointment until the next general city election, and the portion of the unexpired term of such office extending beyond such election shall be filled by the elective process at such election. Any person appointed by the city council shall be an elector of the city and possess the qualifications to hold such office in the city, and such appointee may be a candidate for election to the portion of the unexpired term of such office extending beyond the period of his appointment. In the event there is no candidate for election to fill an unexpired term and such term of office expires within fifteen months from the date of the last mentioned election, the city council shall fill such vacancy by appointment for the unexpired term of such office, but if the term of such office does not expire within fifteen months after the election last mentioned above, then the city council shall fill such vacancy by appointment until the next general city election at which time the unexpired term of such office shall be filled by the elective process unless no candidate qualifies for election to fill such unexpired term in which latter event the city council shall fill such vacancy by appointment until the expiration of such term of office. Any provision of the Rockledge Code to the contrary notwithstanding, an officer elected as aforesaid to fill the unexpired term of an office shall assume the duties of such office and the term of such office shall commence at the first regular meeting of the city council after the city council has canvassed the returns of the election and certified the results thereof, and continue until the expiration of such term of office. Section 2.07. Judge of qualifications. The city council shall be the judge of the qualifications of its members and of the grounds for forfeiture of their office. The city council shall have the power to set additional standards of conduct for its members beyond those specified in the charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the city council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Decisions made by the city council under this section shall be subject to judicial review. Section 2.08. City clerk. The city council shall appoint an officer of the city who shall have the title of city clerk. The city clerk shall give notice of city council meetings to its members and the public, keep the record of its proceedings and perform such other duties as are assigned by this charter or by the city council or by state law. Section 2.09. Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Section 2.10. Independent audit. The city council shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The city council may, without requiring competitive http://library8.municode.com/defauIt-now/DocView/ 103 28/1/4/6 9/28/2009 ARTICLE II. CITY COUNCIL Page 4 of 4 bids, designate such accountant or firm annually or for a contract period, If the state makes such an audit, the city council may accept it as satisfying the requirements of this section. Section 2.11. Procedure. (a) Meetings. The city council shall hold at least one regular meeting each month in such place as shall be designated by them at a fixed day and hour. Special meetings may be provided for by ordinance, (b) Rules and Record. The city council shall determine its own rules and order of business and shall provide for keeping a record of its proceedings. (c) Voting. Voting shall be by ayes and nays, and shall be recorded in the records. Four (4) members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the city council. No action of the city council, except as otherwise provided in the preceding sentence and in § 2.06, shall be valid or binding unless adopted by the affirmative vote of the majority of the city council members present. (d) Organization. The city council shall organize by electing one of their number, including the mayor, as chair, who will also be deputy mayor, and another of their number as vice chair, both of whom shall serve for a term of one year. Should the mayor be elected chair, then the vice chair shall act as deputy mayor, The chair shall preside at the city council meetings, and in the absence or disqualification of the chair, the vice chair shall perform the duties of the chair, and in the absence or disqualification of both the chair and vice chair, a temporary chair shall be elected by a simple majority from the remaining city council members. http.,//Ii braryS.muni code. corn/dcfaul.t-now/DocView/10328/t/4/6 9/28/2009 ARTICLE III. CITY MANAGER Page I of 2 ARTICLE III. CITY MANAGER Section 3.01. Appointment; qualifications; compensation. The city council, by a majority vote of its total membership, shall appoint a city manager for a term to be determined by the city council, and shall fix the manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. The manager need not be a resident of the city or state at the time of appointment. However, the city manager shall reside inside the city limits while in office unless the city council approves otherwise. Section 3.02. Removal. The city manager may be suspended by a resolution approved by the majority of the total membership of the city council, which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have fifteen days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than fifteen days after such hearing is requested. After the public hearing, if one be requested, and after full consideration, the city council by a majority vote of its total membership may adopt a final resolution of removal. The city manager shall continue to receive full compensation until the effective date of a final resolution of removal. Section 3.03. Acting city manager. By letter filed with the city clerk, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's temporary absence or disability. The city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns. Section 3.04. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city, responsible to the city council for the administration of all city operations placed in the manager's charge by or under this charter. The city manager shall: (a) Appoint and, when necessary for the good of the service, suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter or personnel rules adopted pursuant to this charter. The city manager may authorize any administrative officer subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (b) Direct and supervise the administration of the city clerk, all departments, offices and agencies of the city, except as otherwise provided by this charter or by law; (c) Attend city council meetings. The city manager shall have the right to take part in discussion but shall not vote; (d) See that all laws, provisions of this charter and acts of the city council, subject to enforcement by the city manager or by officers subject to the manager's direction and supervision, are faithfully executed; http://Iibrary8.municode. corn/default-now/DocView/10328/1/4/7 9/28/2009 ARTICLE III. CITY MANAGER Page 2 of 2 (e) Prepare and submit the annual budget and capital program to the city council; (f) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (g) Make such other reports as the city council may require concerning the operations of city departments, offices and agencies subject to the city manager's direction and supervision; (h) Keep the city council fully advised as to the financial condition and future needs of the city; (i) Make recommendations to the city council concerning the general operations of the city; 0) Provide staff support services for the mayor and city council members; and (k) Perform such other duties as are specified in this charter or may be required by the city council. httpWlihrary8.muricode. comJdefault-now/DocView/ 10328/1/4/7 9/28/2009 ARTICLE IV. DEPARTMENTS, OFFICES AND AGENCIES Page I of I ARTICLE IV. DEPARTMENTS, OFFICES AND AGENCIES Section 4.01. General provisions. (a) Creation of Departments. The city council may establish city departments, offices or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by the charter to a particular department, office or agency may be discontinued or, unless this charter specifically so provides, assigned to any other. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of the city council, the city manager may serve as the head of one or more such departments, offices or agencies, or may appoint one person as the head of two or more of them. Section 4.02. Personnel system. (a) Principle. All appointments and promotions of city officers and employees shall be made solely on qualifications, fitness for duty, merit, and other guidelines as adopted by the city council. (b) System. Consistent with applicable federal and state laws, the city council shall provide for the establishment of personnel policies and procedures for all employees of the city. Section 4.03. Legal officer. There shall be a legal officer of the city appointed by the city council. The legal officer shall serve as chief legal adviser to the city council, the city manager and all city departments, offices and agencies, shall represent the city in legal proceedings as directed by the city council, and shall perform any other duties prescribed by state law, by this charter or by ordinance. Section 4.04. Planning. Consistent with all applicable federal and state laws with respect to land use, development and environmental protection, the city council shall: (a) Designate an agency or agencies to carry out the planning function and such decision-making responsibilities as may be specified by ordinance; (b) Adopt a comprehensive plan and determine to what extent zoning and other land use control ordinances must be consistent with the plan; and (c) Adopt development regulations, to be specified by ordinance, to implement the plan. http://Iibrary8.muru'code,coi-nJdefault-now/DocView/I0328/t/4/8 9/28/2009 ARTICLE V. FINANCIAL PROCEDURES Page I of I ARTICLE V. FINANCIAL PROCEDURES Section 5.01. Fiscal year. The fiscal year of the city shall begin on the first day of October and end the last day of September, or as prescribed by state law. Section 5.02. Submission of budget and budget message. As prescribed by city council on an annual basis, the city manager shall submit to the city council a budget for the ensuing fiscal year and an accompanying budget message. Section 5.03. Budget. The budget shall provide a financial plan of city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager deems desirable or the city council may require. The budget shall show in detail the estimated income, indicating the proposed property tax levy, and the proposed expenditures, including debt service, for the ensuing fiscal year. Section 5.04. Administration of the budget. The city council shall provide by ordinance the procedures for administering the budget. hCtp://I brary8.municode.comJdefault-now/DocVlew/I 0328/1/4/9 9/28/2009 ARTICLE VVI. ELECTIONS Page I of I ARTICLE VI. ELECTIONS Section 6.01. City elections. (a) Registered Voter defined. All citizens legally registered under the constitution and laws of the State of Florida to vote in the city shall be registered voters of the city within the meaning of this charter. (b) Conduct of Elections. The provisions of the general election laws of the State of Florida shall apply to elections held under this charter. All elections provided for by the charter shall be conducted by the election authorities established by law. For the conduct of city elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the city council shall adopt ordinances consistent with law and this charter, and the election authorities may adopt further regulations consistent with law and this charter and the ordinances of the city council. Such ordinances and regulations pertaining to elections shall be publicized in the manner of city ordinances generally. littp://libraiy8.municode.com/default-now/,DoeView/I0328/l/4/10 9/28/2009 ARTICLE VII. ETHICS Page I of I ARTICLE VII. ETHICS Section 7.01. Conflicts of interest. The standards and procedures involving violation thereof regarding ethics are established by state statute and shall be utilized to insure that within the city, public office is not used for private gain. Section 7.02. Responsibilities. The city manager shall be responsible for implementing, administering and insuring all reporting requirements are satisfied as directed by state law or ordinance, except for those directed to be accomplished by other city officials by law. Section 7.03. Power to enhance standards. More stringent ethical standards may be enacted by the city council via ordinance to enhance the state standards as from time to time may be deemed necessary. http://Iibrat-v8.municode. corr,/default-now/DocView/10328/1/4/11 9/28/2009 ARTICLE VIII. CHARTER AMENDMENT Page 1 of 1 ARTICLE VIII. CHARTER AMENDMENT Section 8.01. Charter amendment process. Amendments to the charter shall be in accordance with the laws of the State of Florida. http://Ilbrary8.municode.com/default-now/DocView/ t 0328/ t/4/ 12 9/28/2009 ARTICLE iX. TRANSITION/SEPARABILIT'°ft' PROVISION Paget of 8 ARTICLE IX. TRANSITION/SEPARABILITY PROVISION Section 9.09. Officers and employees. (a) Rights and Privileges Preserved. Nothing in this charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. (b) Continuance of Office or Employment. Except as specifically provided by this charter, if at the time this charter takes full effect a city employee holds any office or position which is or can be abolished by or under this charter, he or she shall continue in such office or position until the taking effect of some specific provision under this charter directing that he or she vacate the office or position. (c) Personnel System. An employee holding a city position at the time this charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in § 4.02. Section 9.02. Departments, offices and agencies. (a) Transfer of Powers. If a city department, office or agency is abolished by this charter, the powers and duties given it by law shall be transferred to the city department, office or agency designated in this charter or, if the charter makes no provision, designated by the city council. (b) Property and Records. All property, records and equipment of any department, office or agency existing when this charter is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the city council in accordance with the charter. Section 9.03. Pending matters. All rights, claims, actions, orders, contracts and legal administrative proceedings shall continue except as modified pursuant to the provisions of this charter and in each case shall be maintained, carried on or dealt with by the city department, office or agency appropriate under this charter. Section 9.04. State and municipal laws. All laws of the State of Florida relating to the operation of a municipality shall be fully effective, control and supersede all ordinances and resolutions in conflict therewith. Where state law allows such may be enhanced from time to time as deemed necessary by ordinance. All city ordinances, resolutions, orders and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. littp://Iibrary8.municode.com/default-now/DocV]c-v%,/l 0328/1/4/13 9/28/2009 ARTICLE IX. TRANSITION/SEPARABILITY PROVISION Page 2 of 8 Section 9.05. Schedule. (a) First Election. At the time of its adoption, this charter shall be in effect to the extent necessary in order that the first election of members of the city council may be conducted in accordance with the provisions of this charter. The first election shall be held on the first Tuesday after the first Monday in November of 2003. The city clerk and city attorney shall prepare for adoption by the city council temporary regulations applicable only to the first election and designed to insure its proper conduct and to prevent fraud and provide for recount of ballots in cases of doubt or fraud. (b) Time of Taking Full Effect. The charter shall be in full effect for all purposes on and after the date and time of the first meeting of the newly elected city council provided in § 9.05(c). (c) First City council Meeting. On the first Wednesday of November following the first election of city council members under this charter, the newly elected members of the city council shall meet at 7:00 p.m. in the city council chamber at Rockledge City Hall: (1) For the purpose of electing the chairman and vice chairman, appointing or considering the appointment of a city manager or acting city manager, and appoint or considering the appointment of a city clerk; and (2) For the purpose of adopting ordinances and resolutions necessary to effect the transition of government under this charter and to maintain effective city government during that transition. (d) Initial Salary of Mayor and City Council Members. All salaries shall continue as established before enactment of this charter until changed by the city council in accordance with the provisions of this charter. Section 9.06. Separability. If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected thereby. ATTACHMENT 1 CITY OF ROCKLEDGE—CITY LIMITS (January 27, 2004) DESCRIPTION. BEGINNING at a point 1/4 mile North of the Southwest corner of Section 33, Township 24 South, Range 36 East, in Brevard County, Florida, thence West, on a straight line to a point 1/4 mile North of the Northwest corner of Section 5, Township 25 South, Range 36 East; thence South, along the West line of Section 32, Township 24 South, Range 36 East, to the Northeast corner of Section 6, Township 25 South, Range 36 East; thence West, along the North line of said Section 6, to the North/South centerline of said Section 6; thence South, along said North/South centerline of Section 6, to the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of said Section 6; thence East, along the South line of the North 1/2 of the Southeast 1/4 of said Section 6, to the Northwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 6, thence South, along the West line of the Southeast 1/4 of the Southeast 1/4 of said Section 6, to the South line of said Section 6; thence South, 70 feet, more or less to a point on a line, which when projected Easterly on a bearing of North 89° 54'33" East, would intersect the West line of Section 8, Township 25 South, Range 36 East, at a point 70 feet South of the Northwest corner of said Section 8; thence North 8954'33" East, a distance of 1308.55 feet, more or less to a point on the West line of said Section 8, said point being 70 feet South of the Northwest corner of said Section 8; thence South along the West line of said Section 8, Township http://IibraryS.muiiicode.com/def,'ault-now/DocV)ew/1 0328/l/4/13 9/28/2009 ARTICLE IX. TRANSITION/SEPARABILITY PROVISION Page 3 of 8 25 South, Range 36 East, to the Southwest corner of said Section 8; thence East, along the South line of said Section 8, to a point 100 feet West of the Northwest corner of the Northeast 1/4 of the Northeast 1/4 of Section 17, Township 25 South, Range 36 East; thence South, parallel to and maintaining a distance of 100 feet West of the West line of the East 1/2 of the East 1/2 of said Section 17, a distance of 653.94 feet, more or less, to a point which is due East of the Southeast corner of Lot 1, Block "B" of FISKE LAKE ESTATES, UNIT NO. 1, as recorded in Plat Book 21, Page 90 of the public records of Brevard County, Florida; thence West, 2.80 feet, more or less to the Southeast corner of said Lot 1, Block "B" of FISKE LAKE ESTATES, UNIT NO. 1; thence North 89°51'09" West, along the South line of said FISKE LAKE ESTATES, UNIT NO. 1, a distance of 340.75 feet to the Eastern termination of the North right of way line of Bel Avenue, as shown on the plat of SILVER PINES ESTATES -- No. 3, recorded in Plat Book 15, Page 147 of the public records of Brevard County, Florida; thence South, along the East line of said Bel Avenue and along the East line of Block "H" of said SILVER PINES ESTATES -- No. 3, a distance of 285.0 feet; thence South 13052'00" East, along said Block "H", a distance of 27.53 feet; thence South 45°00'00" East, along said Block "H", a distance of 110.0 feet; thence East, along said Block "H", a distance of 136.62 feet to a point on the East right of way line of Glenn Avenue; thence South, along said right of way line, a distance of 10.0 feet to the Northwest corner of Lot 5, Block "B" of said SILVER PINES ESTATES -- No. 3; thence East, to a point which is 100 feet West of the aforesaid West line of the East 1/2 of the East 1/2 of said Section 17; thence South, parallel to and maintaining a distance of 100 