INDEX
ARTICLE I. GENERAL PROVISIONS
SEC. 1. PREAMBLE
SEC. 2. CORPORATE LIMITS
SEC. 3. SEAL
SEC. 4. JURISDICTION
ARTICLE II. POWERS OF THE CITY
SEC. 5. GENERAL POWERS OF THE CITY
ARTICLE III. THE MAYOR
SEC. 6.MAYOR-COMMISSION
SEC. 7. MAYOR; COMPOSITION; TERM
SEC. 8. QUALIFICATION FOR MAYOR; FORFEITURE OF OFFICE
SEC. 9. DUTIES
SEC. 10.IMPEACHMENT; VACANCY IN THE OFFICE
SEC. 11. EMERGENCY POWERS
SEC. 12.POWERS AND DUTIES GENERALLY
ARTICLE IV.CITY COMMISSION
SEC. 13.CREATION AND COMPOSITION
SEC. 14. APPROVAL OR VETO OF ORDINANCE, BY MAYOR
SEC. 15.QUALIFICATION OF MEMBERS; FORFEITURE OF OFFICE
SEC. 16.JUDGE OF ELECTION AND QUALIFICATIONS OF MEMBERS
SEC. 17. CHAIRPERSON PRO TEMPORE AND ALTERNATE
CHAIRPERSON PRO TEMPORE
SEC. 18.FUNCTIONS AND DUTIES
SEC. 19.POWERS VESTED IN CITY COMMISSION; LIMITATIONS
SEC. 20.FORFEITURE OF OFFICE
SEC. 21.COMMISSION MEETINGS
SEC. 22.MEETING PLACE: MEETING TO BE PUBLIC
SEC. 23. QUORUM; MINIMUM VOTES NECESSARY TO PASS
ORDINANCE OR RESOLUTION
ARTICLE V.ORDINANCES AND RESOLUTIONS
SEC. 24.DISTINCTION BETWEEN RESOLUTIONS AND ORDINANCES;
SEC. 25. FORM, VOTES REQUIRED FOR PASSAGE AND ENACTING
CLAUSE
SEC. 26.EMERGENCY ORDINANCES
SEC. 27. RECORD OF ORDINANCES AND RESOLUTIONS; RECEIVING
CERTIFIED COPIES IN COURTS
SEC. 28.RESOLUTION AUTHORIZING GENERAL OBLIGATION BONDS
SEC. 29.THE INITIATIVE—PETITION FOR PROPOSED ORDINANCE
SEC. 30. THE INITIATIVE—CIRCULATING PETITION FOR AN
ELECTION
SEC. 31. THE INITIATIVE—COMMISSION REQUIRED TO TAKE
ACTION
SEC. 32.THE INITIATIVE—TIME OF HOLDING ELECTION
SEC. 33.THE INITIATIVE—BALLOTS
SEC. 34.REFERENDUM ELECTIONS
SEC. 35.AMENDMENT AND REPEAL
ARTICLE VI. EXECUTIVE OFFICERS
SEC. 36.EXECUTIVE OFFICERS
SEC. 37.COMPENSATION OF OFFICERS AND EMPLOYEES
SEC. 38.OATH OF OFFICE
SEC. 39.OFFICIAL BONDS
SEC. 40. CITY MANAGER—APPOINTMENT QUALIFICATIONS AND
COMPENSATION
SEC. 41. CITY ATTORNEY—APPOINTMENT, QUALIFICATIONS AND
COMPENSATION
SEC. 42.CITY CLERK—POWERS AND DUTIES
ARTICLE VII.CITY ELECTIONS
SEC. 43.DATE OF ELECTIONS AND PROCEDURE
SEC. 44.REGISTRATION OF VOTERS
SEC. 45.TIME OF OPENING AND CLOSING POLLS
SEC. 46.CALLING AN ELECTIONBY RESOLUTION/PROCLAMATION
SEC. 47.INTERIM GOVERNMENT
ARTICLE VIII. EXTENDING OR CONTRACTING TERRITORIAL
LIMITS
SEC. 48. ANNEXED AREA TO BECOME PART OF CITY; COUNTY TO
RELINQUISH AREAS
ARTICLE IX. GENERAL CLAUSES
SEC. 49.INVESTIGATIONS; BY WHOM MADE
SEC. 50.GENERAL LAWS TO APPLY
SEC. 51.SAVING CLAUSE
SEC. 52.CONFLICTING LAWS
ARTICLE X.CHARTER AMENDMENTS
SEC. 53AMENDMENTS BY LEGISLATIVE ACT AND VOTER APPROVAL
SEC. 54.AMENDMENT BY ORDINANCE AND VOTER APPROVAL
SEC. 55.ADVERTISEMENT OF REFERENDUM
SEC. 56. RIGHTS OF OFFICERS AND EMPLOYEES.
CHARTER
CITY OF NEWBERRY, FLORIDA
The citizens of the City of Newberry, in order to
protect the health, welfare and safety of its residents, and promote harmonious,
efficient and responsive government, hereby adopt a revised Home Rule Charter in
accordance with the Constitution and Laws of the State of Florida, to become
effective immediately upon adoption by the electorate of the City of Newberry,
Florida.
The corporate boundaries of the City shall be as they
exist on the date this charter takes effect, provided that the city may change
its boundaries in the manner prescribed by law.
The official seal of the City of Newberry hereby
established shall bear the legend; “City of Newberry, Alachua County, Florida,
Seal, Established 1895”.
The jurisdiction and powers of the City of Newberry
shall extend over all streets, alleys, sewers, parks and all lands within the
corporate limits, whether platted or unplatted, and in the air above the same;
and to and over all waters, waterways, streams, bays, bayous, submerged lands,
water bottoms and wharves; and to and over all persons, firms and corporations,
property and property rights, occupations, businesses and professions
whatsoever, within said boundaries; and over all property owned, leased or
operated by the City outside the corporate limits. The title to and jurisdiction
over all streets, thoroughfares, parks, alleys, public lots, sewers, within the
City, and all other property and municipal plants of the City now owned,
possessed or operated by it, and all property of every kind and character which
the City may hereafter acquire within or outside the City, or which may vest in
it, or be dedicated to it, for its use or for the public use, shall be vested in
the City of Newberry, as created under this Charter.
