ORDINANCE NO

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF SEMINOLE, FLORIDA, CALLING AN ELECTION ON PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 4, 2014; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF A SERIES OF PROPOSED CHARTER AMENDMENTS WHICH RESULTED FROM REVIEW BY THE CITY COUNCIL OF THE RECOMMENDATIONS OF THE CITY S CHARTER REVIEW COMMITTEE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section of the Seminole City Charter requires the establishment of a Charter Review Committee during the month of January, 1999 and each five years thereafter with an expressed purpose to review the operations of City government in order to recommend amendments to the City Charter; and WHEREAS, the Mayor and Council appointed a Charter Review Committee which has completed a comprehensive review of City government and provided the Mayor and Council with recommended charter amendments; and WHEREAS, Chapter 166, Florida Statute provides that amendments to the Charter shall be submitted to a referendum vote by the City Council through the adoption of an ordinance calling for such referendum election; and WHEREAS, the City Council has reviewed such recommendations and has determined this Ordinance amending the City Charter to be in the best interest of the public health, safety and welfare of the City of Seminole; and WHEREAS, pursuant to Section 10.03(e) of the Charter of the City of Seminole, the City Council hereby proposes, by referendum ordinance, that the Charter be amended as set forth in Section 5 hereof. NOW, THEREFORE, BE IT ORDAINED, by the City of Seminole, Florida, that: Section 1. ELECTION CALLED. An election is called for Tuesday, November 4, 2014, to present to the electors of the City of Seminole each of the ballot questions provided in Section 4 of this ordinance. Section 2. VOTES. Balloting shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. at the regular polling places for City elections or as otherwise provided by the Supervisor of Elections in

2 accordance with applicable law. All qualified electors residing within the City who are timely registered shall be entitled to vote. Early voting may be provided as authorized by law. Section 3. NOTICE. Notice of the election shall be published in accordance with Section , Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to the election, the first publication to be in the fifth week prior to the election and the second publication to be in the third week prior to the election, and shall be in substantially the following form: NOTICE OF ELECTION PUBLIC NOTICE IS GIVEN THAT PURSUANT TO AN ENABLING ORDINANCE DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEMINOLE, AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY, NOVEMBER 4, 2014, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M. AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. Section 4. PROPOSED AMENDMENTS. There are twelve (12) proposed amendments to the City Charter which proposals are referred to by the following ballot titles: BALLOT TITLES 1. ELECTION AND TERMS SECTION PROHIBITIONS; APPOINTMENT AND REMOVALS SECTION 3.06(a). 3. VACANCIES, FORFEITURE OF OFFICE, FILLING OF VACANCIES; EXTRAORDINARY VACANCIES SECTION 3.07(c)(1) and (d). 4. CITY ATTORNEY; APPOINTMENT; REMOVAL, QUALIFICATIONS AND DUTIES SECTION 3.09(c)(5). 5. CITY ATTORNEY; APPOINTMENT; REMOVAL; COMPENSATION SECTION ACTING CITY MANAGER SECTION CONDUCT OF ELECTIONS SECTION 6.03(a). 8. ELECTIONS; TIE VOTE; RUNOFF ELECTION; SECTION 6.04(d) and (e). 9. UNCONTESTED ELECTIONS SECTION APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR; REDUCTIONS OF APPROPRIATIONS SECTION CHARTER REVIEW COMMITTEE SECTION (a) and (b) 12. GENDER NEUTRAL TERMS.

3 Section 5. PROPOSED CHARTER AMENDMENTS: The explanation, ballot title and ballot summary for each of the Charter amendments is as follows: 1. ELECTIONS AND TERMS SECTION 3.02: Explanation: City Charter Amendment deleting the transition schedule for elections and terms of office because the schedule is already being implemented. Elections and Terms Section 3.02 Shall Section 3.02 of the City Charter of the City of to delete the transition schedule from Section 3.02? 2. PROHIBITIONS SECTION 3.06(a): Explanation: City Charter Amendment deleting the language or any of his subordinates are. to clarify that the City Manager has sole authority to appoint or remove Administrative Officers or employees. Prohibitions Section 3.06(a): Shall Section 3.06(a) of the City Charter of the City of to provide that the City Manager is the only person who is authorized to appoint or remove any City Administrative Officer or employee by deleting the language or any of his subordinates are?

4 3. VACANCIES; FORFEITURES OF OFFICE; FILLING OF VACANCIES SECTION 3.07(c)(1): Explanation: City Charter Amendment increasing the time to fill a vacancy on Council from 30 days to 60 days, until the office may be scheduled for a regular election. Vacancies; Forfeitures of Office; Filling of Vacancies Section 3.07(c)(1) Shall Section 3.07(c)(1) of the City Charter of the City of to change the time to 60 days, until the office may be scheduled for a regular election when the voters will fill said office for the remainder of the term of office? 4. VACANCIES; FORFEITURES OF OFFICE; FILLING OF VACANCIES SECTION 3.07(d): Explanation: City Charter Amendment reducing the number of Council members required to be removed from office before the Governor shall appoint an interim council. Vacancies; Forfeitures of Office; Filling of Vacancies Section 3.07(d)

5 Shall Section 3.07(d) of the City Charter of the City of to change five members to (4) four members that are required to be removed from office before the Governor shall appoint an interim council? 5. CITY ATTORNEY, APPOINTMENT; REMOVAL; QUALIFICATIONS AND DUTIES SECTION Explanation: City Charter Amendment adding of the City Attorney after disability in sub-paragraph (c) (5). City Attorney, Appointment; Removal; Qualifications and Duties Section 3.09(5) Shall Section 3.09(c)(5) of the City Charter of the City of to add of the City Attorney? 6. APPOINTMENT; REMOVAL; COMPENSATION SECTION 5.02(b) Explanation: City Charter Amendment providing that the City Council may remove the City Manager by the affirmative vote of four members of the City Council.