feet West of the West line of the East 1/2 of the East 1/2 of the East 1/2 of said Section 17, to a point which is 7.90 feet South of the North line of the Southeast 1/4 of said Section 17; thence South 89058'30" West, a distance of 1,244.18 feet, on a line parallel to and 7.90 feet South of said North line of the Southeast 1/4 of said Section 17; thence South 00°35'00" West, a distance of 533.51 feet; thence North 89058'30" East, to the Northeast corner of Lot 1 in ORANGE WOODS, FIRST GROVE SECTION, recorded in Plat Book 27, Page 6 of the public records of Brevard County, Florida, said point being on the West right of way line of Fiske Boulevard; thence South 00°24'46" West, along said West right of way line of Fiske Boulevard, a distance of 333.00 feet to the Southeast comer of Lot 25 of said ORANGE WOODS, FIRST GROVE SECTION; thence South 89°52'09" West, along the South boundary of said ORANGE WOODS, FIRST GROVE SECTION, a distance of 9714.67 feet to the Southwest corner of said ORANGE WOODS, FIRST GROVE SECTION; thence North 00°28'39" East, along the West line of said ORANGE WOODS, FIRST GROVE SECTION, a distance of 866.51 feet to the Northwest corner of said ORANGE WOODS, FIRST GROVE SECTION; thence South 89°52'09" West, along the North line of WELLINGTON STATION recorded in Plat Book 36, Pages 20 and 21 of the public records of Brevard County, Florida, a distance of 800.89 feet; thence North 01 022'58" East, along said North line, a distance of 50.00 feet; thence South 89052'09" West, along said North line, a distance of 60.00 feet to the Northwest corner of said WELLINGTON STATION; thence South 01022'58" West, along the West line of WELLINGTON STATION, a distance of 1393.01 feet to the Southwest corner of said WELLINGTON STATION; thence South 01"02'37" West., a distance of 1331.28 feet to a point on the South line of aforesaid Section 17; thence North 89°22'01" East, along said South line of Section 17, a distance of 9275.74 feet; thence departing said South line, run South 00°37'59" East, a distance of 50.00 feet to a point on the South right of way line of Martin Road, said point being the Northeast corner of Tract "A" of TUCKAWAY LAKE ESTATES, recorded in Plat Book 39, Pages 41 thru 43 of said public records of Brevard County, Florida; thence S.00°02'24"W., along an East line of said TUCKAWAY LAKE ESTATES, a distance of 1911.88 feet to a point on the North line of Tract "D" of said subdivision; thence N.88°56'53"E., along said North line, a distance of 1349.74 feet to a point on the West right of way line of Fiske Boulevard; thence N.00010'56"W., along said West right of way line, a distance of 1135.78 feet to a point on the North right of way line of Martin Road; thence North 0000'30" East, along said West right of way line, a distance of 20.00 feet to a point on said South line of Section 17; thence Easterly, along the South line of said Section 17, a distance of 190.00 feet to a point on the East right of way line of Fiske Boulevard; thence run South, along said East right of way line of Fiske Boulevard, a distance of 400.00 feet to the Northwest corner of MAEMIR ESTATES, recorded in Plat Book 24, Page 77 of the public records of Brevard County, Florida; thence North 89007'43" East., along the North line of said MAEMIR ESTATES, a distance of 1100.10 feet to the Northeast corner thereof; thence South 00'13'10" East., along the East line thereof, a distance of 420.00 feet to the Southeast comer thereof; thence South 89'07'43" West, along the South line of thereof, a distance of 1100.10 feet http;//I1brary8.municode.con-/defatilt-nuow/DoeView/10328/1/4/13 9/28/2009 ARTICLE IX. TRANSITION/SEPARABILITY PROVISION Page 4 of 8 to the Southwest corner of said MAEMIR ESTATES; thence South 00002'57" West, along the East right of way line of Fiske Boulevard, a distance of 945.02 feet to a point of right of way transition; thence South 89°57'03" East, along said right of way transition, a distance of 60.00 feet; thence departing said East right of way line, run South 8952'10" East, a distance of 75.00 feet; thence South 00°02'57" West, a distance of 419.00 feet to a point on the North line of lands described in O.R. 4016, Page 2967 of the public records of Brevard County, Florida; thence South 89052'10" East, along said North line, a distance of 205.00 feet to the Northeast corner of said described in O.R. 4016, Page 2967; thence South 00°02'57" West, along the East line of said lands described in O.R. 4016, Page 2967, a distance of 200.00 feet to a point on the North right of way line of Barnes Boulevard; thence South 8952'10" East, along said North right of way line, a distance of 470.14 feet to a point of right of way transition; thence South 00007'50" West, a distance of 200.00 feet to a point on the South right of way line of Barnes Boulevard; thence North 89052'10" West, a distance of 749.86 feet to a point on the aforesaid East right of way line of Fiske Boulevard; thence South 00002'57" West, along said East right of way line, a distance of 921.92 feet to a point on the Northerly right of way line of Interstate No. 95; thence South 54°49'20" East, along said Northerly right of way line, a distance of 854.23 feet to the point of curvature of a 5879.65 foot radius curve to the right; thence Southeasterly, along the arc of said curve and along said Northerly right of way line of Interstate No. 95, an arc distance of 1619.78 feet to a point on the South line of said Section 21, Township 25 South, Range 36 East; thence continue Southeasterly, along the arc of said curve and along said Northerly right of way line of Interstate No. 95 thru a central angle of 24022'22", a distance of 2501.10 feet to a point of tangency; thence South 140 18'36" East, along said right of way line, a distance of 489.07 feet to an intersection with the South line of the North 1/2 of Section 28, Township 25 South, Range 36 East; thence North 89033'30" East, along said South line of the North 1/2 of said Section 28 to a point on a West line of STRATFORD PLACE, PHASE 1, recorded in Plat Book 44, Page 50 of the public records of Brevard County, Florida; thence South 2942'14" East, along said West line to the point of curvature of a 200.00 foot radius curve to the right; thence Southeasterly, along said West line, thru a central angle of 22°32'34" a distance of 78.69 feet to a point of reverse curvature of a 305.96 foot radius curve to the right; thence Southeasterly, along said West line, thru a central angle of 06030'54" a distance of 34.79 feet to a point of tangency; thence South 13040'34" East, along said West line, a distance of 65.12 feet; thence South 06°50'23" East, along said West line, a distance of 53.26 feet; thence South 01 42'29" West, along said West line, a distance of 39.78 feet; thence South 1005213" East, along said West line, a distance of 61.84 feet to the Southwest corner of said STRATFORD PLACE, PHASE 1 and the Northwest corner of STRATFORD PLACE, PHASE 2, RECORDED IN Plat Book 45, Page 63 of the public records of Brevard County, Florida; thence South 10052'13" East, along the West line of said STRATFORD PLACE, PHASE 2, a distance of 23.81 feet to the point of curvature of a 250.00 foot radius curve to the right; thence Southerly, along said West line, thru a central angle of 09021'41" a distance of 40.85 feet to a point of tangency; thence South 01 °30'31" East, along said West line, a distance of 79.97 feet to the point of curvature of a 150.00 foot radius curve to the left; thence Southweasterly, along a Southerly line of said subdivision, thru a central angle of 5706'23" a distance of 149.50 feet to a point of tangency; thence South 58°36'54" East, along said Southerly line, a distance of 171.31 feet to the point of curvature of a 150.00 foot radius curve to the left; thence Southeasterly, along said Southerly line, thru a central angle of 14009'05" a distance of 37.05 feet to a point of tangency; thence South 72°45'59" East, along said Southerly line, a distance of 163.21 feet to the point of curvature of a 200.00 foot radius curve to the right; thence Southeasterly, along said Southerly line, thru a central angle of 04° 39'49" a distance of 16.28 feet to a point of tangency; thence South 68006'10" East, along said Southerly line, a distance of 149.42 feet to the point of curvature of a 200.00 foot radius curve to the right; thence Southeasterly, along said Southerly line, thru a central angle of 07°21'05" a distance of 25.66 feet to a point of tangency; thence South 60°45'04" East, along said Southerly line, a distance of 99.56 feet to the point of curvature of a 50.00 foot radius curve to the left; thence Northeasterly, along said Southerly line, thru a central angle of 72018'57" a distance of 63.11 feet to a point of tangency; thence North 46055'59" East, along said Southerly line, a distance of 400.58 feet to the point of curvature of a 50.00 foot radius curve to the left; thence Northerly, along an Easterly line of said subdivision, thru a central angle of 65010'20" a distance of 56.87 feet to a point of tangency; thence North 18°14'21" West, along said Easterly line, a distance of 634.87 feet to a point of curvature of a 335.00 foot radius curve to the left; thence Northwesterly, along said Easterly line, thru a central angle http://Ilbra.ry8.naunicode.cora/default-now/DoeView/I 0328/l/4/13 9/28/2009 ARTICLE IX. TRANSITION/SEPARABILITY PROVISION Page 5 of 8 of 03°04'30" a distance of 17.98 feet to a point on the aforesaid South line of the North 1/2 of Section 28, Township 25 South, Range 36 East; thence North 89°33'30" East, along said South line, to an intersection with the South right of way line of Golf Vista Boulevard, said point being on a 407.17 foot radius curve to the left; thence Southeasterly, along said right of way line to a point of tangency; thence North 88°50'21" East, along said right of way line, a distance of 296.04 feet; thence North 01009'40" West to an intersection with the aforesaid South line of the North 1/2 of Section 28; thence North 890 33'30" East, along said South line of the North 1/2 of Section 28, to a point on a Northerly line of VIERA NORTH, PUD, TRACT CA -1 AND 2, PHASE 4, recorded in Plat Book 42, Page 37 of the public records of Brevard County, Florida; thence North 61°33'06" East, along said Northerly line, a distance of 211.23 feet to a point on a 75.06 foot radius curve to the left; thence South and East along said Northerly line and along the arc of said curve, thru a central angle of 71038'51" a distance of 93.86 feet to a point of tangency; thence North 79054'15" East, along said Northerly line, a distance of 143.42 feet to the Northeast corner of said subdivision; thence South 01°14'17" East, along an East line of said subdivision, to a point on the aforesaid South line of the North 1/2 of Section 28; thence North 890 33'30" East, along said South line, to the East 1/4 corner of said Section 28; thence North 00040'28" West, along the East line of said Section 28, a distance of 2688.60 feet to the Southwest corner of Section 22, Township 25 South, Range 36 East; thence North 89°58'00" East, along the South line of said Section 22, a distance of 4534.06 feet to a point which is 799.97 feet West of the Southeast corner of said Section 22; thence North 00003'17" West, a distance of 1979.06 feet to a point on the South right of way line of Barnes Boulevard; thence South 89033'49" East, along said right of way line, to a point on the East line of said Section 22; thence Southerly, along said East line of Section 22, a distance of 392.50 feet to the Southwest corner of Tract "B" of ROCKLEDGE III, recorded in Plat Book 37, Page 24 of the public records of Brevard County, Florida; thence South 89058'24" West, a distance of 213.79 feet; thence South 00001'36" East, a distance of 407.50 feet; thence North 89058'24" East, a distance of 213.79 feet to a point on the aforesaid East line of Section 22; thence South 00001'36" East, along said East line, a distance of 513.18 feet to the Southwest corner of Lot 6 of ROCKLEDGE III, recorded in Plat Book 37, Page 24 of the public records of Brevard County, Florida; thence North 890 54'36" East, along the South line of said Lot 6, a distance of 287.19 feet to a point on the West right of way line of Riomar Drive; thence North 0005'24" West, along said West right of way line, a distance of 662.21 feet to the point of curvature of an 845.00 foot radius curve to the left; thence Northerly, along the arc of said curve and along said right of way line, thru a central angle of 05020'14" a distance of 78.71 feet to a point of tangency; thence North 0525'38" West, along said right of way line, a distance of 128.38 feet to the point of curvature of an 822.54 foot radius curve to the right; thence Northerly, along the arc of said curve and along said right of way line, thru a central angle of 05053'28" a distance of 84.57 feet to a point on the North line of aforesaid ROCKLEDGE III; thence South 8932'10" East, along said North line, a distance of 73.00 feet to a point on the East line of lands described in O.R. 3781, Pages 1946 and 1947 of the public records of Brevard County, Florida; thence North 00°27'50" East, a distance of 357.49 feet to a point on the aforesaid South right of way line of Barnes Boulevard; thence continue North 00027'50" East, a distance of 100.00 feet to a point on the North right of way line of Barnes Boulevard; thence North 89°32'10" West, along said North right of way line to a point on the West line of Section 23, Township 25 South, Range 36 East; thence North 00001'38" West, along said West line of Section 23, to the West 1/4 corner of said Section 23; thence North 89054'36" East, along the North line of the Southwest 1/4 of Section 23, Township 25 South, Range 36 East, a distance of 378.29 feet; thence South 18°08'08" East, a distance of 641.65 feet to a point on the North right of way line of Barnes Boulevard as presently located; thence continue South 18°08'08" East to a point on the South right of way line of Barnes Boulevard; thence South 89°33'49" East, along said South right of way line of Barnes Boulevard, to the Northwest corner of lands described in O.R. 2452, Page 1866 of the public records of Brevard County, Florida; thence South 00005'24" East, along the West line of said lands, a distance of 365.00 feet; thence South 89°32'10" East, a distance of 145.28 feet to a point on the West right of way line of Harrell Road; thence North 00°09'08" West, parallel to and 25.00 feet distant West from the East line of the West 1/2 of the Southwest 1/4 of said Section 23, a distance of 365.00 feet to a point on the aforesaid, South right of way line of Barnes Boulevard; thence North 00" 09'08" West, a distance of 100.00 feet to a point on the North right of way line of Barnes Boulevard; thence South 89°33'49" East, along said North right of way line, a distance of 25.00 feet to the East line of the West 1/2 of the Southwest 1/4 of said Section 23 and the West line of property described in http://library8.municode.con-/defauIt-now/DocView/10328/l/4/13 9/28/2009 ARTICLE IX. TRANSITION/SEPARABILITY PROVISION Page 6 of 8 deed recorded in Official Records Book 2595, Page 1181 of the public records of Brevard County, Florida; thence South 00018'25" West, along said East line of the West 112 of the Southwest 114 of said Section 23 and along the West line of said property described in Official Records Book 2595, Page 1181, a distance of 16.09 feet to a point on the North edge of the pavement of Barnes Boulevard, said point being on an 1845.00 foot radius curve to the left; thence Northeasterly, along the arc of said curve and along said North edge of pavement, through a central angle of 05°36'34", a distance of 180.63 feet to an intersection with the Westerly right of way line of the Florida East Coast Railway Co.; thence North 14647'04" West, along said Westerly right of way line, a distance of 512.98 feet to a point; thence continue North 14047'04" West, along said Westerly right of way line, a distance of 72.04 feet to the point of curvature of a 10,367.49 foot radius curve to the left; thence Northwesterly, along the arc of said curve and along said right of way line, through a central angle of 09006'42", a distance of 1648.73 feet to a point on the North line of Lot 8 of MRS. S. McF. PORTER'S SUBDIVISION, as recorded in Plat Book 1, Page 32 of the public records of Brevard County, Florida; thence continue Northeasterly, along the Westerly line of said right of way of the Florida East Coast Railway, an arc length of 511.32 feet with a tangent length of 628.24 feet to a point on the North line of the South 32.00 feet of Lot 1 of said MRS. S. McF. PORTER'S SUBDIVISION; thence West, along said North line of the South 32.00 feet of said MRS. S. McF. PORTER'S SUBDIVISION, to a point on the East line of Section 22, Township 25 South, Range 36 East; thence North along the East line of Section 22, to a point which is 50.00 feet South of the North line of said Section 22; thence West, parallel to and 50.00 feet South of the North line of said Section 22, to the Northwest corner of CHELSEA PARK, UNIT 4, recorded in Plat Book 45, Page 58 of the public records of Brevard County, Florida; thence South 0048'57" East, along the West line of said CHELSEA PARK, UNIT 4 and it's Southerly extension, a distance of 2600.31 feet, to a point on the North right of way line of Barnes Boulevard; thence Westerly, along said North right of way line of Barnes Boulevard to a point 301.00 feet distant East, from the West line of Section 22, Township 25 South, Range 36 East; thence North 00020'48" West, parallel with and 301.00 feet distant East from said West line of Section 22, a distance of 628 feet to the Northeast corner of lands described in O.R. 4425, Page 2560 of the public records of Brevard County, Florida; thence South 89°44'52" West, along the North line of said lands, a distance of 251.00 feet to a point on the East right of way line of Murrell Road; thence North 00020'48" West, along said East right of way line, a distance of 1566.00 feet to the Southwest corner of lands described in O.R. 1512, Page 831 of the public records of Brevard County, Florida; thence North 89044'52" East, along the South line of said lands, a distance of 275.00 feet to the Southeast corner thereof; thence North 00020'48" West, along the East line of said lands, a distance of 400.00 feet to a point 50.00 feet South of the North line of Section 22, Township 25 South, Range 36 East; thence South 8944'52" West, parallel with and 50.00 feet distant South of said North line, a distance of 275.00 feet to a point on the aforesaid West right of way line of Murrell Road; thence North 0020'48" West, along said right of way line, a distance of 50.00 feet to a point on the North line of Section 22, Township 25 South, Range 36 East; thence East, along said North line of Section 22 and along the North line of Section 23, Township 25 South, Range 36 East to the waters of the Indian River, thence East, to the West line of the channel of the Indian River; thence Northwesterly, meandering said West line of the channel of the Indian River, to a point due East of the Point of Beginning; thence due west, to the POINT OF BEGINNING; EXCEPTING AND OMITTING from the lands bounded as herein described, the following Five (5) parcels of property, to -wit: PARCEL #1: The North 80 feet of the above described property lying between the Westerly right of way line of Hughlett Street on the West and the Western right of way line of Florida Avenue on the East. PARCEL #2: For a point of reference, commence at the Northeast corner of the Northeast 114 of the Southeast 1/4 of Section 8, Township 25 South, Range 36 East, Brevard County, Florida, and thence go Westerly, along the EastfWest centerline of said Section 8, a distance of 358.65 feet to the POINT OF BEGINNING; thence continue Westerly, along the said East/West centerline of Section 8, to the Northwest corner of the Northeast 114 of the Southeast 1/4 of said Section 8; thence Southerly, along http://I brary8.rmun1code.,cora/,default-tiow/DocView/10328/t/4/13 9/28/2009 ARTICLE IX. TRANSITION/SEPARABILITY PROVISION Page 7 of 8 the West line of said Northwest 1/4 of Southeast 1/4 to the Southwest corner of said Northeast 1/4 of the Southeast 1/4; thence Easterly, along the South line of said Northeast 1/4 of the Southeast 1/4, to the Southeast corner of said Northeast 1/4 of the Southeast 1/4; thence Northerly, along the East line of said Northerly 1/4 of the Southeast 1/4, to a point on the North right of way line of Virginia Street, which point is South 01016'00" West, a distance of 585.43 feet from the Northeast corner of said Northeast 1/4 of the Southeast 1/4; thence North 89043'42" West, along said North right of way line of Virginia Street, a distance of 358.54 feet; thence North 01'15'31" East, a distance of 583.91 feet to the POINT OF BEGINNING. PARCEL #3.