ARTICLE II. POWERS OF THE CITY.
SEC. 5. GENERAL POWERS OF THE
CITY.
The City shall have all governmental, corporate, and
proprietary powers possible for a city to have under the constitution and laws
of the State of Florida as though they were specifically enumerated in this
Charter to enable it to conduct municipal government, perform municipal
functions and render municipal services, and the City may exercise any power for
municipal purposes except as otherwise provided by law or this Charter.
The powers of the City shall be construed liberally in favor of the City,
limited only by the constitution, general and special law, and specific
limitations in this Charter.
The form of government for the CITY OF NEWBERRY
provided for under this Charter shall be known as the “Council — Manager Plan”
and the government and corporate authority shall be vested in a Mayor and a City
Commission of five members, who shall be elected in the manner provided.
SEC. 7. MAYOR AND COMPOSITION.
There is hereby created the office of Mayor of the
City of Newberry, who shall be elected by the qualified electors of the City in
the manner provided in this Charter, who shall take office immediately following
his/her election, and who shall hold office for a term as provided for in this
charter or until a successor is elected and qualified.
SEC. 8. QUALIFICATION OF MAYOR;
FORFEITURE OF OFFICE
To be eligible to hold the office of Mayor of the
City of Newberry, or to qualify for nomination or election as such, the
candidate shall be a bona fide resident of the City of Newberry; a resident of
the State of Florida, and a citizen of the United States of America; shall be
duly qualified to vote at City, State and National elections; shall be over the
age of twenty-one (21) years; shall have maintained a primary, principal, and
physical residence within said City for six (6) months immediately preceding the
date of qualification and shall be otherwise qualified as provided in this
Charter. Candidates for election for the office of Mayor shall comply with all
rules and regulations set out in the Charter as to his/her conduct. If the Mayor
shall cease to possess the qualifications required herein he/she shall forthwith
forfeit his/her office.
Subject to the provisions of Article VI, and the
appointment of a City Manager:
(a) It shall be the duty of the Mayor to attend all the meetings of the City
Commission and to see that all Ordinances are executed, and he/she shall appoint
persons to perform, temporarily, the duties of any disabled or suspended
officer. It shall be his/her duty to suspend any officer, excluding City
Commissioners, at any time, for gross neglect of duty, at the same time
notifying said officer, in writing, of the causes for his/her suspension and
giving him/her notice to appear at the next regular meeting of the City
Commission and answer thereto, and that when said meeting shall be held, he/she
shall report such suspension and the causes thereof. If the City Commission
deems the causes sufficient for removal, it shall remove the City Officer and
the vacancy shall be filled as herein prescribed.
(b) The Mayor shall, from time to time, communicate in writing to the City
Commission, such information and recommendations touching the proper services
and best interests of the City as he/she may deem proper. He/she shall have
general supervision of all City affairs and all Officers, excluding City
Commissioners, and may examine into the condition of their offices, books,
records and papers thereof and therein and the manner of conducting their
official business and shall perform such other duties as the Ordinances of the
City shall require.
(c) All employees and non-elective officers of the City shall be nominated by
the Mayor, and be appointed by resolution of the City Commission. In the event a
City Manager is appointed, the duties of the Mayor and City Commission, as to
employees, shall automatically terminate and be vested in said City Manager.
SEC. 10. IMPEACHMENT; VACANCY IN
THE OFFICE.
The Mayor may be impeached by the City Commission for
misfeasance, malfeasance or nonfeasance in office, for habitual intoxication or
gross immorality. Should charges be proferred against the Mayor, the Commission
shall furnish the Mayor with a copy of the articles of impeachment, giving
him/her a reasonable time to answer, and shall proceed without unnecessary delay
to investigate and decide them. It shall require four affirmative votes of said
Commission to remove him/her from office. If a vacancy in the office of Mayor
occurs, or in his/her absence, disability, suspension, or disqualification, the
Chairman Pro Tempore of the City Commission shall discharge the duties of the
Mayor until a successor is appointed or elected as provided in this Charter.
In the event there is a vacancy in any elective office, and less than six (6)
months ensue before the time provided by this Charter for holding the next
regular Municipal election the Mayor shall nominate and the City Commission
shall by resolution, appoint a qualified person to fill such office for the
unexpired term thereof. If more than six months remain before the next regular
Municipal election, there shall be a mandatory special election as provided for
in this Charter and the laws of the State of Florida.
The Mayor may take command of the police and govern
the City by proclamation, under the direction of the City Commission, during
times of grave public danger, or emergency, and the City Commission shall be
judge of what constitutes such public danger or emergency.
SEC. 12. POWERS AND DUTIES
GENERALLY.
The Mayor shall preside at all meetings of the City
Commission and perform such other duties consistent with his/her office as may
be imposed by it. The Mayor shall have a voice in the proceedings of the
Commission, but no vote. He/she may use the title of Mayor in any case in which
the execution of legal instruments or writings or other necessity arising from
the General Laws of the State so require. He/she shall be recognized as the
official head of the City by the courts for the purpose of serving civil
processes; by the Government in the exercise of military law, and for all
ceremonial purposes.
SEC. 13. CREATION AND
COMPOSITION.
There is hereby created a City Commission of five (5)
members, who shall be elected at large in the manner provided in this Charter;
shall take office immediately upon the official canvass of votes within three
(3) days after election, and shall hold office for a term as provided for in
this Charter or until their successors are elected and qualified.
SEC. 14. APPROVAL OR VETO OF
ORDINANCE, BY MAYOR.
