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EMERGENCY ORDINANCE NO. 140-C
AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY OF
CLERMONT PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF CLERMONT,
PROVIDING FOR THE PLACING OF THE PROPOSED AMENDMENTS TO A VOTE OF
THE ELECTORS AT THE NEXT GENERAL ELECTION, AND PROVIDING AN EFFEC-
TIVE DATE
THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT:
SECTION 1.
PURSUANT TO CHAPTER 166.031, FLORIDA STATUTES, 1974, the following pro-
posed amendments to the Charter of the City of Clermont shall be submitted to the
electors of the City of Clermont:
a. Article I, Sec. 5 is hereby deleted.
b. Article I, Sec. 5.1 shall read:
The City shall have full right and authority to establish and maintain
or support a Chamber of Commerence and may levy not more than one-half
(~) mill in ad valorem taxes to support the same. The City may by
ordinance prescribe the rules and regulations governing the duties and
authority of said Chamber of Commerce.
c. Article II, Sec. 6.b shall read:
Council seats. There shall be five (5) council seats numbered 1 to 5 con-
secutively. Any elector of the City may qualify for anyone of the said
five (5) seats. The present members of the City Council shall hold
their seats for the term of office for which they have been elected.
Seats numbered 1, 3 and 5 shall be up for election for a period of 2
years the 1st Tuesday in December, 1976 (and every even-numbered year
thereafter). Seats 2 and 4 shall be up for election the 1st Tuesday
in December, 1975, (and every odd-numbered year thereafter). However,
Seat number 3 shall henceforth be designated as the Mayor-Councilman's
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Seat, and the person elected to that seat shall serve as Mayor for his
two-year term. He shall assist in developing community policies and
work with the Council to develop these polices and interpret them to
the public. He shall represent the City at official functions, appoint
advisory committees, coordinate their work, and maintain contact with
other governmental agencies and civic groups.
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d. Article II, Sec. 6.c is hereby deleted.
e. Article II, Sec 6.c shall read:
Qualifications. Any person seeking election to any City Office must at
the time of filing his petition for qualification:
(1) Be eighteen (18) years of age or older.
(2) Be a registered elector residing in the City of Clermont.
f. Article II, Sec. 6.d shall read:
Elected officials shall take the oath of office during the last regularly
scheduled Council meeting in December of the year in which they are
elected.
g. Article II, Sec. 7. shall read:
Compensation.
The Council may determine the compensation of councilmen by ordinance,
but no ordinance increasing such compensation shall become effective
until the date of commencement of the terms of councilmen elected at
the next regular election. Councilmen shall received their actual
and necessary expenses incurred in the performance of their duties of
office.
h. Article II, Sec. 8 shall read:
Mayor Pro-tem.
The Council shall, at its first regular meeting in Janurary of each year,
elect a Mayor Pro-tem from their number. The Mayor Pro-tem shall act
as Mayor during the absence or disability of the Mayor.
i. Article II, Sec. 10. c. shall read:
Interference with administration. Except for purposes of inquiry, the
Councilor its members shall dear 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 Council nor its members shall
give orders to any such officer or employee, either publicly or privately.
j. Article II, Sec. 10. d. is hereby deleted.
k. Article II, Sec. 10. d. shall read:
Two offices prohibited. No one person shall hold any two (2) of the
offices of City Manager, City Clerk, Finance Director at one time.
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1. Article II, Sec. 11. b. shall read:
Forfeiture of office. A councilman shall forfeit his office if he
(1) lacks at any time during his term of office any qualification for
the office prescribed by this charter or by law,
(2) willfully violates any express prohibition of this charter,
(3) and (4) have not been changed.
m. Article II, Sec. ll.c. shall read:
Filling of Vacancies
(1) If a vacancy for seats 1, 2, 4 or 5 occurs within a six-month
period prior to a general election, the Council shall appoint a
qualified person to fill the vacancy until the general election
at which time the seat will be up for election.
(2) If a vacancy in seats l, 2, 4, or 5 occurs more than six months
prior to the next general election, the Council shall declare a
special election to fill the vacancy for the balance of the
term.
(3) If a vacancy in seat 3 occurs within a six-month period prior to a
general election, the Mayor Pro-tem shall serve as Acting Mayor
until the next general election, at which time a Mayor shall be
elected for the unexpired portion of the existing term or to a full
term, whichever is applicable. The Council shall elect an acting
temporary Mayor Pro-tem from their number who shall act only so long
as the Mayor Pro-tem is serving as Mayor. The Council shall
appoint a qualified person to fill the vacant seat. That person so
appointed shall serve as temporary councilman only until a mayor
is elected.
(4) If a vacancy in seat 3 occurs more than six months prior to the next
general election, the Council shall declare a special election to
fill the vacancy to serve for the balance of the term. The Mayor
Pro-tem shall serve as Acting Mayor until a mayor is elected and
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and: then 'will resume his duties as Mayor Pro-tern.
n. Article II, Sec. 12. shall read:
Resign to run.