- A 3: A parcel of land lying in Section 21, Township 25 South, Range 36 East, Brevard County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 21, and run West, along the North line of said section, a distance of 50.00 feet to a point on the West right of way line of Murrell Road, the POINT OF BEGINNING; thence continue West, along said North line, a distance of 417.00 feet; thence South 00016'40" East, parallel with the West right of way line of Murrell Road, a distance of 209.00 feet; thence East, parallel with the aforesaid North line of Section 21, a distance of 417.00 feet to a point on said West right of way line of Murrell Road; thence North 00016'40" West, along said West right of way fine, a distance of 209.00 feet to the POINT OF BEGINNING. The above described lands being one and the same as those described in O.R. 1260, Page 380 of the public records of Brevard County, Florida. PARCEL #4: A parcel of land lying in Section 21, Township 25 South, Range 36 East, Brevard County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 21, and run West, along the North line of said section, a distance of 50.00 feet to a point on the West right of way line of Murrell Road; thence South 00°16'40" East, along said West right of way line, a distance of 418.00 feet to the Southeast corner of lands described in O.R. 1804, Page 832 of the public records of Brevard County, Florida, the POINT OF BEGINNING; thence continue South 00°16'40" East, along said West right of way line, a distance of 1004.56 to the Northeast corner of THREE MEADOWS, PHASE III, recorded in Plat Book 38, Pages 88 and 89 of the public records of Brevard County, Florida; thence South 89059'15" West, along a North line of said subdivision, a distance of 1485.13 feet to an angle point; thence North 00016'40" West, along an East line of said subdivision and along an East line of THREE MEADOWS, PHASE IV, recorded in Plat Book 42, Pages 72 and 73 of the public records of Brevard County, Florida, a distance of 489.96 feet to an angle point; thence North 89°59'15" East, along an East line of said THREE MEADOWS, PHASE IV, a distance of 495.04 feet to an angle point; thence North 00016'40" West, along said East line, a distance of 514.60 feet to the Southwest corner of the aforesaid lands described in O.R. 1804, Page 832; thence Easterly, along the South line of said lands described in O.R. 1804, Page 832, a distance of 990.09 feet to the POINT OF BEGINNING. PARCEL #5: A parcel of land lying in Section 22, Township 25 South, Range 36 East, Brevard County, Florida, being more particularly described as follows: BEGIN at the Southeast corner of the Northwest 1/4 of said Section 22, and run North 000 13'13" West, along the East line of said Northwest 1/4, a distance of 589.99 feet to the Southeast corner of CHELSEA PARK, UNIT 5, recorded in Plat Book 46, Pages 93 and 94 of the public records of Brevard County, Florida; thence North 88'29'40" West along the South line of said subdivision and along the South line of CHELSEA PARK, UNIT 1, recorded in Plat Book 41, Pages 58 thru 60 of said public records, a distance of 1137.95 feet to an angle point; thence South 00'48'06" West, along said South line of CHELSEA PARK, UNIT 1, a distance of 15.44 feet; thence North 89°44'56" West, along said South line, a distance of 177.46 feet; thence littp,,//I'ibrary8.municode.com/default-row/DocView/10328/1/4/13 9/28/2009 ARTICLE IX TRANSITION/SEPARABILITY PROVISION Page 8 of 8 South 00°00'22" West, along an, east line of said subdivision, a distance of 13.47 feet to the point of curvature of a 260.00 foot radius curve to the right; thence Southwesterly, along the arc of said curve and along said East line, to a point on the West line of lands described in O.R. 3118, Page 2531 of said public records; thence Southerly, along said West line, to a point on the North right of way line of Barnes Boulevard; thence Easterly, along said North right of way line and along the South line of the Northwest 1/4 of said Section 22, to the POINT OF BEGINNING. (Ord. 1311-03, § 1, 8-6-03; Ord. No. 1339-04, § 3, 3-10-04) llttp;//library8.municode.com/default-now/DoeView/10328/l/4/13 9/28/2009 Subpart B RELATED LAWS* Subpart B RELATED LAWS* *Editor's note: For contents and handling of this subpart, see the footnote on page 1. Art. 1. General and Administrative, §§ 101--107 Art. 2. Local Improvements and Special Assessments, §§ 201-203 Art. 3. Zoning, §§ 301, 302 Page 1 of 1 bttp://I!ibrary8. muni code, cotn/default-now/DocV 1ew/ 10328/1/14 9/28/2009 ARTICLE 1. GENERAL AND ADMINISTRA°T"I"VE Page 1 of 3 ARTICLE 1. GENERAL AND ADMINISTRATIVE Sec. 101. Recall of elected officials. Any elected official of the City of Rockledge may be removed from office by the electors of the City of Rockledge by the following procedure: (Ord. No. 394-75, § 1, 2-5-75) Editor's note: Ordinance No. 394-75, from which the above section was derived, was approved at referendum held in September 1975, as required by §§ 2 and 3 of said ordinance, which are not set out herein. Florida Statutes, § 100.361(1) provides that "Any member of the governing body of a municipality ... may be removed from office by the following procedure: ...." The procedure is then set out. However, subsection (10) of said statute provides that it "shall apply to cities and charter counties which have adopted recall procedures." Therefore, the editors have retained the first paragraph of said ordinance to evidence that the city has "adopted recall procedures," but have deleted the procedures themselves, since they are superseded by the statute. Sec. 102. Term of office of mayor. The term of office of the mayor of the City of Rockledge is hereby fixed at three (3) years, effective with the person elected mayor at the general election to be held on the third Tuesday in September 1969. (Laws of Fla. 1955, Ch. 31213, § 1; Laws of Fla., Ch. 69-1528, § 1) Editor's note: While Laws of Fla., Ch. 69-1528, § 1, did not purport to amend Laws of Fla. 1955, Ch. 31213, § 1, it had the effect of completely superseding it and has been treated as an amendment to said section in toto. The 1955 provision limited the mayor's term to two years. Sec. 103. Mayor may vote to break tie, not otherwise. In addition to the powers and authority conferred upon the Mayor of the City of Rockledge under and by virtue of Chapter 11094, Laws of Florida 1925 [the charter], the Mayor shall have the power to vote on any matter to break a tie when at any meeting at which all members of the City Council are present and voting and the resulting vote is a tie. At no other time shall the Mayor have power and authority to vote. (Laws of Fla. 1955, Ch. 31213, § 2) Sec. 104. Appointment of administrative officers annually; holding multiple offices. Section 1. [Appointments.] From and after the passage of this Act [section] the City Council of the City of Rockledge, Florida, at its first regular meeting after the first Tuesday after the first Monday in November in each and every year shall appoint to office for the term of one year, or until a successor be duly appointed and qualified, the following officers, that is to say: One Chief of Police; one City Collector of Taxes; one City Clerk; one City Treasurer; one City Assessor of Taxes; and one City Registration Officer. http://Iibrary8.mun1code.con-/dcfauIt-now/DocView/ 10328/ 1 /14/15 9/28/2009 ARTICLE 1. GENERAL AND ADMINISTRATIVE Page 2 of 3 Section 2. [Holding multiple offices.] The City Council may by resolution provide that the same person may hold one or more of the following offices: Chief of Police; City Collector of Taxes; City Clerk; City Treasurer; City Assessor of Taxes; City Registration Officer. Section 3. [Interpretation.] This Act [section] shall be broadly construed by any court to whose attention it is brought, the intention of the Legislature in passing this Act [section] being to vest in the City Council of the City of Rockledge, Florida, power to appoint the several officers hereinabove specifically named. Section 4. [General repealer.] All laws or parts of laws in conflict with this Act [section] are hereby repealed insofar as they affect the City of Rockledge, Florida. Section 5. [Effective date.] This Act [section] shall go into effect immediately upon its passage and approval by the Governor, or upon its becoming a law without such approval. (Laws of Fla. 1931, Ch. 15460; Laws of Fla., Ch. 67-1970, § 1) Editor's note: Laws of Fla. 1931, Ch, 15460, from which the above section was derived, was approved by the governor June 4, 1931. The cited 1967 act amended sections 1 and 2 thereof. Subsequent to the enactment of the above section, the assessment and collection of ad valorem taxes was transferred to the county pursuant to F.S. § 193.16, and the use of the county voter registration rolls was mandated by F.S. § 98.091. Sec. 105. Compensation of city personnel. The city council of the City of Rockledge is authorized to fix the amount and time of payment of salaries of all city officials and employees. (Laws of Fla. 1955, Ch. 31211, § 1; Laws of Fla., Ch. 61-2734, §§ 1, 2; Laws of Fla., Ch. 67-1968, § 2; Res. of 8-7-74, § 2) Editor's note: Laws of Fla., Ch. 67-1968, § 1, repealed Laws of Fla. 1955, Ch. 31211, § 1; and Laws of Fla., Ch. 61-2734; and in place of them, § 2, enacted the provisions appearing in section 105 above. The cited resolution amended said provisions to delete a one hundred dollar per month limitation on the compensation of councilmen and the mayor. Sec. 106. Arrests in fresh pursuit. Section 1. [Authorized.] When a person violates a municipal ordinance of the City of Rockledge, Brevard County, or commits a misdemeanor within said municipality in the presence of a police officer, or when a police officer of the said city has reasonable grounds to believe that a person found within the municipality has committed or is committing a felony, such police officer may in fresh pursuit (also sometimes referred to as hot pursuit) whenever necessary to effect the arrest of such person, pursue such person outside of the city limits of said City of Rockledge to any point in Brevard County and there arrest him. Section 2. (Interpretation of "fresh pursuit.'? For the purpose of this act [section], fresh pursuit (sometimes also referred to as hot pursuit) shall not necessarily imply instant pursuit, but shall mean pursuit without unnecessary delay. Section 3. [Referendum required.] This act [section] shall take effect only upon its approval by a majority of the voters voting at an election of the City of Rockledge. Section 4. [Effective date.] Subject to the referendum herein provided for this act [section] shall take effect immediately upon becoming a law. (Laws of Fla., Ch. 65-2154) http:f/Iibrary8.municode.com/defauIt-now/DocView/ 10328/l / 14/ 15 9/28/2009 ARTICLE t. GENERAL AND ADMINISTRATIVE Page 3 of 3 Editor's note: Laws of Fla., Ch. 65-2154, from which the above section was derived, became a law without the governor's approval and was filed in the office of the secretary of state June 25, 1965. It was approved at referendum as required in section 3 above. State law references: Arrests in fresh pursuit, F.S. § 901.25. Sec. 107. Reserved. Editor's note: Section 107 of Subpart B, pertaining to temporary loans and time purchases, and derived from Ch. 65-2153, Laws of Fla. 1965, was repealed by Ord. No. 689-84, § 1, adopted May 16, 1984. http://Iibrary8.municode.com/default-now/DocVlew/10328/l/t4/t5 9/28/2009 ARTICLE 2. LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS* Page I of 6 ARTICLE 2. LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS* *State law references: Municipal borrowing generally, F.S. § 166.101 et seq.; municipal eminent domain, F.S. § 166.401 et seq.; additional and supplemental method of making local improvements and making assessments therefor, F.S. Ch. 170; municipal public works, F.S. Ch. 180; maximum interest rate for municipal obligations, F.S. § 215.685. Sec. 201. Waterworks facilities. Section 1. [Defined.] As used in this Act [section], the term "WATERWORKS FACILITIES" shall mean and shall include water supply systems, water distribution systems, and any integral part thereof, and shall include but shall not be limited to reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filter stations, purification plants, hydrants, meters, valves, and all necessary appurtenances and equipment, and all property, rights, easements, rights-of-way, and franchises relating thereto and deemed necessary or convenient for the operation thereof. Section 2. (Powers specified.] The City of Rockledge is hereby authorized and empowered: (a) To acquire in the name of the city, either by purchase or the exercise of the right of eminent domain, or to construct, and to reconstruct, improve, extend, enlarge, equip, repair, maintain and operate waterworks facilities, either within or without, or partly within and partly without, the territorial limits of the city; (b) To issue revenue bonds of the city, payable (1) from water rates, or (2) from such rates, and, to the extent necessary, ad valorem taxes, to pay all or a part of the cost of the waterworks facilities; (c) To fix and collect rates and charges for water furnished by any waterworks facilities, and to fix and collect charges for making connections with any waterworks facilities; (d) To acquire in the name of the city, either by purchase or eminent domain, such lands either within or without the city, and rights and interests therein, including lands under water and riparian rights, and to acquire such personal property as it may deem necessary in connection with the construction or operation of waterworks facilities, and to hold and dispose of all real and personal property under its control; (e) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Act [section], including a trust agreement or trust agreements securing any bonds issued hereunder, and to employ such consulting and other engineers, superintendents, managers, construction and accounting experts and attorneys, and such employees and agents, as may, in the judgment of the city, be deemed necessary and to fix their compensation; provided, however, that all such expenses shall be payable solely from funds made available under the provisions of this Act [section]; (f) To exercise jurisdiction, control and supervision over any waterworks facilities owned, operated or maintained by it and to make and enforce such rules and regulations for the maintenance and operation of any such facilities as may in its judgment be necessary or desirable for the efficient operation thereof and for accomplishing the purposes of this Act [section]; http://library8.municode.com/default-now/DocView/10328/1/14/16 9/28/2009 ARTICLE 2. LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS* Page 2 of 6 (g) To enter on any lands, water or premises located within or without the city to make surveys; borings, soundings, or examinations for the purposes of this Act [section]; (h) To construct and operate water mains, laterals, conduits, pipelines and all necessary appurtenances thereto in, along or under any streets, alleys, highways or other public places within or without the city; (i) To restrain, enjoin or otherwise prevent any political subdivision or agency and any person or corporation, public or private, from discharging into the Indian River or any navigable or non -navigable waters within the limits of the city any sewage, industrial waters or other refuse which would contribute to the pollution of such waters; and to restrain, enjoin or otherwise prevent the violation of any provision of this Act [section] or of any resolution, rule or regulation adopted pursuant to the powers granted by this Act [section]; (j) To exercise the right of eminent domain and to condemn, appropriate and acquire such property both real and personal, and any interest or estate therein, including lands under water and riparian rights either within or without the city which by resolution, the city shall determine to be necessary in connection with the construction or operation of waterworks facilities. Said determination shall be conclusive. Such condemnation proceedings shall be exercised in accordance with the manner provided in Chapters 73 and 74 of the Florida Statutes, and any acts that may be hereinafter enacted amendatory and supplementary thereof. (k) To do all acts and things necessary or convenient to carry out the powers expressly granted in this Act [section]. Section 3. [Provisions supplemental.] The provisions of this Act [section] are supplemental and cumulative to the provisions of Chapter 11094, Acts of 1925 [the charter], and any general law nor [now] or hereinafter enacted governing municipalities, and shall be in addition and not in limitation of any of the powers granted by said Chapter 11094 or any general law governing municipalities. Section 4. [Effective date.] This Act [section] shall take effect immediately upon becoming a law. (Laws of Fla. 1955, Ch. 31214) Editor's note: Laws of Fla. 1955, Ch. 31214, from which the above section was derived, became a law without the governor's approval, and was filed in the office of the secretary of state May 31, 1955. For general authority to provide for water supply, see Subpart A, Art. ll, § 1(7). Sec. 202. Streets, drainage and sewers. Section 1. Municipal improvements defined. As herein used the term "Municipal Improvement" shall be construed to mean the opening, widening, laying out, paving, grading, extending, digging, construction, alteration or discontinuation of any park, street, highway, alley or other way, ditch, drain or gutter, or, the laying, construction, repairing, changing, vacating, enlarging, diminishing or improving of any sewer within the City of Rockledge. Section 2. Contracts for construction of municipal improvements. The City of Rockledge is authorized to enter into and agree upon the terms of contracts with private parties for the installation, accomplishment or construction of municipal improvements as hereinabove defined. In such cases such private parties may do all of the work in accordance with specifications prescribed by the city, or in the alternative, may contract to do certain specified parts of the work to be done in conjunction with the city itself. Section 3. Financing municipal improvements. In consideration of the work to be done by such http://library8,mun]code.com/defauIt-now/DocView/10328/1/14/16 9/28/2009 ARTICLE 2. LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS* Page 3 of 6 private parties the city may sell or agree to sell to such private contracting parties any or all of the municipal improvements liens assessed by the city against abutting property for benefits to such property resulting from the municipal improvements so constructed. Said liens shall be evidence[d) by special assessment lien certificates and shall be assigned by the city without recourse against the city in the event of failure of payment. Said liens may be enforced by the party to whom assigned or anyone holding under him as any other liens are enforced in equity, or the city may agree to enforce such liens for and in behalf of the holder thereof, Section 4. Severability. This Act [section] is severable in its provisions and the adjudicated invalidity of any part shall not affect the remainder. Section 5. Effective date. This Act [section] shall take effect immediately upon becoming a law with or without the Governor's approval. (Laws of Fla. 1955, Ch. 31212) Editor's note: Laws of Fla. 1955, Ch. 31212, from which the above section was derived, became a law without the governor's approval and was filed in the office of the secretary of state May 3, 1955. Sec. 203. Alternative and supplemental procedure. Section 9. [Bonds and special assessments authorized.] That whenever the City of Rockledge shall deem it advisable or necessary to establish the grade of, to grade or regrade, to construct, reconstruct, repair, pave, re -pave, hardsurface, re-hardsurface, the streets, alleys, boulevards, parkways or sidewalks of said city; to establish a harbor line or lines, to secure or improve its waterfront; to acquire, to widen, to extend or to improve streets, boulevards, parks, or parkways; to establish, construct, or reconstruct a sea-wall or