Unless otherwise provided for in the effective date
clause of an ordinance, every ordinance passed by the City Commission, before
becoming a law, shall within seven days after passage, be presented to the
Mayor, under certificate and seal of the City Clerk, for his/her examination,
and if the Mayor approves the same he/she shall sign it and return same to the
Clerk within 10 days after its passage, but if he/she shall not approve it and
sign it, he/she shall return it to the Clerk within said 10 days with his/her
objections in writing, which ordinance and objections shall be considered and
acted upon by the City Commission at its next regular meeting, and if the City
Commission shall then pass the ordinance by a three affirmative votes of the
members elected thereto, the Mayor’s veto and objections notwithstanding, it
shall become a law. If he/she should fail to return any ordinance, or shall
return same unsigned or without objections in writing, at or before the time
prescribed, he/she shall be deemed to have approved the same and it shall become
a law.
SEC. 15. QUALIFICATION OF
MEMBERS; FORFEITURE OF OFFICE.
To be eligible to hold the office of City
Commissioner of the City of Newberry, or to qualify for nomination or election
as such, the candidate shall be a bona fide resident of the City of Newberry; a
resident of the State of Florida, and a citizen of the United States of America;
shall be duly qualified to vote at City, State and National elections; shall be
over the age of twenty-one (21) years; shall have maintained a primary,
principle, and physical residence within said City for six (6) months
immediately preceding the date of qualification and shall be otherwise qualified
as provided for in this Charter. Candidates for election for the office of City
Commission shall comply with all rules and regulations set out in the Charter as
to their conduct. Any Commissioner, who shall cease to possess the
qualifications required within this charter, shall forthwith forfeit his/her
office.
SEC. 16. JUDGE OF ELECTIONS AND
QUALIFICATIONS OF MEMBERS.
The City Commission shall be the judge of all
municipal elections and referendums and of the qualification of its members,
subject to review by the Courts. At the time that the City Commission meets to
canvass the results of any election, any registered elector of the City of
Newberry shall be entitled to file with the City Commission an affidavit setting
out the facts showing that a candidate has violated the provisions of this
Charter as to the manner of his/her election, or is otherwise unqualified to
hold office, and the City Commission shall take proof at such meeting and
declare the results.
SEC. 17. CHAIRPERSON PRO TEMPORE
AND ALTERNATE CHAIRPERSON PRO TEMPORE.
The City Commission shall, by resolution at the time
of organizing after the election, elect a Commissioner to serve as Chairperson
Pro Tempore and an alternate Chairperson Pro Tempore, but if he/she refuses to
accept or is otherwise disqualified, then the Commission shall elect another of
its members to serve. In case the members of the City Commission are unable to
agree upon the election of the Chairperson Pro Tempore and an alternate
Chairperson Pro Tempore then such officer(s) shall be chosen by lot, conducted
by the City Clerk, who shall certify the result thereof upon the minutes of the
City Commission.
SEC. 18. FUNCTIONS AND DUTIES.
The Mayor as Chairman of Commission or, in the
Mayor’s absence or disqualification, the Chairman Pro Tempore, or in the absence
of both the Mayor and the Chairperson Pro Tempore, the alternate Chairperson Pro
Tempore, as the case may be, shall perform the following functions:
(a) Preside at all meetings of the City Commission and maintain order and
decorum. He/she shall have the right to limit the time a person shall be
permitted to speak upon a given subject. He/she shall have the right to follow
an order of business by written agenda, if desired. He/she shall have the right
to expel any person from the meeting who refuses to obey the order of the
Chairperson of Commission in relation to preserving order and decorum at the
meeting, and upon direction of the presiding officer, law enforcement shall
expel such person from the meeting or arrest such person for disorderly conduct.
SEC. 19. POWERS VESTED IN CITY
COMMISSION; LIMITATIONS.
The Legislative powers of the City shall be vested in
and exercised by the City Commission, and the City Commission shall have the
power to pass ordinances, adopt resolutions, approve or disapprove the
appointment, by the Mayor or City Manager, of all appointive officers and
boards. All powers of the City of Newberry, except as otherwise provided by this
Charter or by the Constitution of the State of Florida, are hereby vested in the
City Commission, and except as otherwise provided by this Charter or by the
Constitution of the State of Florida, the City Commission may, by ordinance or
resolution, prescribe the manner in which any powers of the said City shall be
exercised.
SEC. 20. FORFEITURE OF OFFICE.
Absence by any Commissioner or the Mayor from four
(4) consecutive regular meetings of the City Commission shall operate to vacate
the seat of such member, unless such absence is excused by the City Commission
by formal action duly entered upon the minutes. Any member of the City
Commission, who shall be convicted of a felony while in office, shall thereupon
forfeit his/her office, unless such conviction is reversed.
(a) Regular Meetings. The City Commission shall meet
regularly, at such times as may be specified by ordinance, except that it shall
meet regularly not less than once each month.
(b) Special Meetings. The Mayor, or any two members of the City Commission
may call special meetings of the City Commission upon at least twenty-four (24)
hours written notice to each member and the City Clerk, served personally, or
left at his/her usual place of residence. The special meeting notice shall state
the general purpose of the meeting. The regularity or validity of any
proceedings taken at any special meeting at which a majority of members of the
City Commission and the City Clerk is present, or where written waiver of call
and consent in writing is filed, shall not be questioned on account of any
omission or irregularity in calling such special meeting. No business shall be
conducted or a vote taken at the special meeting on business other than that
subject or subjects for which the special meeting was called.
(c) Emergency Meetings, Emergency meetings may be held on the call of the
Mayor or by a City Commissioner whenever there is a public emergency affecting
life, health, safety or property or the public peace, and whenever practicable,
upon no less than three (3) hours notice to each member and the public.
(d) Workshop. In addition to Regular and Special meetings, the Mayor or the
Commission may by motion call for Workshop meetings for information on, and
discussion of, municipal and related matters, which meetings may be conducted
like Regular meetings except that no resolution or ordinance may be adopted at a
Workshop meeting and provided that forty-eight (48) hours advance notice of such
meeting must be given to each member and the public.
SEC. 22. MEETING PLACE: MEETING
TO BE PUBLIC.