6 Appointment; Removal; Compensation Section 5.02(b) Shall Section 5.02(b) of the City Charter of the City of to provide that the City Manager may be removed by an affirmative vote of (4) four members of the City Council? 7. ACTING CITY MANAGER SECTION 5.03: Explanation: City Charter Amendment providing for the form of communication between the City Manager and the City Council and providing that the replacement of the City Manager serve until the City Manager returns or his the disability ceases. Acting City Manager Section 5.03 Shall Section 5.03 of the City Charter of the City of to delete letter and replace with written communication and to delete shall return or his disability shall cease and add returns from said absence or disability? 8. CONDUCT OF ELECTIONS SECTION 6.03(a): Explanation: City Charter Amendment providing that City Council shall conduct all City elections.

7 Conduct of Elections Section 6.03(a) Shall Section 6.03(a) of the City Charter of the City of to provide that City Council conduct all City elections in compliance with the terms and conditions set forth by the Pinellas County Supervisor of Elections? 9. ELECTIONS SECTION 6.04(d): City Charter Amendment regarding tie votes of election results. Elections Section 6.04(d) Shall Section 6.04(d) of the City Charter of the City of to provide that if (2) two or more persons receive equal number of votes for the same office, such persons shall draw lots to determine who shall be elected to the office, and deleting Sections 6.07(e) Runoff Elections and (f) Reserved in its entirety? 10. UNCONTESTED ELECTIONS SECTION 6.05: Explanation: City Charter Amendment regarding filling of vacancies until the next regular election.

8 Uncontested Elections Section 6.05 Shall Section 6.05 of the City Charter of the City of to provide where there is a vacancy for which no candidate qualifies, the vacancy shall be temporarily filled, by appointment of a majority of the new City Council, until the next regularly scheduled election? 11. CHARTER REVIEW COMMITTEE SECTION 10.03: Explanation: City Charter Amendment regarding the number of members to serve on the Charter Review Committee and duration of term. Charter Review Committee Section Shall Section of the City Charter of the City of to provide that the Charter Review Committee shall be composed of (7) seven members, to serve until the ballot language deadline date to the Supervisor of Elections for the next regularly scheduled election, and further by deleting the language no less than (5) five nor more than (9) nine?

9 12. GENDER NEUTRAL TERMS Explanation: City Charter Amendment restating the Charter in gender neutral terms. Gender Neutral Terms Shall the City Charter of the City of Seminole, pursuant to Ordinance No , be amended to restate the Charter in its entirety in gender neutral terms and to eliminate unnecessary language and to insert clarifying language? Section 6. Results of Balloting: If a majority of the qualified electors voting on a proposed Charter Amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. In the event that some, but not all, of the Charter Amendments are approved by the electors, conforming amendments shall be deemed to be adopted. The City Attorney and City Manager are authorized to implement such conforming revisions of the Charter, by restoring any necessary text of the previous Charter provisions and harmonizing provisions, all to the extent necessary to assure that all amendments adopted conform to one another and to all remaining Charter provisions. The City Clerk shall file the revised Charter with the Florida Department of State. Section 7. Application of Amendments: That each of the Charter Amendments which are adopted by the electors shall be applied prospectively, unless otherwise stated by the Charter. Section 8. Conflicts: That in the event that the provisions of this ordinance conflict with any other City ordinance, the provisions of this ordinance shall prevail to the extent of any such conflict. Section 9. Severability:

10 I That the provisions of this ordinance are declared to be severable and if any section, sentence, cause or phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, causes and phrases of this ordinance, but they shall remain in effect, it being the legislative intent that this ordinance shall stand not withstanding the invalidity of any part. Section 10. Inclusion in the Charter: That, subject to the requirements of Section 7 above, it is the intention of the City Council, and it is ordained that the provisions of this ordinance shall become and made a part of the Charter of the City of Seminole; that the sections of this Charter may be renumbered or relettered to accomplish such intentions; and that the word " Ordinance" shall be changed to " Section" or other appropriate word. Section 11. Effective Date: That this Ordinance shall become effective immediately upon adoption. PASSED ON FIRST READING: JUNE 24, 2014 PUBLISHED: JULY 6, 2014 PASSED AND ADOPTED ON SECOND AND FINAL READING: JULY 22, 2014 C : LESLIE WATERS, MAYOR I, Rose Benoit, City Clerk of the City of Seminole, Florida, County of Pinellas, State of Florida, a municipal corporation do hereby certify the foregoing and hereto attached is a true and correct copy of Ordinance No , which is on file in the City Clerk' s Office. IN WITNESS WHEREOF, I hereunto set my hand and affixed the seal of the City of Seminole, Pinellas County, Florida this 22nd Day of July, ROSE BENOIT, CITY CLER

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