sea-walls or bulkheads along its waterfront or on its harbor lines; to fill in low or submerged lands and bring the same to grade, to extend the streets of said city over or across any submerged land, to establish new streets, boulevards, parkways or parks, to make fills or excavations corresponding to the established grade of existing streets, or of streets as extended, or to make other public improvements in connection therewith for the use of said city, the City of Rockledge is hereby authorized to issue negotiable bonds of said city under its corporate seal, bearing interest not exceeding seven per centum per annum, and to be sold for not less than ninety-five per cent of their par value, plus the interest accrued thereon, to pay all or any part of the cost of any such public improvements, and the City of Rockledge is hereby authorized and empowered to levy and collect a special tax or assessment on the abutting, adjoining, contiguous or other specially benefited property. Section 2. [Apportionment of special assessments.] Special assessments against property deemed to be benefited by public improvements as provided for in the preceding section shall be assessed upon the property specially benefited by the improvements in proportion to the benefits derived therefrom, said special benefits to be determined and prorated according to the front footage or according to the square footage basis of the respective propertiees [properties] sepcially [specially] benefited by said improvements, or by such other method as the governing body of the municipality may prescribe. Section 3. [Resolution required.] Whenever it shall be deemed advisable or necessary for the public good to make any of the public improvements specified in Section 1 hereof, the City Council of the City of Rockledge shall so declare by resolution, stating the need of the proposed improvement, designating the improvements to be so made, what part or portion of the cost thereof is to be paid by special assessment, the manner in which said special assessments are to be paid, the lands upon which the special assessment shall be levied, and in describing said lands, it shall be sufficient to describe the lots of [or] lands deemed to be specially benefited abutting upon and contiguous to the contemplated improvement, as "All lots and land adjoining and contiguous of bounding and abutting upon such improvement." Such resolution shall also state the total estimated cost of the improvement. Section 4. [Plans, specifications required.] At the time of the adoption of the resolution provided http://I1brary8.municode. corn/default-nowiDocV1ew/103281]/l4/l6 9/28/2009 ARTICLE 2, LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS* Page 4 of for in Section 3 of this Act, there shall be on file with the City Clerk or like officer, of the City of Rockledge, plans and specifications, with the estimated cost of the proposed improvements, which plans and specifications and estimate shall be open to the inspection of the public. Section 5. (Publication of resolution.] Upon the adoption of the resolution provided for in Section 3, of this Act, the City Council of said City of Rockledge shall cause said resolution to be published one time in a newspaper of general circulation published in the County of Brevard. Section 6. [Preparation, filing of assessment roll.] That upon the adoption of the resolution aforesaid, the City Council of said City of Rockledge shall cause to be made an assessment roll in accordance with the method of assessment provided for in said resolution, which assessment roll shall be completed and filed with the Clerk of said city as promptly as possible; said assessment roll shall show the lots and lands assessed, the amount of the assessment against each lot or parcel of land, and if said assessment is to be paid in installments, the number of annual installments in which the assessment is divided shall also be entered and shown upon said assessment roll. Section 7. [Publication, notice of assessment roll,] Upon the completion of said assessment roll the City Council of the City of Rockledge shall cause a copy thereof to be published two times successively, once each week in a newspaper of general circulation published in the County of Brevard, and in the publication of said assessment roll there shall be attached to the copy of the assessment roll published a notice directed to all property owners interested in said assessment, of the time and place where complaints will be heard with reference to said assessments, and when said assessment roll will be finally approved and confirmed by the City Council of said city sitting as an Equalization Board. Section 8. [Equalization of roll.] At the time and place mentioned in the notice provided for in the preceding section, the City Council of said City of Rockledge, shall meet as an Equalization Board to hear and consider any and all complaints as to such special assessments, and shall adjust and equalize said special assessments on a uniform basis in proportion to the benefits derived from said improvements, and when so equalized and adjusted, such assessments shall stand confirmed, and be and remain legal, valid and binding liens, upon the property against which such assessments are made, until paid in accordance with the provisions of this Act [section]; provided, however, that upon the completion of said improvements the said city shall rebate to the owner of any property which shall have been specially assessed for any of said improvements the difference in the assessment as originally made, approved and confirmed, and the proportionate part of the actual cost of said improvements to be paid by special assessments as finally determined upon the completion of said improvements. Section 9. [Lien declared; installment collection; interest.] Special assessments for any of the improvements mentioned in Section One of this Act [section] shall be and remain liens superior in dignity to all other liens except liens for taxes until paid from the date of the assessment of the respective lots or parcel of land assessed and shall bear interest at a rate not exceeding eight per cent per annum and may be made by the resolution aforesaid payable in ten equal yearly installments with accrued interest on all deferred payments paid within 30 days after said assessment shall stand approved and confirmed as provided in the preceding section. Section 10. [Foreclosure of lien.] In case the annual installments provided for in the preceding section shall not be paid upon the dates specified in said resolution together with the accrued interest thereon, the City Council of said City of Rockledge shall cause to be instituted the necessary legal proceedings by a bill in Chancery to enforce payment thereof with all accrued interest together with all legal cost incurred including a reasonable solicitor's fee, to be assessed as part of the cost. Upon default in the payment of any installment of said assessment or of any accrued interest on said assessment, the whole assessment with all interest thereon shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment, service of process against unknown or nonresident defendants may be had by publication, as now provided by law in other chancery suits. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages, Yittp://Ilbrary8.mu,nicode.com/default-riowfDocV iew/ 10328/ t/14/ 16 9/28/2009 ARTICLE 2. LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS* Page S of 6 Section 11. [Bonds.] After the Equalization, approval and confirmation of the levy of special assessments for any of the public improvements as hereinbefore provided by Section VIII of this Act [sic; section 7 above], and as soon as the contract for said improvements has been finally let the City Council of said City of Rockledge may by resolution issue bonds of said city pledging the full faith and credit of said city to an amount not exceeding seventy per cent of the proportionate part of the cost of said improvement to be paid by special assessment, and the estimated cost of said public improvements as stated in the resolution provided by Section III of this Act [sic; section 3 above] shall be used as a basis of calculation in determining seventy per cent of the proportionate part of the cost of said improvement to be paid by special assessment; such bonds shall be general obligations of the said City of Rockledge, and if said special assessment be not imposed upon the properties specially benefited as provided for herein, and the principal and interest due thereon is not paid for and discharged as they respectively become due, the City of Rockledge shall levy and collect upon all taxable property in said city a tax sufficient to pay such principal and interest as same respectively become due and payable, [and] all bonds issued under the provisions of this Section shall be excluded from any limitations of bonded indebtedness prescribed by the Charter of said city or by general law and said bonds shall be issued upon the adoption of a resolution by the City Council of said city providing for the issuance thereof, without submitting the question as to the issuance and sale of said bonds to a vote of the electors of said City of Rockledge. Editor's note: The power to issue bonds, including the requirement of a referendum thereon, is now governed by Fla. Const., Art. VII, § 12. Section 12. [Additional bonds.] After the levy of said assessments for any of the public improvements herein provided for stand confirmed and after the completion and acceptance of said improvements by the City Council of the said City of Rockledge, the City Council of said City may by resolution issue further bonds pledging the full faith and credit of the said City of Rockledge to an amount not exceeding the unpaid assessments for said improvements. Provided, however, if any bonds have been issued under the preceding section upon an estimate of the cost of the improvement the bonds issued under the preceding section and the bonds issued under this section shall not in the aggregate exceed the amount of the unpaid assessments. All special assessments levied and imposed in respect of the improvement under this and the proceeding [preceding] section, shall constitute a fund for the payment of the principal and interest of the bonds authorized by this and the preceding section, and in the event there be a failure to collect and receive the said special assessment in season to pay the principal and interest of said bonds, the said City of Rockledge shall levy and collect on all taxable property in said city a tax sufficient to pay such principal and interest as the same respectively becomes due and payable. All bonds issued under the provisions of this section shall be excluded from any limitation of bonded indebtedness prescribed by the charter of the said City of Rockledge, or by general law, and shall be issued in the same manner as provided for in the preceding section. No bonds issued under the preceding section shall be held in any way to impair or invalidate any special assessment made under the provisions of this Act [section]. Section 13. [Sale of bonds.] All bonds issued under the provisions of this Act [section] shall be advertised for sale on sealed bids once a week for three weeks in a newspaper of general circulation published in the said County of Brevard, and if said bonds be not sold pursuant to such advertisement, they may be sold at private sale at any time after the date advertised for the reception of sealed bids. No bonds issued pursuant to this Act [section] shall sell for less than ninety-five per cent of the par value thereof with accrued interest. If any special assessment made under the provisions of this Act [section] to defray the whole or any part of the expense of any improvement herein provided for, shall be either in whole or in part annulled, vacated of set aside by the judgment of any court or if the City Council of said City of Rockledge shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, or if the City Council of said City shall have omitted to make such assessment when it might have done so, the City Council of said City of Rockledge is hereby authorized and required to take all necessary steps to cause a new assessment to be made for the whole or any part of any improvement or against any property benefited by any http://Vi.braiy8.mun code.com/default-now/DocVlew/10328/1/14/16 9/28/2009 ARTICLE 2. LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS*Page 6 of 6 improvement following as nearly as may be the provisions of this Act [section] and in case such second assessment shall be annulled the City Council of said City of Rockledge may obtain and make other assessments until a valid assessment shall be made. Section 14. [Payments from general revenue.] The City Council of said City of Rockledge shall have the power to pay out of its general funds or out of any special fund that may be provided for that purpose such portion of the cost of any improvements herein provided for as it may deem proper, Interest accruing while an improvement is under construction and for six months thereafter, all engineering and inspection costs, including a proper proportion of the compensation, salaries and expenses of the engineering staff of said city properly chargeable to any improvement, and all cost and estimated costs including attorney's fees in the issuance of the bonds provided for by this Act [section], shall be deemed and considered a part of the cost of the improvement. Section 15. finformalities and irregularities.] Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this Act [section] shall not affect the validity of the same where the assessment roll has been confirmed by the City Council of said City of Rockledge and the assessment roll as finally approved and confirmed shall be competent and sufficient evidence that the assessment was duly levied, that the assessment as [was] duly made and adopted, and that all other proceedings preliminary to the adoption of the said assessment roll were duly had, taken and performed as required by this Act [section]; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Section 16. [Form, terms of bonds.] All bonds issued under this Act [section] shall be in the denomination of $1,000,00 or some multiple thereof and shall bear interest not exceeding seven per centum per annum, payable annually or semi-annually and both principal and interest shall be payable at such place or places as the City Council of said city may determine. The form of such bonds shall be fixed by resolution of the City Council and said bonds shall be signed by the Mayor or Chief Executive Officer of the municipality and the Clerk or other like officers thereof, under the seal of the municipality; the coupons, if any, shall be executed by the facsimile signature of said officers. The delivery of any bond and coupon so executed at any time thereafter shall be valid although before the date of delivery the person signing such bond or coupons shall cease to hold office. Section 17, [Interpretation of provisions.] This Act [section] shall without reference to any other Act of the Legislature of Florida be full authority for the issuance and sale of the bonds by this Act [section] authorized, and shall be construed as an additional and alternative method to said City of Rockledge for the financing of the improvements herein referred to. No ordinance, resolution, or proceeding in respect of the issuance of any bonds hereunder shall be necessary except such as is required by this Act [section], and no publication of any resolution, ordinance, notice or proceedings relating to the issuance of the bonds provided for by this Act [section], shall be required except such as required by this Act [section]. Section 18. [Bonds declared negotiable, incontestable.] Bonds issued hereunder shall have all the qualities of negotiable paper under the law merchant and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof and shall be incontestable in the hands of bona fide purchasers or holders thereof for value. Section 19. [Effect on other laws.] This Act [section] shall not repeal any other statute relating to the subject matter hereof but shall be deemed to provide a supplemental, additional and alternative method of procedure for the benefit of said City of Rockledge. Section 20. [Effective date.] This Act [section] shall go into effect immediately upon its passage and approval by the Governor or upon its becoming a law without his approval. (Laws of Fla. 1925, Ch. 11093) Editor's note: Laws of Fla. 1925, Ch. 11093, from which the above section was derived, was approved by the governor on June 3, 1925. State law references: Maximum interest on municipal obligations, F.S. § 215.685. http://library8.mun1code. cam/default-4now/DocV 1 ew/10328/1/14/16 9/28/2009 ARTICLE 3. ZONING* ARTICLE 3. ZONING* Page 1 oft *Editor's note: By Ord. No. 412-76, and subsequently by Ord No. 984-90, the city adopted the provisions of F.S. Ch. 163, Pt. 11, so that its present authority and the procedures to be followed in exercising that authority are as provided by that part rather than by the special acts included in this article. Sec. 301. Power and jurisdiction generally. SECTION 1 Section 1. [Enumerated.] The present Charter of the City of Rockledge, Brevard County, Florida, is hereby amended by adding to the jurisdiction and powers of said city and the jurisdiction and powers of officers of said city the following, to wit: (1) That said city, through its duly qualified officers shall have power to divide said city into zones for the purpose of regulating the erection of buildings or other structures in said city, and to create zones in said city where only buildings or structures to be used for residential purposes shall be allowed to be erected, (2) That said City of Rockledge shall have power through its duly qualified officers to create a zone or zones along the front of the Indian River of said city where no structure or building of any kind shall be allowed to be erected. SECTION 2 Section 1. [Severability.] If any section or part of section of this Act [section] proves to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section, or part of section, of the Act [section], unless it clearly appears that such other section or part of section is wholly or necessarily dependent for its operation upon the section or part of section so held to be unconstitutional or invalid. Section 2. [Conflicting laws repealed.] All laws and parts of laws in conflict with the provisions of this Act [section] are hereby repealed in as far as they affect the City of Rockledge. Section 3. [Effective date.] This Act [section) shall go into effect immediately upon its passage and approval by the Governor, or upon its becoming a law without an approval. (Laws of Fla. 1925, Ch. 11712) Editor's note: Laws of Fla. 1925, from which this section was derived, was approved by the Governor on December 1, 1925. Sec. 302. Plan and regulations. Section 1. [Authorized; factors to be considered.] The City of Rockledge, Florida, may in the http://librady8.municode. corn/defau[t-now/DocView/10328/1/14/17 9/28/2009 ARTICLE 3. ZONING* Page 2 of 2 interest of the public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of buildings or other structures, or the area of [or] dimensions of lots or yards in connection with buildings or other structures, or for the purpose of regulating the alignments of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts and such districts may be of such shape and area as shall be best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families, or other group units to reside in or use buildings, the public, quasi -public or private nature of the use of the premises or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. Section 2. [Ordinance adoption procedure.] Any ordinance adopting zoning regulations as above authorized shall be passed in the manner provided for in the City Charter of the City of Rockledge, Florida, as presently existing. Section 3. [Administration and enforcement; appeals.] The zoning regulations shall be enforced and administered by the City Council of the City of Rockledge or the building inspector of the City of Rockledge, Fforida, acting under the rules and regulations of the City Council, and as to all decisions made by said building inspector of said City of Rockledge, Florida, the said City Council shall hear and decide appeals and review any order, requirement, decision or determination made by said building inspector in the enforcement of said zoning regulations. Section 4. [Inconsistent laws repealed.] All laws or parts of laws in conflict herewith are hereby repealed. Section 5. [Effective date.] This Act [section) shall go into effect immediately upon its passage and approval by the Governor, or upon its becoming a law without the approval of the Governor. (Laws of Fla. 1937, Ch. 18839) Editor's note: Laws of Fla. 1937, Ch. 18839, from which the above section was derived, was approved by the Governor on June 11, 1937. http:,//l 1 brary8,mun1code, corn/default- now/ DocView/10328/1/14/17 9/2$/2009 Subpart C TABLE OF OMITTED- SPECIAL ACTS` Subpart C TABLE OF OMITTED SPECIAL ACTS* *Editor's note: For contents and handling of this subpart, see the footnote on page 1. TABLE INSET: Page 1 of 2 http-.