All regular meetings of the City Commission shall be
held at the usual place of holding meetings of the City Commission, but a
special meeting may be held elsewhere in the City under authority of a
resolution previously adopted authorizing such meeting. Meetings of the City
Commission shall be public, and any citizen shall have access to the minutes and
records thereof at all reasonable times and under the supervision of the City
Clerk. The City Commission shall prescribe its own rules, regulations and order
of business and shall keep minutes of it proceedings. The Chairman of the
Commission shall maintain order at all meetings and the Police Department, upon
instructions from the Chairman, shall expel any person from the meeting who
refuses to obey the order of the Chairman in relation to preserving order at the
meetings. The City Commission may meet in conference session at a place other
than the regular meeting place, but no official action shall be taken at such
conference meeting.
SEC. 23. QUORUM; MINIMUM VOTES
NECESSARY TO PASS ORDINANCE OR RESOLUTION.
A majority of all members of the City Commission
shall constitute a quorum, but a less number may adjourn from day to day and
compel the attendance of absent members in such manner and under such penalties
as may be prescribed by ordinance. The affirmative vote of the majority of
members present and voting shall be necessary to pass any ordinance on a
reading, or adopt a resolution and the passage of all ordinances and resolutions
shall be taken by a “Yes” and “No” and entered upon the minutes, as provided by
law.
ARTICLE V. ORDINANCES AND RESOLUTIONS
SEC. 24. DISTINCTION BETWEEN
RESOLUTIONS AND ORDINANCES.
Ordinance is an official, legislative action of the
City Commission which action is a regulation of a general and permanent nature
and enforceable as a local law.
Resolution is an expression of the City commission on matters of official
concern, opinion or administration, of a temporary character, or a provision for
the disposition of a particular item of the administrative business of the
governing body.
SEC. 25. FORM, VOTES REQUIRED
FOR PASSAGE, AND ENACTING CLAUSE.
(a) Form. Each ordinance or resolution shall be
introduced in writing and shall embrace but one (1) subject and matters properly
connected therewith. The subject shall be clearly stated in the title. No
ordinance shall be revised or amended by reference to its title only. Ordinances
to revise or amend shall be set out in full the revised or amended act, section,
subsection or paragraph of a section or subsection.
An ordinance shall contain the enacting clause “BE IT ORDAINED BY THE PEOPLE
OF THE CITY OF NEWBERRY, FLORIDA.”
A resolution shall contain the enacting clause “BE IT RESOLVED BY THE PEOPLE
OF THE CITY OF NEWBERRY, FLORIDA.”
(b) Procedure. A proposed ordinance shall be read by title or in full on the
first reading, and by title or in full on the second reading on at least two (2)
separate days, at either Regular or Special meetings of the City Commission, or
as required by state law. The notice of proposed enactment shall state the date,
time and place of the meeting, the title or titles of proposed ordinances and
the place or places within the town where such proposed ordinances may be
inspected by the public. Said notice shall also advise that interested parties
may appear at the meeting and be heard with respect to the proposed ordinance.
Notice of enactment shall be advertised as required by state law.
A proposed Resolution may be introduced by any Commissioner and without a
second passed by a majority vote of members present at any regular or special
meeting of the City Commission.
(c) Votes Required. The affirmative votes of a majority of Commissioners
present and voting shall be necessary to pass an ordinance or resolution.
(d) Effective Date.
An Ordinance adopted by the City Commission shall become effective 10 days
after adoption of the Ordinance, as provided for in the ordinance, or as
otherwise provided by state law.
A resolution shall become effective upon the Mayor’s signature, upon a lapse
of time of 10 days from final passage upon failure to sign by the Mayor, upon a
date indicated within the resolution, or as otherwise provided by state law.
An emergency measure is an ordinance or resolution
for the immediate preservation of public peace, property, health, or safety. An
emergency ordinance shall plainly designate in the preamble that said ordinance
is an emergency ordinance and shall contain, after the enacting clause, a
declaration stating that an emergency exists and describing it in clear and
specific terms, Emergency ordinances shall be passed upon at least a 2/3 vote of
Commissioners present and voting. Ordinances appropriating money may be passed
as emergency measures, but no measure making a grant, renewal, or extension of a
franchise or other special privilege, or regulating the rate to be charged for
its services by any public utility, shall ever be so passed. Emergency
ordinances shall become effective upon adoption or at such date as may be
specified in the ordinance.
SEC. 27. RECORD OF ORDINANCES
AND RESOLUTIONS; RECEIVING CERTIFIED COPIES IN COURTS.
Every ordinance shall, upon its final passage, be
recorded in an Ordinance Book, kept for that purpose, and shall be authenticated
by the signature of the presiding officer at the meeting, and City Clerk. Such
record shall be verified with the ordinance passed and such Ordinance Book shall
be properly indexed.
Every resolution shall, upon its final passage be recorded in a Resolution
Book, kept for that purpose, and shall be authenticated by the signature of the
presiding officer and City Clerk. Such record shall be verified with the
resolution passed, and such Resolution Book shall be properly indexed.
Certified copies of ordinance or resolutions may be obtained upon request and
payment of cost of preparation and certification. Such certified copies may be
received in evidence in all the Courts.
SEC. 28. RESOLUTION AUTHORIZING
GENERAL OBLIGATION BONDS.
Any resolution authorizing the issuance of general
obligation bonds of the City shall provide therein for the holding of an
election in accordance with the provisions of Section 6, of Article IX, of the
Constitution of Florida, and notice of said election shall be published as
required by law.
SEC. 29. THE INITIATIVE—PETITION
FOR PROPOSED ORDINANCE.
Any proposed ordinance, including ordinances for the
repeal or amendment of the “Code of Ordinances of the City of Newberry,
Florida”, then in effect, may be initiated, submitted and enacted in the
following manner:
(a) A committee of not less than fifty (50) electors of the City shall
prepare and sign a petition addressed to the City Commission of Newberry,
requesting that a proposed ordinance attached to the petition be enacted. Each
signer of the petition shall sign his name and shall state his place of
residence and voting precinct. The petition shall have attached the certificate
of the Supervisor of Elections indicating whether each of the signers is
qualified elector of the City. Thereafter, such signers shall be referred to as
the Committee, and one member shall be so designated therein as Chairman of the
Committee.