//'Iibrary8.mun1code.com/dcfauIt-now/DocV'Lew/1 0328/1/18 9/28/2009 Chapter Year Number Subject Matter Reason for Omission 1927 13343 Authorizing borrowing $85,- Not prospective 000.00 1927 Provide supplemental Rendered obsolete by county 13344 procedure for collecting taxes assumption of tax collecting function per F.S. § 193.16(2) 1927 13345 Validate 1922--1926 taxes Not prospective 1927 13346 Validate 1925 annexation Repealed by Laws of Fla. 1953, Ch. 29481 1929 14335 Validate 1924--1928 taxes Not prospective 1929 Declaring lien for taxes and 14336 procedure for enforcement Now governed by general law thereof 1929 14337 Assessment of property Now governed by general law omitted from prior rolls 1931 15459 Penalties for delinquent taxes Now governed by general law 1931 15461 Validate prior paving liens Not prospective 1933 16650 Assessment of property Now governed by general law omitted from prior rolls 1933 16651 Validate 1924--1932 taxes, Not prospective other prior actions 1937 18840 Validate 1924--1936 taxes, Not prospective other prior actions 1941 21519 Validate 1937--1940 taxes, Not prospective other prior actions 1945 23514 Authorize lease of golf course Course subsequently sold 1947 24854 Authorize sale of golf course Course subsequently sold 1957 57-1774 Abolish firemen's pension Not prospective; firemen's pensions system now governed by ordinance 1959 59-1779 Court abolished by Fla. Const., Art. V, http-.//'Iibrary8.mun1code.com/dcfauIt-now/DocV'Lew/1 0328/1/18 9/28/2009 Subpart C TABLE OF OMITTED SPECIAL ACTS' Page 2 of 2 http://library8.municode.com/default-now/DocVlew/10328/1/18 9/28/2009 Create municipal court § 20 1959 59-1781 Abolish policemen's pension Not prospective; policemen's pensions system now governed by ordinance 1967 67-1967 Annexation procedures Repealed by Ch. 70-914 1973 73-606 Mayor to preside at council Failed at referendum meetings 1981 Council reduced to five (5) members. Mayor elected by Failed at referendum council http://library8.municode.com/default-now/DocVlew/10328/1/18 9/28/2009 PART I CHARTER.* Article L In General See 1.0L Creation of government- overnmentSec, Sec,1.02. City boundaries defined_ Sec, 1.03. Congtmctton of Charter. See I.N. Intergovernmental relation. Sec. 1.05. Annexation or contraction of land Article II. City Council Sec. 2.01. Powers and duties generally. See. 2.02. Membership and qualifications. Sec. 2.03. Terms. Sec. 2.04. Potters and duties of mayor; vice -mayor. Sec. 2.05. Compensation. Sec. 2.06. Prohibitions generally. Sea 2.07. Vacancies. See 2.08. Removal of coun dlm emberc grounds_ See 208. Tb ba judge of members' qualifications See 2.10. Meetings. Sea 2.11. Quorum roles; journal of proceeding& Sea 2.22. Ordinances and resolutions generally. Sea 2,13. Emergency ordinances. Sec. 2.14. Technical codes. Sea 216. Codification of ordinances, resohi6oas and technical regulations. Sec. 2.16. Evaluation of the city manager. Article IIT. City Manager Sec. 3.01. Appointment; qualifications; tOmpensation; nature of euxploy- ment3At will; removal; successor. Sea 3.02. Acting City manager. Sec, 3.03. Powers and duties. Article TY. Adxainfstrative Units Sea 4.01. Generally Sec. 4.02. Personnel policy end system_ Sea 4.03, Professional servicer contractual employees; consultants and part-time employees. Sea 4.04, Advisory boards. Article V. Flections Sea 5.01. $lectors. Sea 5.02. Reglstmtioa Sea 5.03. Required laws. *Bditor's note—Printed herein is the Charter of the City of Satellite Beach, Florida, as adopted by referendum on September 18, 1978. Amendments to the Charter are indicated by parenthetical history notes following amended provision& The absence of a history note indicates that the prvi ision remains unchanged from the original Charter. Obvious misspellings have been corrected witbout notation. For stylistic purposes, a uniform system of headings, eatchlines, citations to stats statutes and expression of numbers in ted has been used. Additions made for clarity are indicated by brackets. State law reference—Municipal home rule powers, F.S. ch. 166. Supp. No. 12 CHT.1 SATBs •► M BEACH CODE Sec. 6.04. Time and manner of holding. Sec. 5.05. Recall of cammilmemhers. Sec- 5,06. Initiative and referenda VII, Revenue Deficiencies, Financing and TAmitations Sec. 7.01. Article VL Fiscal Matters Generally Sec. 6.03- F5scal year. Sec. 6,02. Budget Sec. 6,03. Taxes, fees and user charges. Sec. 6.04. Authorixat on for certain taxation ordinances, Sec. 6.05. Competitive bidding. Sew 9.06. Independent audits. VII, Revenue Deficiencies, Financing and TAmitations Sec. 7.01. Accounts, Sec_ 7.02. Deficiencies of revenue. Sec. 7.03. Borrowing against pledge of revenue. Sec. 7.04. Limitations on bonded indebtedness Sec- 7.05. Borrowing for special asses=ents Article VML Planning and Zoning Sem 8.01. Comprehensive plan. Sec. 8,02. Comprehensive planning advisory board. Sec. 8.03. Planning and waing board. Sec. 6.04. Certain ordinances requiring approval by referendum. Artiole M Miscellaneous Provisions Sec. 9,01. City code of ethics. Sec. 9,02. Charter amendments and revisions. Sec. 9,03. Conflicting laws. Sea 9,04, SeverabWty of Charter provisions. Sea 9,06, Legality. Sea 9,06. Bird and wil life sanctuary. Article S. Transitional Provisions Sea 10.01. Rigbts of officers and employees. Sec 10.02. Departments, offices and agencies. See. 10.03. Pending matters. Sec 10.04. Ordinances preserved. See. 10.06. Schedule. Supp. No. 12 CHT:2 CHARTER AIEMCLE L IN GENERAL Sec. 1.01. Creation of government. There is hereby created a municipal corpora- tion under the name of the City of Satellite Beach in the County of Brevard, State of Florida, which city shall have all powers possihk for a city to have under the Constitution and laws of the State of Florida as fully and completely as if specifically enumerated in this Charter, in addition to any powers specifically so enumerated. Sec. 1.02. City boundaries defined. In accordance with the provisions of law, the following descnbed parcal of property being situ- ated in Brevard County, contiguous to the exist- ing corporate limits and boundaries of the City of Satellite Beach, and being reasonably compact, is hereby annexed, established, organized into, and made a part of the City of Satellite Beach: 3,xpp. Na 13 CHT.3 61-02 LEGAL DESCRIPTION SECTION 26. TOWNSHIP 26 SOUTH. RANGE 37 EAST "EXHIBIT A" PURPOSE: CREATE UNIFIED LEGAL DESCRIPTION OF THE CITY OF SATELLITE BEACH LEGAL DESCRIPTION: SHEET 1 OF 3 NOT VALID WITHOUT SHEETS 2 AND 3 BEGIN AT THE INTERSECTION OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF SECTION 1. TOWNSHIP 27 SOUTH. RANGE 37 EAST, BREVARD COUNTY. FLORIDA. AND THE LOW WATER MARK OF THE ATLANTIC OCEAN AND THENCE RUN WESTERLY ALONG THE SOUTH LINE OF SECTION I AND SECTION 2 TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF SECTION 2; THENCE. RUN NORTHERLY ALONG THE WEST LINE OF THE SOUTHEAST ONE-OUARTER OF SAID SECTION 2 TO THE NORTHWEST CORNER OF THE SOUTHWEST ONE-OUARTER OF THE SOUTHEAST ONE-OUARTER OF SAID SECTION 2: THENCE RUN WESTERLY ALONG THE SOUTH LINE OF THE NORTHEAST ONE-OUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2 TO THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-OUARTER OF SECTION 2; THENCE, RUN NORTHERLY ALONG THE WEST LINE OF THE NORTHEAST ONE-OUARTER OF THE SOUTHWEST ONE-DUARTER OF SECTION 2 AND CONTINUE ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-OUARTER OF SECTION 2 TO A POINT 825.0 FEET SOUTH OF THE NORTH LINE OF SECTION 2. TOWNSHIP 27 SOUTH. RANGE 37 EAST; THENCE RUN WESTERLY PARALLEL WITH THE NORTH LINE OF SAID SECTION 2. 564.0 FEET; THENCE. RUN NORTHERLY PARALLEL W17H THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SAID SECTION 2. TO THE NORTH LINE OF SAID SECTION 2. TOWNSHIP 27 SDUTH. RANGE 37 EAST: THENCE. RUN WESTERLY ALONG THE NORTH LINE OF SECTION 2 AND SECTION 3. TO THE CHANNEL OF THE BANANA RIVER: THENCE. RUN NORTHERLY ALONG THE CHANNEL OF SAID BANANA RIVER TO A POINT LYING ON THE WESTERLY EXTENSION OF THE NORTH LINE OF GOVERNMENT LOT 4 LYING IN SECTION 27. TOWNSHIP 26 SOUTH. RANGE 37 EAST; THENCE. RUN EASTERLY ALONG THE NORTH LINE OF GOVERNMENT LOT 4 AND ITS WESTERLY EXTENSION TO A POINT LYING ON THE CENTER LINE OF THE MOSQUITO CONTROL CANAL LYING IN SAID GOVERNMENT LOT 4; THENCE. RUN SOUTHERLY ALONG THE CENTERLINE OF SAID MOSOUITO CONTROL CANAL TO A POINT LYING ON THE NORTI LINE OF SECTION 34. TOWNSHIP 26 SOUTH, RANGE 37 EAST: THENCE. RUN EASTERLY ALONG THE NORTH LINE OF SECTION 34 AND SECTION 35 TO THE WEST LINE OF THE RIGHT -DF -WAY OF STATE ROAD AIA. BREVARO COUNTY. FLORIDA; THENCE. RUN NORTHERLY ALONG THE WEST LINE OF THE RIGHT-OF-WAY OF STATE ROAD AIA TO THE SOUTH LINE OF THE NORTH 1334.20 OF GOVERNMENT LOT 1. WEST OF STATE ROAD AIA: THENCE. RUN EASTERLY ALONG SAID SOUTH LINE OF THE NORTH 1334.20 OF GOVERNMENT LOT 1 TO THE LOW WATER MARK OF THE ATLANTIC OCEAN: THENCE. RUN SOUTHERLY ALONG THE LOW WATER MARK OF THE ATLANTIC OCEANTHE POINT OIGINNING. • ! fl t4 1 67 PREPARED FOR: CITY OF SATELLITE BEACH. FLORIDA DAVID J. 'UrEt N. PLS N0. 5117 NOT VALID U14LESS SIGNED AND SEALED KUGELMANN LAND SURVEYING, INC. 30 NORTH TROPICAL TRAIL. SUITE B MERRITT ISLAND. FLORIDA 32953 PREPARED BY: DAVID J. KUGELMANN. P.L.S. L.B. NO. 6575 - PHONE 1321: 459-0930 DRAWN BY: DJK CHECKED BY: KKw DRAWING NO. 2OD7108 SECTION 26 TOWNSHIP 26 SOUTH DATE: 12-13-07 SHEET 1 OF 3 REVISIONS RANGE 37 EAST OFFICIAL COURT USE ONLY L E G-AL...__-D.E---C-R. I.__E T_1Q N SECTION 26, TOWNSHIP 26 SOUTH. RANGE 37 EAST "EXHIBIT A" _ PURPOSE: CREATE UNIFIED LEGAL DESCRIPTION OF THE SHEET 2 OF 3 CITY OF SATELLITE BEACH NOT VALID WITHOUT LEGAL DESCRIPTION: SHEETS 1 AND 3 ALL THAT CERTAIN PARCEL OF LAND BEING A PORTION OF SECTION 26. TOWNSHIP 26 SOUTH. RANGE 37 EAST. BREVARD COUNTY. FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A P -WK NAIL AND WASHER STAMPED MOTT 3608 MARKING THE SOUTHWEST CORNER OF SAID SECTION 26 LYING IN TOWNSHIP 26 SOUTH, RANGE 37 EAST. BREVARD COUNTY. FLORIDA AND BEARING COORDINATES NORTH 1.400.864.68 FEET AND EAST 783.018.08 FEET BASED ON STATE PLANE COORDINATE SYSTEMS. FLORIDA EAST. NAD 83: THENCE NORTH 89 DEGREES. 16 MINUTES, 21 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 26 FOR A DISTANCE OF 1.317.82 FEET TO A RECOVERED 4x4 INCH CONCRETE MONUMENT BEING DESIGNATED AS THE POINT OF BEGINNING FOR THE HEREIN DESCRIBED PARCEL OF LAND; THENCE FROM THE POINT OF BEGINNING RUN NORTH 00 DEGREES. 53 MINUTES. 24 SECONDS WEST ALONG THE EAST LINE OF SOUTH PATRICK PARK FIRST ADDITION ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 17, PAGE 116 OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. FOR A DISTANCE OF 1.000.55 FEET TO AN IRON PIPE: THENCE SOUTH 89 DEGREES. 16 MINUTES. 43 SECONDS WEST FOR A DISTANCE OF 1.218.65 FEET TO A 4x4 INCH CONCRETE RIGHT-OF-WAY MARKER FOR SOUTH PATRICK DRIVE: THENCE NORTH 00 DEGREES, 55 MINUTES, 02 SECONDS WEST FOR A DISTANCE OF 3.001.31 FEET TO A RECOVERED 4x4 )NCH CONCRETE RIGHT-OF-WAY MARKER: THENCE NORTH 89 DEGREES. 14 MINUTES. 27 SECONDS EAST FOR A DISTANCE OF 3.333.18 FEET TD A RECOVERED 1 FOOT CONCRETE MONUMENT BEING A RIGHT-OF-WAY MARKER FOR STATE HIGHWAY AIA: THENCE SOUTH 09 DEGREES. 58 MINUTES, 53 SECONDS EAST FOR A DISTANCE OF 1.700.45 FEET TO A P+WC NAIL SET IN TOP OF CONCRETE WALL: THENCE SOUTH 12 DEGREES, 03 MINUTES, 50 SECONDS EAST FOR A DISTANCE OF 2.371.13 FEET TO A RECOVERED 6x6 INCH CONCRETE MONUMENT MARKING THE RIGHT-OF-WAY OF STATE HIGHWAY AIA; THENCE SOUTH 89 DEGREES. 15 MINUTES. 35 SECONDS WEST FOR A DISTANCE OF 1.000.00 FEET TO A SET ALUMINUM MONUMENT HAVING THE DESIGNATION OF SECOR-1t THENCE SOUTH 89 DEGREES. 15 MINUTES. 28 SECONDS WEST FOR A DISTANCE. OF 1.000.04 FEET TO A SET ALUMINUM MONUMENT HAVING THE DESIGNATION OF SECDR-2; THENCE SOUTH 89 DEGREES. 15 MINUTES, 46 SECONDS WEST FOR A DISTANCE OF 841.06 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 309.99 ACRES. MORE OR LESS. ALSO. GENERALLY KNOWN AS PATRICK AIR FORCE BASE SOUTH HOUSING AREA. I / PREPARED FOR: CITY OF SATELLITE BEACH. FLORIDA DAVID JJJJJ KLIGELMLA. PLS NO. 5117 NOT VALID UNLESS SIGNED AND SEALED PREPARED BY: DAVID J. KUGELMANN. P.L.S. DRAWN BY: DJK CHECKED BY: KKW DATE= 12-13-07 1 SHEET 2 OF KUGELMANN LAND SURVEYING, INC. 30 NORTH TROPICAL TRAIL. SUITE B MERRITT ISLAND. FLORIDA 32953 L.B. NO. 6575 - PHONE (321) 459-0930 SECTION 26 DRAWING NO. 2007108 TOWNSHIP 26 SOUTH 3 REVISIONS RANGE 37 EAST ISKETCH OF DESCRfPTIONI OFFICIAL COURT USE ONLY THIS IS NOT A SURVEY BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION SHOWN HEREON. PROJECT NO. 2007108 "EXHIBIT A" NOTE 1: P -*K NAIL & WASHER STAMPED MOTT 3608 MARKING THE: N LINE OF SEC 27 SOUTHWEST CORNER OF " SECTION 26 AND HAVING FLORIDA EAST ZONE NORTH AMERICAN DATUM OF 1983 STATE PLANE COORDINATES o OF NORTH 1.400.864.68 FEET P AND EAST 783.018.00 FEET. o II m SEC. 27 r Y Z WESTERLY EXTENSION OF THE o N LINE OF GOVERNMENT LOT 4. SEC 27 —� C1707:THE >u050vJff0ROL CANAL I l SEE - 7 E - S LINE OF SEC 27 NOTE 1 5 N LINE OF SEC 34 y r a pz. �z p r SIEC.34 � r xZ SCALE: 1'=2000' SHEET 3 OF 3 THIS SKETCH IS NOT A SURVEY AND IS NOT VALID WITHOUT SHEETS 1 AND 2 N UNE OF SEC 26 S UNE OF THE N 133420 FT OF � GOVERIVUENT LOT 1. SEC 26 LINE TABLE: i L1: N89916'21"E. 1317.82' i 1-2: NOD' 53'24"W. 1000.55' L51-3: S89°16'43"W. 1218.85' L4: N00055'02'W. 3001.31' f a 1-5: NB9°14'27"E. 3333.18' SEC.26 ` m L6: S09°58'53"E. 1700.45' ----_-- _ -� 1 L7: S12'03'50"E• 2371.13' PATRICK AIR \� FORCE BASE 1 SOUTHARHOUSIN 1 1-9: 1-10: S89°15'28"W. S89°15'46"W. 1000.04' 841.06' .3 1 , 4 I '-j \ 1 5 LILINE OF SEC 26 P.D.B. =71 O -L9- L8 -A N LINE OF SEC 35 — -4 POINT -OF -COMMENCEMENT :4 LEGAL, SHOWN ON SHEET 2 OF 3 _JACKSON AVE ammimmJ1 �J� F-smMEm N LINE OF SEC 3 N LINE OF SEC 2 PARALLEL WITH AND 564D FT W OF THE E LINE 4 OF THE NW %4 OF THE NW %4 SEC 2 PARALLEL W?H AND 625D FT S OF THE N UNE OF SEC 2 --- W LINE OF THE E %p OF THE NW %4 OF SEC;2— W LINE OF THE NE V4 OF THE STN %4 OF SEC;2 W RIGHT OF WAY LINE OF STATE ROAD AIA � D i � O nr � � D D m Tn D _ z l 1 € r SEC. 36 CASSIA BLVD -fJH OESOTO:PKWY I --H S LINE OF THE NE V4 OF THE SW V4 OF SEC 2 -� r I ;W LINE OF THE KUGELMANN LAND SURVEYING. INC. i SE V4 30 NORTH TROPICAL TRAIL, SUITE 8 ' MERRITT ISLAND, FLORIDA 32953 L.B. NO. 6575 - PMONE 13211 459-0930 PREPARED BY: DAViO J. KUGELMANN. P.L.S. SEC.2 TOWNSHIP 96 SOUTH TOWNSHIP 27 SOUTH SW COR OF THE S LINE OF SEC -I& SEC.2 SE V4 OF SEC 2 POINT -OF -BEGINNING LEGAL SHOWN ON SHEET 1 OF 3 CHARTER Sec. 1.03. Construction of Charter. The powers of the city under this Charter shall be construed liberally in favor of the city, and the specific mention of particular power in the Char- ter shall not be construed as limiting in any way the general power stated in this article. Sec. 1.04. Imtergovernmental relation. The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or agencies thereof, other counties or mu- nicipalities or the United States air agencies thereof, to the fullest extent permitted by law. Sec. 1.06. Annexation or contraction of land. All annexations, including voluntary annex- ation, shall adhere to the procedures prescribed in F.S. § 171.0413. (Ord. No. 420, § A, 9-3-86/11-4-86) ARTICLE EL CITY COUNCIL Sec. 2.01. Powers and duties generally. All powers of the city shall be vested in an elected council, except as otherwise provided by law or by this Charter. The council shall provide for the exercise by the city of its municipal powers and for the performance of all duties and obhp- tions imposed on the city by law. Sec. 2.02. Membership and qualifications. (1) The council shall consist of four members and a mayor, elected by the qualified voters of the city at large, as hereinafter provided, Members of the city council shall have been residents of the city for at least a year prior to the date of qualification for office and shall have the quahB- cations of a city elector. (2) Any qualified elector of the city who meets the foregoing qualifications may qualify for a council seat by filing with the city clerk a petition signed by ten qualified city electors, together with a filing fee, during the qualifying period as estab- lished from time to time in the city code of § 2.04 ordinances. Said elector shall submit concur- rently therewith a sworn statement of his or her name, address, occupation and willingness to serve if elected. Until otherwise provided by city ordinance, the filing fee shall be $1.00. (Ord. No. 420, § B, 9-3-86/11-4-86; Ord. No. 814, § 1, 8-15-01) Sec. 2.03. Terms. (1) There shall be elected four councilmembers and a mayor to a three-year term of office. Two councilmembers shall be elected in the same year. The mayor and two councilmembers shall be elected the following year. (2) No person who is completing two consecu- tive elective terms shall be eligible for election or appointment to the office ofmayor or councilperson. However, no person shall serve more than eight consecutive years. This restriction applies to serv- ing in the office of mayor or councilperson, or a combination of the two. A period of one full election year must expire before a candidate shall be eligible for reelection or appointment. (3) Councilmembers shall take office at the start of new business during the first regular council meeting following the meeting held for the purpose of accepting and approving the results of the election from the supervisor of elections. Un- less elected or appointed to fill an unexpired term, each counciimember shall hold office for a term of three years or until his or her successor is elected and installed. (Ord. No. 420, § C, 9-3-86/11-4-86) Sec. 2.04. Powers and duties of mayor; vice - mayor. The mayor shall qualify and run for office for a term of three years as hereinafter provided. He or she shall be a voting member of the council, the presiding officer of the city council, and the titular head of the city. The mayor is recognized as head of the city government for ceremonial purposes, for the purposes of service of civil process, and for purposes of martial law. The mayor shall execute instruments to which the city is a party as the council may direct, unless otherwise provided by this Charter or by the law. Supp. No. 13 CHT:4.1 § 2.09 SATELLITE BEACH OODE The council shall select from its membership a vice -mayor who shall serve as mayor in the ab- senee of the mayor. (Ord. No. 187, § 1, 10-6-77; Ord. No. 420, § D, 9-3-86/11-4-86) See. 2.06. Compensation. The mayor and members of the city council shall serve without salary, but the council may provide that members shall receive their actual and necessary expenses incurred in the perfor- mance of their duties. Salaries shall not be pro- vided for Supp. No. 13 CHT..4.2 CHARTER these elective offices unless and until such pay- ment of salaries for the specified elective offices is approved by a majority vote of the electors of the city when presented in specific language on the ballot for a regular city election. Sec. 2.06. Prohibitions generally. (1) Holding other office. Except where autho- rized by law, no councilmember shall hold any other city office or position, whether paid or un- paid, during the term for which he or she was elected to the council. (2) Appointments and removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the manager or any of his or her subordinates are empowered to appoint, but the council may ex- press its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees. (3) Council not to interfere in administrative af- fairs, Neither the council nor any of its members shall direct or request any personnel action by the city manager or any of his or her subordinates, nor interfere in any manner with the internal ad- ministrative service except solely through the city manager, Nothing in the foregoing shall be con- strued to prohibit individual members of the council from closely scrutinizing, by questions and personal observations, all aspects of city govern- ment operations, so as to obtain independent in- formation to assist councilmembers in the formu- lation of sound policies to be considered by the council. It is the express intent of this Charter that recommendations for improvement in city government operations, by individual councilmem- bers, be made to and through the city manager, so that the manager may coordinate efforts for all city departments to achieve the most efficient mu- nicipal government operations. (Ord. No. 420, § E, 9.3-86/11-4-86) Const. law reference—Dual office -holding prohibited, Fla. Const., art. II, § 5(a). Sec. 2.07. Vacancies. A vacancy shall occur upon the death, resigna- tion, removal from office as authorized by law, or § 2.08 forfeiture of office of a councilmember. When such vacancy occurs, the remaining councilmembers shall select by the affirmative vote of not less than three of the remaining membership a person to fill the vacancy. Such a person shall meet the qual- ifications for councilmembers specified in this Charter and shall serve until the next general/ city municipal election. Any temporary vacancy in office, to include one created by suspension of an official under any provision of law, shall be filled by a temporary appointment to such office for the period of such suspension/vacancy. Such temporary appointment shall be made in the same manner and by the same authority by which per- manent vacancies for such office are filled. If the council shall fail to fill the rlrst vacancy within 30 days after it occurs, the city clerk shall immediately call a special election to fill the va- cancy. If additional vacancies should occur in the same elective year, there shall be a special elec- tion called by the city clerk within 60 days to fill the second and/or subsequent vacancies. These elective seat -seats shall fill the balance of the un- expired terra. In the event there is a vacancy in the office of mayor, the vice -mayor shall become interim mayor with the full powers and duties as provided by this Charter or other law. If six months or more remain in the current term of the mayor, the city clerk shall call a speeial election to fill the office for the unexpired portion 'of the term, and such election shall be held and completed within 90 days of the occurrence of the vacancy. The council may appoint a qualified citizen of the city, as set forth in Section 2.02, to rill the vacancy created by the ascension of the vice -mayor for the period of time that the vice -mayor acts as mayor. (Ord. No. 420, § F, 9-3.86/11-4-86) State law reference—Suspension and filling of vacancies in elective office, F.S. § 112.51. Sec. 2.08. Removal of councilmembers; grounds. The office of a councilmember shall be forfeited whenever a member: CHT:5 (1) Ceases to possess the qualifications listed in Section 2,02 of this Charter; § 2.08 SATELLITE BEACH CODE (2) Is convicted of a felony or a misdemeanor involving moral turpitude; (3) Commits an act constituting malfeasance, misfeasance or neglect of duty; (4) Is permanently unable to perform official duties; (5) Qualifies as a candidate for another public office whose term will overlap the council - member's current term. Such member shall resign not less than ten days prior to the first day of qualifying for the office he or she intends to seek, with the resignation to be effective the day he would assume office if elected; (6) Is absent from four consecutive regular council meetings or is absent from one-third of the regular council meetings during any 12 -month period for whatever reason. (Ord. No. 420, § H, 9.3-86/11-4-86) State law referenoes—Reslgnatlon required to run for other office, F.S. § 99.012; suspension or removal from office, F.S. § 112.51. See. 2.09. To be judge of members' qualifica- tions. The council shall be the judge of the election and qualifications of its members and for such purpose shall have the power to subpoena wit- nesses and require the production of evidence, but the decision of the council in any such case shall be subject to review by the courts. Sec. 2.10. Meetings. The council shall meet regularly in the council chambers of the civic center or other municipal building at such times and places as it may pre- scribe, but in no event less than once each month. All meetings of the council shall be open to the public. Special meetings limited to the subject speci- fied in the call may be convened by the mayor, council chairman, any three councilmembers, or the city manager upon at least 24 hours' notice to each member and to at least one newspaper of general circulation. The council shall prescribe the means of serving or furnishing such notice. Emergency meetings may be called. The council shall provide by ordinance for determination of an emergency meeting. State law reference—Open meatinge, F,B. § 288.011. Sec. 2.11. Quorum; rules; journal of proceed. Ings. (1) Three members of the council shall consti- tute a quorum, but a smaller number may ad- journ from time to time and may require the ab tendance of absent members in such manner and under such penalties as the council may prescribe. No action of the council, except raising a quorum shall be valid or binding unless adopted by the affirmative vote of at least three members of the council. Voting shall be by roll call and ayes and nays shall be recorded in the council's journal. (2) The council shall determine its own rules and order of business, and shall provide for the keeping of a journal of its proceedings, which journal shall be a public record. The council may prescribe rules for expelling disorderly persons from its meetings. Sec. 2.12. Ordinances and resolutions gener- ally. Every proposed ordinance or resolution shall be introduced in the final written or printed form required for adoption. The enacting clause of or- dinances shall recite: "Be it enacted by the City Council of the City of Satellite Beach, Florida." No ordinance shall be passed until it has been read at two council meetings, not less than two weeks apart- Upon the unAnimous affirmative vote of the councilmembers present at each reading, both readings may be by title only, if at least six written copies of the ordinance are made avail- able to attendees. At least ten days prior to adop- tion, the proposed ordinance shall be noticed once in a newspaper of general circulation in the city. A proposed ordinance may be amended at ei- ther meeting. However, no ordinance shall be amended at the second or later reading so as to change its intent without a further reading at least one week later. The council may provide for public hearings or for the publication of notice concerning the subject matter of any proposed ordinance or amendment. Ordinances and resolutions shall be- CHT:6 CHARTER § 3.01 come effective upon passage unless otherwise spec. ified therein. Every ordinance and resolution shall, upon final passage, be authenticated by the pre- siding officer and the city clerk and shall be re- corded in full in a properly indexed book main- tained by the city clerk, and published as the council shall prescribe. (Ord. No. 420, § Ir, 9-3-86/1114.86) State law reference—Uniform minimum procedure for adoption of ordinances, F.S. § 168.041. Sec. 2.13. Emergency ordinances. Notwithstanding the provisions of the foregoing sections, the council may enact emergency ordi- nances to meet serious public emergencies af- fecting the welfare of the city or its inhabitants. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly desig- nated as an emergency ordinance and the condi- tions constituting such emergency shall be stated therein; it may be adopted with or without amend- ment at the meeting at which introduced. No emer- gency ordinance shall be adopted which enacts or amends a land use plan or which rezones private real property. Emergency ordinances shall expire 120 days after enactment unless sooner specified therein. (Ord. No. 420, § L, 9-3-86/1114-86) State law reference—Adoption of emergency ordinances, F.S. § 168.041. Sec. 2.14. Technical codes. The council may adopt any standard code of tech- nical regulations by reference thereto in an adopting ordinance.' Adopting ordinances shall be enacted as herein provided for ordinances gener- ally. Any adopted code of technical regulations shall be made available to the public as the council shall provide. Sec. 2,15. Codification of ordinances, resolu- tions and technical regulations. Within two years after the effective date of this amended Charter, and at least once every five years thereafter, the council shall provide for the preparation of a general codification of all city ordinances, resolutions having the force of law, and such codes of technical regulations and other rules or regulations as the council may specify. The council may include in the general codifica- tion of the city Charter, Charter amendments, and relevant state constitutional and statutory provi. sions. Upon compilation, the general codification shall be known and cited as the City Code of Sat- ellite Beach, Florida. Copies of the code shall be furnisbed to city officers and public offices for ref- erence eference as required, shall be placed in the public library of the city, and shall be made available for purchase by the public at a reasonable price fixed by the council. Sec. 2.16. Evaluation of the city manager. The council shall establish and implement a policy and devise an instrument for the annual evaluation of the city manager, which establishes minimum acceptable standards. The rating shall be a composite of the evaluations of all council - members and shall be based upon the accomplish- ment of goals and objectives established by the council. It shall also note fulfillment of duties de- lineated in Article III, personal relations, and cre- ation of changes and ideas beneficial, or not, to the city. This evaluation shall be completed and discussed with the city manager no later than Sep- tember 15 of each year. The council may complete additional evaluations at such other times as may be required. (Ord. No. 420, § O, 9-3-86/11-4-86) ARTICLE III. CITY MANAGER Sec. 3.01. Appointment; qualifications; com- pensation; nature of employ- ment—At will; removal; successor. (1) The council shall appoint a city manager, who is a United States citizen, solely on the basis of his executive and administrative qualifications and shall fix his compensation. The manager is an "at -will" employee. (2) The manager may be removed by an affir- mative vote of three of the five councilmembers. Upon the removal of the city manager, the council shall immediately appoint a temporary manager. Council shall appoint a permanent city manager within 180 days.. Compensation of the temporary CHT:? § 3.01 SATELLITE BEACH CODE city manager shall be fixed by the council at the time of appointment. (Ord. No. 420, § P, 9-3-86/11-4-86) Sec. 3.02. Acting city manager. The city manager shall designate by letter Oiled with the city clerk an acting city manager to per- form erform his or her duties during his or her temporary absence or disability. If the manager fails to make such a designation, or if the council disapproves his or her designation, the council may by resolu- tion appoint another officer to serve until the man- ager returns or the disability ceases. In any case, the acting city manager shall be a department head of the city. (Ord. No. 420, § R, 9-3-86/11-4-86) Sec. 3.03. Powers and duties. The city manager shall be the chief administra- tive officer of the city and shall be responsible to the council for all city affairs placed in his charge by or under this Charter. The city manager shall have the following powers and duties: (1) Appoint and, when he or she deems it -nec- essary eo-essary for the good of the city, suspend or remove all city employees and department heads provided for by this Charter or by law. He or she may authori2e any depart- ment head who is subject to his or her di- rection and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. Dis- missal of all employees shall be in accor- dance with the established personnel policy. (2) Fix the compensation of city officers and employees within the pay schedules estab- lished by the city council, except for those persons appointed by the council. (3) Direct and supervise the administration of all city departments, offices and agencies, except as otherwise provided by this Charter or by law. (4) Attend meetings of the city council and have the right to take part in discussions but may not vote. (5) See that all laws, provisions of this Charter and acts of the council, subject to enforce- ment by him or bar or by officers subject to his or her direction and supervision, are faithfully executed. (6) Prepare and submit the annual budget and capital program to th6' council, and make such other reports concerning city opera- tions as the council may require. (7) Submit to the council a complete report on the finances and administrative activities of the city as of the end of each fiscal year and be prepared to give the present finan- cial status of the city whenever requested by the council. (8) Keep the council fully advised of the fi an- cial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as he or she deems necessary and desirable. (9) Endorse all instruments in writing in which the city is interested, signify his or her ac- knowledgment of the substance thereof as he or she deems appropriate, and execute contracts on behalf of the city unless the council shall otherwise provide. (10) Perform such other duties as are specified in the Charter or by action of the council. (Ord. No. 420, §§ S—V, 9-3.86/11-4-86) ARTICLE IV. ADMINISTRATIVE UNITS Sec. 4.01. Generally. (1) The council by ordinance may establish and prescribe the composition and functions of city de- partments, agencies, and offices in addition to those created by this Charter. In the same manner, units so created may be abolished or consolidated, or one or more functions of units may be discon- tinued, reassigned or provided by contract, or func- tions may be added. (2) All city units under the direction and super. vision of the city manager shall be administered by an officer appointed by the manager and shall (' CHT:8 CHARTER be subject to the direction and supervision of the manager. (3) With the consent of council, the manager may serve as head of one or more such depart- ments or units or may appoint one person as the head of two or more of them. (Ord. No. 420, § W, 9-8-86/11-4-86) Sec. 4.02. Personnel policy and system. The city council shall approve by ordinance and the city manager shall publish a personnel man- agement system, to include a merit system, poli- cies, and procedures to assure that selection, re- tention, promotion or demotion and dismissal of all city employees shall be based upon compe- tence and be free of political pressures. The system shall include an appeals process. All compensa- tion paid to officers and employees of the city shall conform to the pay plan approved by the council. (Ord. No. 420, § X, 9.3-88/11.4-86) Sec. 4.03. Professional services; coatnraetual employees; consultants and part- time employees. Professional services may be procured through contractual arrangements on either a regular or as -needed schedule with qualified firma or indi- viduals and persons may be employed on a part- time basis by the city manager within the policies approved by the council. Sec. 4.04. Advisory boards. The council may establish advisory boards to make recommendations concerning beautification, economic development, parks, recreation; library and other areas as the council deems advisable. Members of such boards shall be residents of the city, appointed by the mayor with the approval of the council, with fixed terms and methods of re- appointment as may be established by ordinance. A city councilperson may serve on an advisory board as a nonvoting member. (Ord. No. 420, § AA, 9-3-86/11-4-86) ARTICLE V. ELECTIONS* Sec. 6.01. Electors. § 6,04 Any person who is qualified to be an elector of the state and who resides in the city shall be an elector of the city. (Ord. No. 317, § 1, 10-6.82) State law reference—Electors of the city, KS. § 166.032. Sec, 5.02, Registration. All persons making application who are quali- fied to be registered under the laws of Brevard County and the election laws of the State of Florida will register in the supervisor of elections offices of the county. (Ord. No, 317, § 1, 10-6-82) Sec. 5.03. Required laws. Except as provided herein, or by ordinance, all elections in the city shall be conducted in accor- dance with the election laws of the State of Florida. (Ord. No. 317, § 1, 10-6-82) State Iaw referenoe—Florida election code, F.S. chs. 97- 106. Sec. 5.04. Time and manner of holding. Regular city elections shall be held on the first Tuesday after the first Monday in November of each year when required by this Charter. Candi- dates for the city council shall run at large and candidates for the office of mayor shall qualify and run at large. Council candidates receiving the highest number of votes cast shall be ranked ac- cording to totals received from high to low, with those ranked highest to be declared elected in order to fill the number of vacant council positions and expiring terms. In addition to electing candidates to fill ex- piring terms of members at each scheduled elec- tion, vacancies from other causes shall be filled in the same manner and in accordance with the pro- visions of this Charter. (Ord. No. 187, § 1, 10-5.77) *State Iaw reference—Florida election code, F.S. chs. 97- 146. CHT:9 § 6,06 SATELLITE BEACH CODE i Sec. 5.06. Retail of eouncilmembem Any member of the council may be recalled by the electors of the City of Satellite Beach as pro- vided by law. (Ord. No. 420, § CC, 9-3.86111-4-86) State law referenoe—Recall of municipal ofacers, F.S. ¢ 100.361. Sea. 6.06. Initiative and referenda. The electors of the city shall have the power to propose ordinances to the council, and, if the council fails to adopt a proposed ordinance without substantive change, to adopt or reject it at a city election. The electors of the city shall have power to require reconsideration by the council of any adopted ordinance, and, if the council fails to re- peal an ordinance so reconsidered, to approve or reject it at a city election. No power specified in this section shall extend to the budget or to any ordinance relating to appropriation of money, to any levy of taxes, or to salaries of city officers or employees. The council, by ordinance, shall pro- vide a system for the exercise of the powers granted by this section to the city electors. The ordinance shall provide that petitions for the ex- ercise of these powers must be signed by no less than 15 percent of the registered voters of the city. ARTICLE VI. FISCAL MATTERS GENERALLY* Sec. 6.01. Fiscal year. Unless otherwise provided by law, the fiscal year for the city government shall begin on October 1 of each year and and on September 30 of the fol- lowing year. (F.S. § 166.241) (Ord. No. 420, § DD, 9-3-86111-4-86) State law reference—Fiscal year, P.S. §§ 166,241, 218.33. Sec. 6.02. Budget. (1) Submission. The manager shall present to the council by not later than its first meeting in August of each year a budget for all phases and operation of city government for the next fiscal '$Fate law references—Fiscal matters, F.S. § 166.101 et seq.; financial matters, F.S. ch. 218. year, The budget shall contain an outline of the financial policies of the city for the fiscal year, a complete financial plan for the fiscal year, a de- tailed estimate of anticipated revenues, a detailed description of proposed expenditures, and a cap- ital program for the fiscal year. By message which shall accompany the budget, the manager shall describe important features of the budget plan and explain any major changes proposed in fiscal policy. (2) Form and Content. Other than as provided in this Charter, the form and content of the budget and budget message shall be approved by the council. The introduction of the budget shall in- clude a budget summary which presents to the electorate a general analysis of proposed fiscal op- erations for the fiscal year. Principal sources and amounts of anticipated revenue shall be itemized and the summary shall state separately amounts to be raised by property taxes. (3) Consideration by council. Upon receipt of the manager's budget, the council shall adopt a pro- posed budget after such consideration and revi- sion of the manager's budget as it