(b) Such signed petition and proposed ordinance and the opinion of the City
Attorney as to the validity thereof, shall be presented by the Committee to the
City Commission at a regular meeting, after ten (10) days prior notice to the
City Manager, if one has been appointed, or to the City Clerk, that such matter
will be presented at such meeting. Ample opportunity shall be given for
proponents and opponents of the proposed ordinance to be heard. At such
meetings, the City Commission shall take definite action upon the ordinance by
rejecting same, passing same in prepared form upon first reading or passing same
in amended form upon first reading. If passed on the first reading in an amended
form, the Chairman of the Committee shall state in open meeting whether the
Committee accepts or rejects the ordinance, as amended, and the decision of the
Chairman shall be binding upon the Committee. If the Committee accepts the
amended ordinance, as aforesaid, or if the City Commission accepts the proposed
ordinance, same shall be placed upon its first reading at such meeting, upon the
second reading at the next regular meeting following first reading. If the
proposed ordinance is passed upon first reading, or if the proposed ordinance is
amended and passed upon first reading, and such amended ordinance is accepted
and approved by the Chairman of the Committee, it shall be the duty of the City
Commission to pass such ordinance upon two readings as permitted by this
Charter, and to continue reading such ordinance upon progressive readings at
each regular meeting of the City Council until such ordinance is duly enacted.
(c) If the City Commission should:
(1) Reject the proposed ordinance; or
(2) Fail to take action upon said proposed ordinance; or
(3) Pass the ordinance in an amended form not acceptable to the Committee; or
(4) Fail to pass the proposed ordinance upon first, and second readings at
successive regular meetings of the Commission; or
(5) Fail to pass an amended ordinance, acceptable to Committee, upon
successive meetings; or
(6) Do any act to delay passage of such ordinance; the Chairman of the
Committee shall have the right to demand in writing that an election upon the
matter of enactment of the proposed ordinance, or amended ordinance which has
been accepted or approved by the Committee, be held in the manner provided in
this Charter, and at such meeting at which such demand in writing is presented,
the said City Commission shall take action either calling such election or
refusing to call such election, and the failure to call such election shall
constitute a refusal.
SEC. 30. THE
INITIATIVE—CIRCULATING PETITION FOR AN ELECTION.
After a demand for an election has been refused as
herein- before set out, the Committee shall have the right to circulate
petitions to obtain the signatures of registered electors of the City, equal in
number to twenty-five percent (25%) of the qualified electors of the City, in
order to compel the enactment of such ordinance or amended ordinance in the
following manner:
(a) Within ten (10) days after the demand for an election has been refused by
the City Commission, the Clerk shall prepare a petition addressed to the City
Commission demanding that an election be called in order that there maybe
submitted to the qualified electors of the City at such election the question of
enactment by initiative proceedings of the proposed ordinance or amended
ordinance. Such petition shall clearly outline the action sought and shall
contain a copy of the ordinance proposed for enactment by the Committee and
shall contain spaces for signatures of electors and a form of affidavit for
circulators to sign: The Clerk shall deliver to the Chairman of the Committee
sufficient number of duplicates of the petition as will be sufficient for
signatures of twenty-five (25%) percent of the qualified electors of the City.
All petitions shall be uniform in character and shall contain the names of each
of the members of the Committee of the petitioners, and designate the Chairman
thereof.
(b) The Chairman of the Committee shall sign a receipt of such petitions, and
shall return such petitions or so many thereof as he desires to the Clerk within
sixty (60) days from the date of said receipt bearing the signatures of such
electors as have signed same.
(c) Each elector of the City signing a petition shall sign his/her name as
registered in the office of the Supervisor of Elections of the City of Newberry,
Florida, in ink; shall specify his/her voting precinct and shall place on the
petition opposite his/her name the date he/she signed the petition and his/her
place of residence in the City. Each counterpart of the petition shall contain
appropriate lines for signatures by electors and a form of affidavit to be
executed by the circulator, thereof verifying the fact that such circulator saw
each person sign the counterpart of the petition, and that each signature
appearing thereon is the genuine signature of the person it purports to be, and
that such petition was signed in the presence of the affiant on the date
indicated.
(d) All counterparts of the petition shall be assembled and filed with the
City Clerk as one instrument within sixty (60) days after receipt of such
petition by the Chairman, and when so filed, the Clerk shall determine forthwith
from the Supervisor of Registration if such petitions contain the signatures of
electors constituting twenty-five per cent (25%) in number of the registered
electors of said City, and when such fact has been determined by report from the
Supervisor of Registration, the City Clerk shall submit such petitions and such
affidavits to the City Commission at its next regular meeting.
(e) The Chairman shall further file with the City Clerk, a cash bond in the
amount of $2,500.00, conditioned as follows: “In the event an election is held
and the initiative fails to pass, the City Clerk shall deduct from the $2,500.00
cash bond, the total expenses of the election and refund the balance, if any, to
the Chairman of the Committee. If the initiative passes, upon the election, the
cash bond of $2,500.00 shall be refunded to the Chairman of the Committee and
the expenses of the election shall be paid from the funds of the City.”
If for any reason, the election does not occur, the total cost of preparing
for the election, if any, shall be deducted from the cash bond and the balance,
if any, refunded to the Chairman of the Committee.
The City Clerk shall submit to the commission his/her certification that said
cash bond has been posted, along with certificates and affidavits as set forth
in subsection (d) above.
(f) Any elector signing such petition shall have the right to file with the
City Clerk a demand in writing that his/her name be deleted and stricken from
the petition, and upon the filing of such demand, the name of such elector shall
be stricken by the Clerk and not be counted or computed in the total of electors
signing the petition. No signature may be stricken after the Clerk has certified
the total of registered electors to the City Commission.
SEC. 31. THE
INITIATIVE—COMMISSION REQUIRED TO TAKE ACT1ON.
If the certificate of the Clerk, so submitted, shows
that twenty-five per cent (25%) of the registered electors of the City signed
such petition and have not requested that their signatures be stricken or
deleted, then it shall be mandatory duty of the City Commission at such meeting
at which the Clerk’s certificate is presented to enact the ordinance in final
form or call an election for the purpose of submitting such proposed ordinance
to the votes of the electorate.
SEC. 32. THE INITIATIVE—TIME OF
HOLDING ELECTION.
If an election is scheduled to be held not less than
thirty (30) days and not more than sixty (60) days after such meeting, such
proposed ordinance shall be submitted to a vote of the electors at such
election. If no election is to be held within the time aforesaid, the City
Commission shall provide for submitting the proposed ordinance to the electors
at a special election to be held not later than sixty (60) days, nor earlier
than thirty (30) days thereafter. At least ten (10) days before any such
election, the City Clerk shall cause such proposed ordinance to be published, in
one issue of a newspaper published in Alachua County.
SEC. 33. THE INITIATIVE—BALLOTS.
Ballots to be used when voting upon any such proposed
ordinance shall state the title of the ordinance to be voted on and below it the
propositions “For the proposed Ordinance” and “Against the proposed Ordinance”.
Immediately to the left of each proposition there shall be a square in which the
marking of a cross mark (X); the voter may vote for or against the proposed
ordinance. If a majority of the electors voting on any such proposed ordinance
shall vote in favor thereof, it shall thereupon become an ordinance of the City,
and a part of the Code of Ordinances of the City of Newberry, upon canvass of
such votes and proper certification.
SEC. 34. REFERENDUM ELECTIONS.
Any existing ordinances of the City of Newberry or
any section or related sections of the “Code of Ordinances of the City of
Newberry”, including ordinances approved by the electorate, may be repealed or
amended, and any intended sale or lease of public property may be approved, or
rejected by a majority of the electors voting at a referendum election, when
such matter is submitted to a referendum by the City Commission, upon its own
motion or as a result of initiative proceedings. In case of initiative
proceedings, when the necessary requirements have been met, and proper petitions
bearing the signatures of twenty-five percent (25%) of the registered electors
have been filed, the City Commission shall pass a resolution calling for a
referendum election to be held under the same procedure as provided in Sections
41 and 42.
SEC. 35. AMENDMENT AND REPEAL.
No ordinance passed by an electoral vote can be
replaced or amended except by electoral vote; but an ordinance to repeal or
amend any such ordinance may by resolution of the City Council be submitted to
an electoral vote at any regular or special election, provided notice of
intention to do so published by the City Council not more than sixty (60) days
nor less than thirty (30). days prior to such election, in the manner required
for the publication of initiated ordinances. If an amendment is so proposed,
such notice shall contain the proposed amendment in full. Such submission shall
be in the same manner and the vote shall have the same effect as in cases of
ordinances submitted to an electoral vote by initiative proceedings.
ARTICLE VI. EXECUTIVE OFFICERS
The Mayor, the City Manager (should one be
appointed), City Attorney and City Clerk are recognized as executive officers of
the City, and shall severally perform on behalf of the City the following
duties:
(a) The Mayor, the City Manager (should one be appointed) and the City Clerk
shall sign all bonds issued by the City.
(b) All contracts, agreements, leases or other instruments to which the City
is a party and under which the City assumes any liability, shall be executed in
the name of the City by the Mayor, and the City Manager (should one be
appointed) and attested by the City Clerk, and the form of such instrument shall
be approved by the City Attorney, provided however, that where by ordinance,
rule, or regulation, the execution of short-term leases or other instruments is
delegated to another person, such instrument may be executed in the manner
provided by such ordinance, rule or regulation.
(c) All checks for the payment of money by the Municipality shall be signed
by such officer or officers of the City as may be provided by ordinance.
SEC. 37. COMPENSATION OF
OFFICERS.
The City Commission of the City of Newberry shall by
resolution fix the compensation of the Mayor, the City Commissioners, the City
Manager (should one be appointed), City Clerk and the City Attorney.
Every official of the City shall, before entering
upon the duties of his/her office, take and subscribe to an oath or affirmation
before a Notary Public to be filed and kept in the office of the City Clerk,
which oath shall be in the following form, to wit:
OATH
I do solemnly swear (or affirm) that I am a citizen of the United States, and
a resident of the State of Florida and of the City of Newberry, Florida, and
have all the qualifications as required by the Charter for the office or
position upon which I am about to enter; that I will support the Constitution of
the United States, the Constitution of the State of Florida, and the laws and
ordinances of the City of Newberry; and that I will faithfully perform the
duties of the office upon which I am now about to enter. So help me God!
________________________
OFFICER
Title of Officer
_______________________
Sworn to and subscribed before me this the
____ day of ________________, 2006.
NOTARY PUBLIC
The City Commission shall, by resolution, determine
and fix the amount of bonds of all officers or employees required to furnish
bonds, as determined by the City Commission. Where bond is required same shall
be procured from a regularly accredited Surety Company, licensed and authorized
to do business in the State of Florida and maintaining an office and having an
attorney-in-fact authorized to sign such bonds in the City of Newberry. The City
of Newberry shall pay the premium on such bonds; all of which shall be payable
to the City of Newberry and filed in the office of the City Clerk.
SEC. 40. CITY
MANAGER—APPOINTMENT QUALIFICATIONS AND COMPENSATION.
The City Commission may appoint a City Manager who
shall be the administrative head of the municipal government answerable to and
under the direction and supervision of the City Commission, and shall hold
office at the pleasure of the City Commission. He/she shall receive such
compensation as the City Commission may, by resolution, fix and determine and
shall furnish such bond as the City Commission may require. He/she shall be
chosen solely on the basis of his/her executive and administrative
qualifications without regard to his/her political belief, shall be over the age
of twenty-one years, shall reside in the City during his/her term of office, but
need not be a resident of the City or State at the time of his/her appointment.
During the absence or disability of the City Manager, the City Commission
may, by resolution, designate some properly qualified person to temporarily
execute the functions of the office. The person thus designated shall have the
same powers and duties as the City Manager and shall be known while serving as
“Acting City Manager” The City Manager shall:
(a) See that the laws and ordinances of the City are enforced.