deems neces- sary, The council shall fully determine tax requirements under its proposed budget. (4) Public hearing. The council shall hold a public hearing on the proposed budget at the first regular council meeting in September of each year, or at such other time as the council may provide on at least two weeks notice published once a week for two consecutive weeks in a newspaper of local circulation. Interested parties shall have the op- portunity to be heard for or against the budget or any parts thereof. At least two weeks prior to the time of such hearing, the council shall have pub- lished in a newspaper of local circulation the budget summary of its proposed budget, which shall conform to the summary heretofore required for the manager's budget. The final budget shall be adopted no later than the 27th day of the last month of the preceding fiscal year. Funds shall not be transferred from one department to another or allocated for items not included in the approved budget without prior approval of the city council. (5) Adoption. After the public hearing, the council shall adopt by resolution by vote of at least CHT:10 CHARTER a majority of the council membership a final budget for the city. In adopting the final budget, the council may amend the proposed budget by adding, increasing, deleting, or decreasing any pro- grams or amounts, other than expenditures re- quired by law or for debt service. The form and content of the final budget shall be the same as that required for the manager's budget. Total pro- posed expenditures in the final budget including unallocated reserves shall not exceed total antic- ipated revenues. (6) Eff ctiue date; appropriation; tax levy. From the effective date of the final budget, the amounts stated therein as proposed expenditures shall be and become appropriated to the designated pur- poses and objects, and the amounts stated therein as amounts to be raised by taxes shall constitute determinations of the amount of tax levies for city government purposes for the fiscal year. Taxes so levied shall be certified by the city clerk upon adoption of the final budget. The clerk shall make available copies of the final budget to city officers and interested persons. (Ord. No. 42.0, §§ EE—JJ, 9-3-86111-4-86) State law reference—Budget adoption procedure, F.S. § 200.065. Sec. 6.03. Taxes, fees and user charges. The city council shall have full power and au- thority to raise funds for operation of city govern- ment, and for all other municipal purposes, by levying those taxes and other revenue generating charges allowed by law. (Ord. No. 420, § KK, 9-3.86/11-4-86) Sec. 6.04. Authorization for certain taxation ordinances. The city council is authorized to establish poli- cies and programs by ordinances concerning. as- sessment rolls, collection, extension and payment of taxes, correction of errors and omissions made by assessment authorities, sale of property for de- linquent or unpaid taxes, and other related mat- ters, if not preempted by state law. (F.S. ch. 197 and F.S. § 200.065) (Ord. No. 420, § LL, 9-3.861114-86) State law referenoe—Assessment and collection of ad va- lorem (axes preempted, F.S. ch. 192 et seq. Sec, 6.05. Competitive bidding. 5 7.02 Competitive bidding, either through the city or other governmental agencies, shall be required on all purchases above an amount prescribed by council by ordinance. (Ord. No. 420, § NN, 9-3-86/11.4.86) Sec. 6.06. Independent audits. The council shall designate qualified certified public accountants who shall make an indepen- dent audit of accounts and financial transactions of the city government and the several units thereof as of the end of each fiscal year. The council may provide for more frequent audits of the city government, A copy of each audit shall be filed with the legislative auditor of the State of Florida. State law reference—Audit required, F.S. $ 218.92. ARTICLE VII. REVENUE DEFICIENCIES, FINANCING AND LIMITATIONS Sec. 7.01. Accounts. AM monies received by the city from any source shall be deposited to appropriate city accounts and entered in the city ledgers as funds received. There shall be appropriate accounting for all expendi- tures. Any monies received by the city or any of its boards for specific purposes from donations or fund raising activities shall be accounted for in appro- priate escrow accounts established for those spe- cific purposes. (Ord. No. 420, § 00, 9.3-86/11-4-86) Sec. 7.02. Deficiencies of revenue. The city may borrow to meet current obliga- tions when necessary to supply temporary defi- ciencies of revenue, subject to the following limi- tations. CHT: I I (1) The amount shall at no time exceed one- fourth of one percent of the assessed value of taxable property within the city, based upon the most recent tax assessment pre- ceding such loan or loans. (2) The period of time of the loan shall not ex- ceed one year. . J 7.02 SATELLITE BRACH CODE (3) The best interest rate available shall be sought to satisfy the city's borrowing needs. It shall be paid as stipulated by the terms of the loan. (4) The whole or any part of such loan may be extended as deemed necessary until fully paid, but every such extension shall be for a period of time not to exceed one year. (Ord. No. 420, § PP, 9-3-86111-4-86) Sec. 7,03. Borrowing against pledge of rev- enue. The council may borrow money, contract loans, and issue bonds to finance the undertaking of any capital or other project for the purposes permitted by the law and may pledge the funds, credit, prop- erty, and tasdng power of the city for the payment of such debts and bonds, subject to the following limitations (F.S. ch. 166, part 11, and ch. 169): (1) Any proposal to borrow shall be authorized by resolution or ordinance and placed be- fore the electors of the city for approval. (2) The proposed amount, together with all other outstanding indebtedness of the city at that time, shall not exceed in the aggre- gate five percent of the assessed valuation of the taxable property within the city, as determined by the most recent assessment. (3) The best interest rate available shall be sought to satisfy the city's borrowing needs. (4) I£ such proposal is approved, the city shall be authorized to issue aerially numbered revenue notes against the named fund or funds as evidence of such indebtedness. Each note shall be signed by the mayor, attested to by the city clerk, and affixed with the seal of the city, and shall be of no less denomination than $100.00. (5) Such notes shall be issued separately against such revenues heretofore described with amounts realized from such notes to be credited to such revenues against which notes have been issued, and each note so issued shall constitute a first lien in the amount of said note against the uncollected revenues in favor of the holder thereof and such notes shall be paid and retired in the same order as issued from the revenues as they are collected. (Ord. No. 420, § QQ, 9.3-86111-4.86) Sec. 7.04. Limitations on bonded indebted- ness. The following limitations shall apply to the is- suance of bonds: (1) Any proposal to issue bonds shall be placed before the electors of the city for approval. (2) The amount~ together with all outstanding indebtedness at the time, shall not exceed the aggregate percentage provided by law of the assessed valuation of the taxable property within the city as determined by the most recent assessment. (3) The best interest rate available shall be sought to satisfy the city's borrowing needs. Schedules and methods of repayment shall be announced by the council prior to issu- ance. (Ord. No. 420, § RR, 9.3-86111-4-86) Sec. 7.05. Borrowing for special assessments. Notwithstanding the provisions of this article, the city may borrow money or issue bonds to fi- nance public works projects as provided in F.S. ch. 170, without approval of the electors of the city. (Ord. No. 420, § SS, 9.3-86/11-4-86) ARTICLE VM. PLANNING AND ZONING* Sec. 8.01. Comprehensive plan. There shall be enacted a comprehensive plan for the city. The plan shall contain all of the ele• ments required by law and be reviewed accord- ingly. The plan shall serve as a guide for all council actions concerning land use, development regula- tions and expenditures for capital improvements. The council shall hold public hearings on any pro - CHT: 12 'State law reference—Planning, F.S. § 163.3161 et seq. CHARTER § 9.02 posed modification of the plan prior to adoption of any change by the council. (Ord. No. 420, § TT, 9-3-86/11-4-86) State law referenoe--Comprehensive plan, FS. § 163.3161 et seq. Sec. 8.02. Comprehensive planning advisory board. There shall be a comprehensive planning advi- sory board to perform those duties required of the local planning agency as that term is presently defined in F.S. § 163.3164(14). The comprehensive planning advisory board shall also act as the land development regulation commission until such time as the city omwcil shall appoint an advisory board to perform the functions of a land develop- ment regulation commission as that term is de- fined in F.S. § 163.3164(22). (Ord. No. 420, § UU, 9-3-86/11-4-86) Editor's nota—The compreben6ve planning advisoryboard has been designated the local planning agency by the city council. State law reference—Local planning agency. F.S. § 163,3174. Sec. &03. Planning and zoning board.. A planning and zoning board is hereby estab- lished to consist of the city council as it is consti- tuted from time to time. (Ord. No. 420, § W, 9-3-86/11-4-86) Sec. 8.04. Certain ordinances requiring ap- proval by referendum. (a) Any ordinance approving an application for a development permit, which shall have the effect of increasing the existing density in any zoning district as of the effective date of this charter provision, shall require a referendum of the qual- ified voters of the City before any such application and ordinance shall become effective. Further, no development peradt(s) shall be issued or be effec- tive until such ordinance is approved by such referendum. (b) Any ordinance, or portion of any ordinance, which amends the land development regulations of the City by (i) increasing residential densities greater than those densities allowed by such regulations existing on the effective date of this charter provision; (iii) increasing building heights greater than those heights allowed by such, regu- lations existing on the effective date of this char- ter harter provision; or (iii) decreasing breezeway per- centages below those required by such regulations existing on the effective date of this charter provision, shall require a referendum of the qual- ified voters of the City before any such ordinance, or portion thereof, can become effective. (c) Notwithstanding the foregoing, any struc- ture, either existing, permitted or approved by the appropriate regulatory agency or agencies on the effective date of this referendum, shall be allowed to be built, rebuilt or repaired in the event of a casualty or catastrophe, even if such structure(s) is or are nonconforming for failure to comply with the then -existing regulations govern- ing density, height and/or breezeways. (Ord. No. 938, § 6, 6-17-06/11-7-06) ARTICLE EL AUSCEL LANEOUS PROVISIONS Sea 9.01. City code of ethics. There shall be enacted a city code of ethics for all employees and public officers of the city which shall include any person elected or appointed to hold any office in any agency, including any person serving on an advisory board. The code shall include as a minimum those standards of conduct set forth in F.S. § 112.313. (Ord. No. 420, § XX, 9-3-86/11-4-86) State law reference—Code of etbica, FS. § 112.311 et seq. Sea 9.02. Charter amendments and revi- sions. Amendments or revisions to all or to any part of the Charter except that part describing the boundaries of the city and those parts mandated by Florida Statutes, may be proposed by ordi- nance or by petition signed by ten percent of the registered electors as of the last preceding munic- ipal general election. The proposed amendment or revision contained in the ordinance or petition, shall be placed to a vote of the electors at the next general or special election held for that purpose. (Ord. No. 420, § BBB, 9-3-86/11-4-86) State law reference—Procedure for amending Christer, F'S. § 166.031. Supp. No. 12 CHT:13 § 9.03 Seo. 9.03. Conflicting laws. SATELLITE BEACH CODE All laws and parts of laws, ordinances or reg- ulations, insofar as they conflict with or are inconsistent with the provisions of this Charter, are hereby repealed. (Ord. No. 420, § CCC, 9-3-86/11-4-86) Sec. 9.04. Severability of Charter provisions. If a court of competent jurisdiction shall de- clare an article, part of article, or any provision of this Charter invalid, such declaration shall not affect the remainder of this Charter. (Ord. No. 420, § DDD, 9-3-86/11-4-86) Sec. 9.05. Legality. Any section of any article in this Charter that is invalid or is otherwise prohibited by federal or state statutes is automatically repealed. When it appears that a deciEdon of a court of last resort invalidates an equivalent provision of this Char- ter, such statute or decision shall automatically repeal such invalidated provision without the necessity of amending this Charter, unless such amendment is otherwise deemed necessary and advisable. Sec. 9.06. Bird anal wildlife sanctuary. All territory embraced within the corporate limits as defined in section 1.02 hereof, or in future territorial expansion is declared to be a bird and wildlife sanctuary. The council shall by ordinance cause the erection and maintenance of suitable signs at the city limits on major road- ways. ARTICLE Z TRANSI'T'IONAL PROVISIONS Sec. 10.01. Rights of officers and employees. Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption_ Elected officers shall continue to hold their offices and discharge the duties thereof until their successors are elected and installed_ (Ord. No. 420, § GOG, 9-3-86/11-4-86) Sec. 10.02. Departments, offices and agen- cies. If a city department, office or agency is abol- ished by this Charter, the powers and duties given it by law shall be transferred to the city department, office or agency designated in this Charter, or, if the Charter makes no such provi- sion, as designated by the city council. (1) All property, records and equipment of any department, office or agency existing when this Charter is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the council in ac- cordance with this Charter. Sec. 10.03. Pending matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursu- ant to the provisions of this Charter. (Ord. No. 420, § EM, 9-3-86/11-4-86) Sec. 10.04. Ordinances preserved. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. (Ord. No. 420, § 111, 9-3-86/1114-86) Sec. 10.06. Schedule. This Charter shall be in full effect for all purposes on and after the date and the time specified when presented for adoption or, if such date is not included, the Charter shall become fully effective at a time stated by the city council, but in no case longer than 30 days after adoption by affirmative majority votes cast by the electors of the city. The city council shall fully implement all amendments to the Charter not later than six months after the amendments have been ap- proved by the electors. Supp. No. 12 CHT1.14 § 10.05 City expenses including payment of salaries and wages shall continue under existing author- ities uthorities until such time as the provisions of this amended Charter become effective. Such ex- penses shall continue until the council by ordi- nance shall discontinue or change such authori- zation. All financial accounts of the city, including bank accounts and all amounts due the city shall be continued under existing authorities until & nancial provisions of this Charter become fully effective and all indebtedness of the city shall continue to be honored when this amended Char- ter harter becomes fully effective. (Ord. No. 420, § JJJ, 9-3-86/11-4-86) Supp. No. 12 CHT;15 PROPOSED CITY CHARTER (approved by City Council on 7/22/09) Article Ill. City Manager Sec, 3.01 Appointment, qualifications, removal, compensation Sec. 3.02 Powers and duties Sec. 3.03 Evaluation Sec. 3.04 Acting city manager Article IV. Citv Deuartments and Boards Sec. 4.01 Departments Sec. 4.02 Boards Article V. Ordinances Sec. 5.01 Article I1. CitV Council Article 1. In General Sec. 1.01 City government Sec. 1.02 City boundaries Sec. 1.03 Intergovernmental activities Sec. 1.04 Annexation of land Sec. 1.05 Bird and wildlife sanctuary Article Ill. City Manager Sec, 3.01 Appointment, qualifications, removal, compensation Sec. 3.02 Powers and duties Sec. 3.03 Evaluation Sec. 3.04 Acting city manager Article IV. Citv Deuartments and Boards Sec. 4.01 Departments Sec. 4.02 Boards Article V. Ordinances Sec. 5.01 Article I1. CitV Council Sec. 2.01 Definition Sec. 2.02 Powers and duties generally Sec. 2.03 Prohibitions Sec. 2.04 Membership and qualifications Sec. 2.05 Terms Sec. 2.06 Compensation Sec. 2.07 Elections Sec. 2.08 Vacancies Sec. 2.09 Grounds for removal Sec. 2.10 Duties of mayor and vice -mayor Sec. 2.11 City council meetings Article Ill. City Manager Sec, 3.01 Appointment, qualifications, removal, compensation Sec. 3.02 Powers and duties Sec. 3.03 Evaluation Sec. 3.04 Acting city manager Article IV. Citv Deuartments and Boards Sec. 4.01 Departments Sec. 4.02 Boards Article V. Ordinances Sec. 5.01 Generally Sec. 5.02 Emergency ordinances Sec. 5.03 Codification Sec. 5.04 Ordinance initiatives Sec. 5.05 Orduiances requiring voter approval Article VI. Fiscal Matters Sec. 6.01 Fiscal year Sec. 6.02 Taxes and other revenues Sec. 6.03 Budget Sec. 6.04 Borrowing Sec. 6.05 Competitive bidding Sec. 6.06 Independent audits Article VII. Miscellaneous Sec. 7.01 Code of ethics Sec. 7.02 Transitional provisions Sec. 7.03 Conflicting city laws Sec. 7.04 Severability Sec. 7.05 Effective date ARTICLE 1. IN GENERAL Sec. 1.01. City government. There shall be a municipal corporation named the City of Satellite Beach in Brevard County, Florida. The city shall have a council/manager form of government and shall have all powers possible under the Constitution and laws of the United States and the State of Florida, in addition to any powers specifically enumerated in this Charter. City powers under this Charter shall be construed liberally in favor of the city; and no specific power under the Charter shall be construed as limiting in any way the general power stated in this section or any powers vested in municipalities under federal or State law, Sec. 1.02, City boundaries. The city shall include and have jurisdiction over all that territory in Brevard County described as follows: [INSERT UPDATED BOUNDARIES DESCRIPTION HERE] Sec. 1.03. Intergovernmental Activities. To the fullest extent permitted by law, the city may exercise any of its powers, perform any of its functions, and participate in the financing thereof, by contract or otherwise, with any one or more stales or their agencies; any counties, municipalities, or other governmental units thereof; or the United States or agencies thereof. Sec. 1.04. Annexation of land. All annexations shall adhere to procedures prescribed by law. See. 1.05. Bird and wildlife sanctuary. All territory within the city's boundaries shall be deemed a bird and wildlife sanctuary. ARTICLE II. CITY COUNCIL Sec. 2.01. Definition. The term "counc11members" means all members of the city council, including the mayor. Sec. 2,02. Powers and duties generally. (1) Except as otherwise provided by law or this Charter, all powers of the city shall be vested in the city council, which shall exercise the powers granted, and perform the duties imposed on, (lie city by law and this Charter. (2) The city council shall judge the qualifications and grounds for removal of its members. For this purpose, the city council shall have the power to subpoena witnesses and evidence. The city council's decision shall be subject to review by the courts. Sec. 2.03. Prohibitions. (1) Holding other city office. Councilmembers shall not hold any other city office, whether paid or unpaid, during their city council term. (2) Interference in city adminisirarion. The city council and its individual members shall not direct or request any personnel action regarding any city employee whom the city manager or his/her subordinates are empowered to hire, nor shall they interfere in any manner with city administration. However, the city 1 council and its individual members may freely discuss any personnel matter with the city manager and make any