(b) Appoint, promote, suspend, demote and/or remove any subordinate officers
and employees under his/her jurisdiction. Such appointment, promotion,
suspension, demotion or removal shall be in compliance with the personnel system
and other applicable rules and regulation of the City of Newberry
(c) Exercise control, direct, and supervise all activities of the municipal
government, except as otherwise provided in this Charter.
(d) See that all terms and conditions imposed in favor of the City or its
inhabitants in any public utility franchise are faithfully kept and performed;
and upon knowledge of any violation thereof, to call the same to the attention
of the City Commission, whose duty it is hereby made to take such legal steps as
may be necessary to enforce the same.
(e) Attend all meetings of the City Commission, with right to take part in
the discussions, but without having a vote.
(f) Recommend to the City Commission for adoption such measures as he/she may
deem necessary or expedient in the interest of the City.
(g) Keep the City Commission fully advised as to the financial conditions and
needs of the City, and at the proper time, submit to the City Commission for its
consideration an annual budget.
(h) Advise and consult with all officers and official heads of the several
departments of the City relative to the affairs of such departments, and to make
such recommendations to the City Commission respecting such department.
(i) Investigate and determine whether purchases of current supplies and
contractual services are made in accordance with regulations prescribed by
Charter and ordinance, whether competitive conditions are maintained in a fair
and impartial manner.
(j) Permit no contract to be let for the construction of public improvements
except by the City Commission.
(k) Prepare and submit to the City Commission, within sixty (60) days after
the close of each fiscal year, a complete report of the operation and business
of the City for the preceding fiscal year.
(l) Sign such bonds, contracts and agreements of the City as ordered so to do
by the City Commission.
(m) When authorized to do so by the City Commission, perform such other
duties as may be prescribed under this Charter, or may be required by motion,
direction, ordinance or resolution of the City Commission.
SEC. 41. CITY ATTORNEY –
APPOINTMENT, QUALIFICATIONS AND COMPENSATION
The City Commission shall appoint a City Attorney who
shall serve at the pleasure of the Commission. He/she shall be a lawyer of at
least two (2) years experience and practice in the Court of the State of Florida
and shall be a resident of, and registered voter in, Florida. He/she shall
receive such compensation as the City Commission may by resolution fix and
designate.
The City Attorney shall be the legal advisor to, and attorney and counselor
for, the City and all of its officers in matters relating to their official
duties, and to that end shall:
(a) Upon request of the City Commission, attend the meetings and advise the
City Commission on all points of law and parliamentary procedure.
(b) Prepare all ordinances and resolutions required by the City Commission
for adoption or enactment.
(c) Prepare all contracts and other instruments in writing in which the City
is concerned, and endorse on each his/her approval of the form and correctness
thereof (except that municipal bonds need not be endorsed with the approval of
the City Attorney as to form and correctness thereof).
(d) When required to do so by the City Commission, protect and defend on
behalf of the City all complaints, suits and controversies in which the City is
a party, or file any action on behalf of the City.
(e) Furnish the Mayor, City Commission, the City Manager, the head of any
department, or any officer or board, his/her opinion on any question of law
relating to their respective powers and duties.
(f) Act as the official advisor of any City Advisory Board or department when
so designated.
(g) From time to time, compile and codify the laws and ordinances of the City
of Newberry into a Code of Ordinances; but in connection therewith the City may
secure the aid and assistance for him/her of other persons and may allow special
compensation for such work.
(h) Perform such other professional duties as may be required of him/her by
this Charter or by Ordinance or Resolution of the City Commission.
SEC. 42. CITY CLERK – POWERS AND
DUTIES.
There shall be a City Clerk who shall be appointed by
the City Commission and shall serve at the direction and pleasure of the
Commission. . The City Clerk shall receive a salary to be fixed by the City
Commission.
The city clerk and his/her duly authorized deputies shall perform the
following duties:
(a) Attend all meetings of the City Commission and keep minutes of its
proceedings, the correctness of which proceedings shall be certified to by
his/her signature and by the signature of the presiding officer of the City
Commission of such meetings; and the official minutes of the City Commission,
when duly signed by the City Clerk and the presiding officer of such meeting
shall be prima facie evidence of the facts and happenings stated therein. He/she
shall furnish certified copies of the minutes as required,
(b) Administer any oath required by the law of ordinances of the City.
(c) Be the official custodian of the seal of the City of all records and
papers of an official character pertaining to the affairs of the Municipality;
and whenever an official seal is required on any official document of the City
of Newberry same shall be affixed, by the city clerk-auditor.
(d) Sign all ordinances and resolutions and record in full in books kept for
said purposes all ordinances and resolutions; and furnish certified copies as
required.
(e) Be responsible for preparing and keeping a list of the outstanding city
bonds, to whom issued, for what purpose, when and where payable and at the rate
of interest they respectively bear.
(f) Perform all other duties as may be assigned by the city commission,
required by this Charter or ordinance, or any duties applicable and proper to be
performed by the city clerk-auditor.
(g) Cooperate with the independent auditors retained by the City to make an
independent audit of the City’s receipts and disbursements during the year.
(h) Perform such other professional duties as may be required of him/her by
this Charter or by Ordinance or Resolution of the City Commission.
SEC. 43. DATE OF ELECTIONS AND
PROCEDURE.
Regular elections shall be held on the second Tuesday
of April of each yearElectors of the City shall have the same qualifications to
be permitted to vote in any City election as electors of the state elections and
shall be registered with the supervisor of elections of Alachua County. The City
Commission shall by ordinance prescribe the manner and method of holding all
special elections in the City, which are not provided for by the terms of this
charter, and shall in such ordinance prescribe when and how such special
elections shall be called and held. All elections shall be substantially on the
principles adopted for state elections, insofar as there is not conflict with
the terms of this charter, provided, that the City Commission may, by ordinance,
prescribe the manner, method and conduct of elections not in conflict with this
Charter.
The terms of elective officers shall begin upon the official canvass of the
vote after their election and all officers shall hold office for a term of two
(2) years, commencing with the next general election in the City. Those
candidates for City Commissioner and the candidates for Mayor receiving a
plurality (the greatest number of votes at said election) shall be declared
elected. In the case of a tie vote, the successful candidates shall be
determined by lot (by flip of a coin by the City Clerk).
SEC. 44. REGISTRATION OF VOTERS.
The City shall use and adopt the registration rolls
of the Alachua County Supervisor of Elections as the registration rolls of the
City. The City shall, where applicable, follow the elections procedures
prescribed by Florida Law.
SEC. 45. TIME OF OPENING AND
CLOSING POLLS.
The polls, at every municipal election, shall be open
without intermission from 7:00 a.m. until 7:00 p.m.
SEC. 46. CALLING AN ELECTION BY
RESOLUTION/PROCLAMATION
All elections shall be called by proclamation of the
Mayor issued not less than sixty (60) days before such elections and shall be
conducted except as otherwise specifically provided, under the provisions of the
General Election Laws of the State, when not inconsistent with the provisions of
this Charter. The proclamations shall be advertised in a newspaper of general
circulation within the City once each week for two (2) consecutive weeks prior
to the elections. Should the Mayor fail or refuse to call any election in due
time, the City Commission shall do so by resolution.
Should a condition arise where there should be no
City Commission serving, either through death, resignation or otherwise, in the
interim, until a special election can be called to fill such vacancies, the
Mayor, or in the absence of the Mayor, the City Manager (should one be
appointed) shall have the power to fill the vacancies until successors are
elected; and such City Commission, so appointed, shall call a special election
as provided by the Charter. In the event of the inability or refusal of the
Mayor, or in the absence of the Mayor the City Manager (should one be appointed)
to serve in such capacity or to fill such vacancies within five (5) days after
such condition arises, the City Clerk shall do so. In the event of the inability
or refusal of the City Clerk to act within six (6) days, the Deputy Clerk shall
do so.
(1) Nonpartisan elections. All nominations and elections for the offices of
Mayor and City Commission shall be conducted on a nonpartisan basis without
regard for a designation of a political party affiliation for any nominee or any
nominating petition for ballot.
(2) City Officers. City officers, as defined by Florida Statute 99.012 (1)
(a), who qualify as candidates for an elective city office shall be governed by
provisions of Florida “Resign to Run” laws. (F.S. Chapter 99.012).
(3) City Employees. Any person who is a city employee who qualifies as a
candidate for an elective city office shall be governed by the provisions of
Florida “Resign to Run” laws. (F.S. Chapter 99.012).
ARTICLE VIII. EXTENDING OR CONTRACTING TERRITORIAL
LIMITS
SEC. 48. ANNEXED AREA TO BECOME
PART OF CITY; COUNTY TO RELINQUISH AREAS FROM SERVICE.
The city is hereby authorized to annex all or part of
a definitely described tract of land lying contiguous to the boundaries of the
City of Newberry, or one or more tracts of land lying contiguous to each other
with one of said tracts lying contiguous to the boundaries of the City of
Newberry, to the City of Newberry by any of the methods permitted in this
Charter or by any method authorized by state law.
Upon annexation the area annexed shall be a part of the city and the county
shall relinquish that area from its service districts and turn its
responsibility within the area over to the city without cost to the city
taxpayers other than assumption of existing bonded indebtedness and any legal
levy of assessment.
SEC. 49. INVESTIGATIONS; BY WHOM
MADE.
The City Commission, or any investigating board or
committee appointed by the City Commission for such purposes, shall have the
power at any time to cause the affairs of any city department or the conduct of
any officer or employee of the City to be investigated; and for such purpose
shall have the power to compel the attendance of witnesses and the production of
books, papers and other evidence; and for that purpose summons, or subpoenas may
be issued by the presiding officer of the body, or by the officer making the
investigation, and same shall be served by an officer authorized by law to serve
such process. The authority making such investigation shall have the power to
cause testimony to be given under oath, such oath to be administered by some
officer having authority under the law of the State to administer oaths.
SEC. 50. GENERAL LAWS TO APPLY.
All general laws of the State applicable to municipal
corporations, now existing or which may hereafter be enacted, and which are not
in conflict with the provisions of this Act or the ordinances or resolutions now
in force or hereafter enacted by the City Commission, shall be applicable to
this City; provided, however, nothing contained in this Act shall be construed
as limiting the power of the City Commission to enact any ordinance or
resolution not in conflict with the Constitution of this State and of the United
States of America, or with the express provisions of this Act.
The provisions of this Act are severable, and if any
section, part of section, paragraph, sentence, or clause of this Act shall be
adjudged by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of any other portion thereof, but shall be restricted
and limited in its operation and effect to that specific portion hereof involved
in the controversy in which such decision shall have been rendered.
All laws and part of laws, ordinances, or
regulations, insofar as they are in conflict or inconsistent with the provisions
of this Act, be, and the same hereby, repealed.
SEC. 53. AMENDMENT BY
LEGISLATIVE ACT AND VOTER APPROVAL.
The provisions of this Charter or amendments thereto,
including repeal and abolishment of any or all of its parts and establishment of
an entirely new charter, may be amended by the same process of legislative
enactment and voter approval followed in establishment of this Charter.
SEC. 54. AMENDMENT BY ORDINANCE
AND VOTER APPROVAL.
This Charter, its provisions and amendments, may also
be amended, or a new Charter established, by adoption by the City Commission of
appropriate amendment ordinance or ordinances and approval of same by the voters
of the City in an election held in the manner followed for approval of this
Charter. It is intended that all methods for adopting ordinances, including the
initiative and its mandatory provisions, shall be applicable for adoption of
such amendment ordinances.
SEC. 55. ADVERTISEMENT OF
REFERENDUM
When an election is held for approval of an
amendment, amendments, new charter or amendments ordinances, the City Commission
shall have said election advertised in the same manner followed in advertising
the election for approval of this Charter.
SEC. 56. RIGHTS OF OFFICERS AND
EMPLOYEES.
Except as is specifically provided herein, nothing in
this charter shall affect or impair the rights or privileges of persons who are
city officers or employees at the time of adoption. City Commission members
shall continue to hold their offices until successors are elected.