recommendation to the city manager for improvement in city government operations. In addition, individual members may question and observe all aspects of city government operations to obtain information to help formulate sound city council policies. It is the intent of this section that all interactions between councilmembers and city personnel regarding city government business shall occur through the city manager. Sec. 2.04. Membership and qualifications. (1) The city council shall consist of four members and a mayor elected at -large by the city's voters. Councilmembers, whether elected or appointed, must be registered voters who have resided in the city for at least one year before they qualify for office. (2) To qualify for office, candidates must file the following with the city clerk during the qualifying period designated in the city code: a petition signed by 10 registered city voters, a filing fee designated in the city code, and a sworn statement of his/her name, residential address, occupation, and willingness to serve the full term if elected. Sec. 2.05. Terms. (1) Beginning in the presidential election year of 2012 for the mayor and two other councilmembers and in the gubernatorial election year of 2014 for the remaining two councilmembers, all councilmembers shall be elected to a four-year term of office. (2) No councilmember who is completing two consecutive elective tertns shall be eligible for election or appointment to the city council, and no person shall serve more than 10 consecutive years in the office of mayor, or councilmember, or combination of the two offices. A period of two years must elapse before a former councilmember shall be eligible for reelection; a period of one year must elapse before a former councilmember shall be eligible for appointment. (3) Councilmembers shall take office at the start of new business at the first regular city council meeting following the meeting held to accept the election results from the supervisor of elections. Councilmembers shall continue to hold their offices and discharge their duties until their successors are installed. See. 2.06. Compensation. Councilmembers shall serve without salary, but shall be compensated for expenses as provided in the city code. Sec. 2.07. Elections. Regular city elections shall be held on the first Tuesday after the first Monday in November of each presidential and gubernatorial election year. City council candidates receiving the most votes shall be elected to fill the number of vacant seats. Sec. 2.08. Vacancies. (1) A vacancy shall occur upon the death, resignation, forfeiture of office, or lawful removal of a councilmember. (2) Councilmember. No later than 30 days after a vacancy occurs in the seat of a councilmember other than mayor, the city council shall appoint a replacement to serve until the next regular election, (3) Mayor. No later than 30 days after a vacancy occurs in the mayor's seat, the city council shall: (a) appoint one of the remaining councilmembers to serve as mayor until the next regular election; and K? (b) appoint a replacement for the councilmember who was appointed mayor, to serve until the next regular election. (4) Vacancies precluding quorum.. Any time the city council is reduced to fewer than three members, the city shall- (a) haIl:(a) immediately request the governor to temporarily appoint from a list of all former councilmembers residing in the city, regardless of whether they meet the provisions of 2.05 (2), a sufficient number to constitute a five -member city council, and (b) conduct a special election no later than 90 days after the occurrence of the vacancy which triggers the special election. The winners of the special election shall serve the remainder of the unexpired terms. (5) Candidate. Following the end of the qualifying period, if a vacancy occurs from the death, withdrawal, or removal from the ballot of a qualified candidate, and the vacancy leaves only one candidate for an office, the remaining candidate shall be deemed elected. Sec. 2.09. Grounds for removal. The office of a councilmember shall be forfeited whenever at least four of the five councilmembers determine that a member: (l) Ceases to be a registered voter residing in the city; (2) Is convicted of a misdemeanor involving moral turpitude or any felony; (3) Commits an act constituting malfeasance, misfeasance, or neglect of duty; (4) Is permanently unable to perform official duties; or (5) Is absent from four consecutive regular city council meetings or from one-third of the regular city council meetings during any 12 -month period for any reason. Sec. 2,10. Duties of mayor and vice -mayor. (1) The mayor shall be a voting member and the presiding officer of the city council, as well as the head of the city for purposes of ceremonies, service of civil process, and martial law. Unless otherwise provided by law, this Charter, or the city council, the mayor shall execute instruments in which the city is authorized to be a party by the city council. (2) As prescribed by the city council, the city council shall select from its membership a vice -mayor who shall serve as mayor in the mayor's absence. Sec. 2.11. City council meetings. (1) Regular meetings. The city council shall meet regularly at least once each month at such time and place as it may prescribe. Except as otherwise provided by law, all city council meetings shall be open to the public. (2) Special meetings. Special meetings, which must be limited to the subject(s) specified on the agenda, may be convened by the mayor, any three councilmembers, or the city manager upon at least 24 hours' notice to each councilmember and at least one newspaper of general circulation in the city. (3) Emergency meetings. Emergency meetings may be called in the same manner as special meetings, except that prior public notice shall not be required. Emergency meetings shall be conducted as prescribed by the city council. 4 (4) Rules. The city council shall determine its own rules, including order of business and rules for expelling disorderly persons from its meetings, (5) Quorum. Three members of the city council shall constitute a quorum to open a meeting, but a smaller number may require the attendance of absent members under procedures and penalties prescribed by the city council. (6) Voling. Except as otherwise provided by this Charter, the affinnative vote of at least three members of the city council shall be required for any city council action to be valid. Voting shall be by roll call, with votes recorded in the city council's minutes. (7) Minules. Minutes of city council meetings shall be kept by the city clerk. ARTICLE Ill, CITY MANAGER See. 3.01. Appointment, qualifications, removal, compensation. (1) Appointment. Based solely on executive qualifications as determined by the city council, the city council shall appoint a city manager, who shall be an at -will employee. (2) Qualifications. The city manager shall be a resident of the city within one year of appointment and a United States citizen. (3) Removal_ Removal of (lie city manager shall require the affirmative vote of at least four of the five councilmembers. Upon removal, the city council shall immediately appoint an interim city manager and shall appoint a permanent city manager within 180 days. (4) Compensation. The city council shall determine the compensation of the city manager. Sec. 3.02. Powers and duties. In addition to other duties specified by this Charier or the city council, the city manager shall: (1) Serve as chief executive officer of the city, responsible to the city council for all city affairs placed in his/her charge. (2) Hire, suspend, or discharge all city employees in accordance with established personnel policies. The city manager may authorize any department head to exercise these powers with respect to that department head's subordinates. (3) Within the pay classifications established by the city council, fix the compensation of all city employees. (4) Supervise all city departments, except as otherwise provided by law, and determine their functions and staffing. (5) Publish personnel policies, including a merit system and appeals process, which shall be submitted for city council approval; and ensure that selection, promotion, demotion, and dismissal of all city employees are based upon competence and performance and are free of political pressure. (6) Attend city council meetings. The city manager may take pan in discussions but may not vote. (7) Ensure that all laws and city council actions subject to enforcement by the city manager or department heads are faithfully executed. on (8) Prepare and submit the annual budget to the city council, and make other reports, including (lie present financial status of the city, whenever requested by the city council, (9) Keep the city council fully advised of the financial condition and future needs of the city, and make recommendations to the city council. (10) Execute contracts on behalf of the city, unless the city council provides otherwise. Sec. 3.03. Evaluation. No later than September 15, the city council shall complete an annual evaluation of the city manager and discuss it with him or her. The evaluation shall be a composite of all councilmembers' evaluations and shall rate the city manager's performance in the areas of goals and objectives established by the city council, duties delineated in this Charter, personal relations, and beneficial changes to the city. The city council may complete additional evaluations whenever it deems appropriate. Sec. 3.04. Acting city manager. In a writing to the city clerk, with copies to all councilmembers and department heads, the city manager shall designate a department head to act as city manager during the city manager's temporary absence or disability. If the city manager fails to make such designation, or the city council disapproves the designation, the city council may appoint another department head to serve until the city manager returns or the disability ends. ARTICLE IV. CITY DEPARTMENTS AND BOARDS See. 4.01. Departments. (1) The city council may establish, consolidate, or abolish city departments. (2) All city departments shall be administered by a department head appointed by the city manager. The city manager may appoint one person as the head of two or more departments or, with consent of the city council, the city manager may serve as head of one or more departments. Sec. 4.02. Boards. (1) Generally. The city council may establish boards as it deems appropriate. Members of such boards shall be residents of the city, unless otherwise provided by ordinance, and shall be appointed by the city council. The terms and method of reappointment shall be established by the city council. Councilmembers may serve as liaisons to these boards, but shall not attempt to guide the deliberations of the boards. (2) Comprehensive Planning Advismy Board. There shall be a comprehensive planning advisory board which shall perform the duties of the local planning agency by preparing the city's comprehensive plan and plan amendments. The comprehensive plan shall serve as a guide for city council actions concerning land use, land development regulations, and capital improvements. (3) Planning and Zoning Board. The city council shall serve as the city's planning and zoning board. (4) Planning and Zoning Advisory Board. There shall be a planning and zoning advisory board which shall serve as the city's land development regulation commission to advise the city council on land development regulations, which shall not be inconsistent with the comprehensive plan. ARTICLE V. ORDINANCES Sec. 5.01. Generally. Every proposed ordinance and resolution shall be introduced in the final written form required for adoption, except that ordinances amending legislation shall be introduced in legislative style on first reading and final written form required for adoption on second reading. The enacting clause of ordinances shall recite: "Be it enacted by the City Council of the City of Satellite Beach, Florida." No ordinance shall be adopted until it has been read by title at two city council meetings at least two weeks apart. Ordinances and resolutions shall become effective upon adoption unless specified otherwise therein. Upon adoption, every ordinance and resolution shall be authenticated by the presiding officer and the city clerk and shall be recorded in full in a properly -indexed book maintained by the city clerk. Sec. 5.02. Emergency ordinances. Notwithstanding the provisions of the foregoing section, the city council may enact emergency ordinances to meet serious public emergencies affecting the welfare of the city or its residents. An emergency ordinance shall be introduced as prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance, and the conditions constituting such emergency shall be stated therein. Emergency ordinances may be adopted, with or without amendment, at the first reading. No emergency ordinance shall enact a land development regulation, enact or amend a land -use plan, or rezone private real property. Emergency ordinances shall expire 120 days after enactment unless sooner specified therein. Sec. 5.03. Codification. The city council shall provide for the preparation of a general codification of all city ordinances, which shall be known as the City Code of Satellite Beach, Florida. Sec. 5.04. Ordinance initiatives. (1) The city's voters shall have the power to propose ordinances to the city council, and, if the city council fails to adopt them without substantive change, to approve or reject the proposed ordinances at a city electioli. (2) The city's voters shall have the power to require the city council to reconsider any adopted ordinance, and, if the city council fails to repeal the reconsidered ordinance, to approve or reject it at a city election. (3) Voters' petitions to exercise the powers granted by this section shall be signed by at least 15 percent of the city's registered voters as of the most recent election held in the city. Petitioners shall have 90 days from the date of the city council action being challenged to obtain the required signatures. (4) No power specified in this section shall extend to the budget, taxes, or salaries of city employees. Sec. 5.05. Ordinances requiring voter approval. (1) Any ordinance approving a development permit which would increase the existing density in any zoning district as of November 7, 2006 shall require voter approval before any such ordinance shall become effective. No development pen -nit shall be issued or effective until said ordinance is approved by referendum. (2) Any ordinance amending the city's land development regulations to increase residential densities or building heights greater than that allowed on November 7, 2006; or decrease breezeway percentages below those required on November 7, 2006, shall require voter approval before any such ordinance shall become effective. (3) Notwithstanding the foregoing, any structure existing, permitted, or approved by any appropriate regulatory agency on November 7, 2006, shall be allowed to be built, rebuilt, or repaired in the event of a casualty or 7 catastrophe, even if such structure is nonconforming for failure to comply with regulations existing on November 7, 2006, governing density, height, and/or breezeways. ARTICLE VI. FISCAL MATTERS Sec. 6.01. Fiscal year. Unless otherwise provided by law, the fiscal year for the city government shall begin on October 1 and end on September 30 of the following year. Sec. 6.02. Taxes and other revenues. The city council shall have full power to raise funds for all municipal purposes through taxes and other revenue sources not prohibited by law. Sec. 6.03. Budget. (1) City manager's proposed budget. No later than the first regular city council meeting in August, the city manager shall present a proposed budget to the city council for all operations of city government for the next fiscal year. In addition to any other(s) the city council may request, the proposed budget shall contain the following components: (a) The city manager's budget message explaining the important features, financial issues, policies and proposed policy changes, and objectives of the proposed budget; (b) A budget summary presenting an overview of sources and amounts of anticipated revenues and expenditures; and (c) A detailed budget presenting the specifics of all anticipated revenues and expenditures. (2) City council's proposed budget. After considering and revising the city manager's budget as it deems necessary, the city council shall adopt a proposed budget and determine tax requirements under that budget. (3) Public Bearing. The city council shall hold a public hearing on its proposed budget at the first regular city council meeting in September, or at such other time as the city council may approve. Notice of the hearing shall be provided as required by law. All members of the public shall have the opportunity to be heard on the budget at the public hearing. After the public hearing, the city council may amend any part of its proposed budget except for expenditures required by law or debt service. (4) City council's approved budget. No later than September 30, the city council shall adopt an ordinance approving a final balanced budget with the same components as the city manager's budget. The city clerk shall then certify the taxes levied under the budget and make copies of the budget available to all interested persons. (5) Prohibition. Funds shall not be transferred from one department to another or allocated for items not included in the approved budget without prior approval of the city council. Sec. 6.04. Borrowing. (l) 7empormy revenue deficiencies. The city may borrow to meet current obligations when temporary revenue deficiencies occur. However, the amount borrowed shall not exceed one-fourth of one percent of the assessed value of all taxable property within the city, as determined by the most recent assessment; and the term of the loan shall not exceed one year. The loan may be extended as necessary until fully paid, but no extension shall exceed one year. (2) Financing for projects. The city may borrow money to finance any project not prohibited by law and may pledge city assets to repay such indebtedness, subject to the following limitations: 8 (a) Any proposal to pledge ad valorem taxes for debt repayment shall require approval by the city's voters (b) The city's total outstanding indebtedness, including the proposed amount, shall not exceed five percent of the assessed value of all taxable property within the city, as determined by the most recent assessment. Sec. 6.05. Competitive bidding. Competitive bidding, through the city or other governmental agencies, shall be required on all purchases above an amount prescribed by the city council. Sec. 6.06. Independent audits. The city council shall appoint qualified certified public accountants to make an independent audit of accounts and financial transactions of the city government as of the end of each fiscal year. The city council may provide for more frequent audits of the city government. A copy of each audit shall be filed with the State of Florida. ARTICLE VII. MISCELLANEOUS Sec. 7.01. Code of ethics. All city elected officials, employees, and board members shall be bound by the minimum ethics standards set forth in Chapter 112, Florida Statutes. Sec. 7.02. Transitional provisions. (1) All persons holding office when this amended Charter becomes effective shall continue in office for the remainder of their terms. (2) To the extent not inconsistent with this amended Charter, all ordinances, resolutions, regulations, and policies in effect upon the adoption of this amended Charter shall remain in force until they expire by their terms or are repealed. (3) All rights, claims, actions, orders, contracts, and legal or administrative proceedings involving the city shall continue except as modified by provisions of this Charter. (4) All financial obligations of the City existing on the date this amended Charter becomes effective shall continue to be valid as if this amended Charter had not been adopted. Sec. 7.03. Conflicting city laws. All laws, or portions thereof, of the city that conflict with provisions of this Charter are hereby repealed. Sec. 7.04. Severability. If a court of competent jurisdiction shall declare any provision of this Charter invalid, such declaration shall not affect the remainder of this Charter. Sec. 7.OS. Effective date. This amended Charter shall become effective on (date approved by voters). 1