No individual may qualify as a candidate for public office who holds
another elective or appointive office, the term of which or any part
thereof runs concurrently with the term of office for which he seeks
to qualify without resigning from such office not less than ten (lO)
days prior to the first day of qualifying for the office he intends to
seek. Said resignation shall be effective not later than the date
upon which he would assume office, if elected to the office to which
he seeks to qualify, the expiration date of the term of the office
which he presently holds, or the general election day at which his
successor is elected, whichever occurs earliest. Said resignation
shall create a vacancy in said office thereby permitting persons to
qualify as candidates for nomination and election to that office in
the same manner as if the term of such public officer were otherwise
scheduled to expire.
o. Article II, Sec. 13 shall read the same as Article II, Sec. 12 in
the old charter.
p. Article II, Sec. 14 shall read:
City Clerk.
The City Manager shall appoint a City Clerk, subject to approval by a
majority vote of the Council. The City Clerk so appointed shall act as
Clerk of the City Council; shall take minutes of all regular and special
council meetings; shall give notice as required by this charter of
all council meetings; shall keep a record of all ordinances and resolutions;
shall perform whatever other duties assigned to him by the City Council.
The City Manager shall have the authority to appoint Deputy Clerks.
q. Article II, Sec. 15 shall read:
Finance Director. The City Manager shall appoint a Finance Director, sub-
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ject to approval by a majority vote of the Council. The Finance Director
shall assist the City Manager in the general accounting and financial
affairs of the City.
r. Article II, Sec. 16 shall read:
The City Manager and the City Clerk (and any City officers and employees
that the Council deems necessary), shall be required to give such bond
as the Council may prescribe at the City's expense.
s. Artic!e ~!, Sec. P (b), is.hereb:t deleted.
1;; ArtiCle II, Seë; 18, ~c ;sh&1Fread
Voting. Voting shall be by voice vote on all matters except ordinances
or upon call of any member of the Council in which case the vote will
be by roll call. Councilmen may request that the minutes reflect the
reasons they voted a certain way.
u. Article II, Sec. 19. is hereby reserved.
v. Article_II, Sec. 20. shall read:
Each ordinance or resolution shall be introduced in writing and shall
embrace but one subject and matters properly connected therewith. The
subject shall be stated in the title. No ordinance shall be revised or
amended by reference to its title only. Ordinances to revise or amend
shall set out in full the revised or amended act, section, subsection,
or paragraph of a section or subsection.
(1) A proposed ordinance may be read by title, or in full, on at least
two separate days and shall, at least fourteen days prior to adoption, be
published once in a newspaper of general circulation in the municipality.
The notice of proposed ordinance shall state the date, time, and place
of the meeting, the title or titles of proposed ordinances and the place
or places within the municipality 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.
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(2) The City Council with a two-thirds vote may enact an emergency ordi-
nance without complying with the requirements of paragraph (1) of this
subsection. Such emergency ordinance shall be introduced in writing
and shall be effective only for a period of 60 days, at which time it will
automatically be repealed.
The majority of the members of the Council shall constitute a quorum.
The affirmative vote of the majority of a quorum present shall be
necessary to enact any ordinance or adopt any resolution; provided that
a two-thirds (2/3) vote of the members of the Council is required to enact
an emergency ordinance. On final passage, the vote of each member of
the Council voting shall be entered on the official record of the meeting.
All ordinances or resolutions passed by the Council shall become effective
ten days after passage or as otherwise .provided therein.
Every ordinance or resolution shall, upon its final passage, be recorded
in a book kept for that purpose, and shall be signed by the presiding
officer and the Clerk of the Council.
w. Article II, Sec. 2L is hereby reserved.
x. Article II, Sec. 22, is hereby reserved.
y. Article II, Sec. 23. a. shall read:
Authentication and recording. The City Clerk or Finance Director shall
authenticate by his signature and record in full a properly indexed
book kept for that, purpose all ordinances and resolutions adopted by the
CounciL
z. Article II, Sec. 23. b. shall read:
General ordinances shall be codified within one year after adoption.
This provision shall not apply to special, miscellaneous or emergency
ordinances.
aa. Article III, Sec. 24.c. shall read:
Elections shall be held in accordance with the general election laws
of the State of Florida.
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bb. Article II, Sec. 26 is hereby reserved.
cc. Article III, Sec. 27 is hereby reserved
dd. Article III, Sec. 29. b. shall read:
The City Council may also appoint a person to serve as 2nd Municipal
Judge and shall have the same obligations and authority as the Municipal
Judge when he is called upon to serve.
ee. Article V, Sec. 3l.c. shall read:
Neither the council nor any of its members shall direct or request
the appointment of any person to or his removal from, office by
the City Manager or by any of his subordinates, or in any manner take part
in the appointment or removal of officers or employees in the administra-
tive service of the City, except as otherwise provided. Except for
the purpose of inquiry, the Council and its members shall deal with
the administrative service solely through the City Manager and neither
the Council nor any member thereof shall give orders to any subordinates
of the City Manager, either publicly or privately. Any councilman
violating the provisions of this section, or voting for a resolution
or ordinance in violation of~this section shall ,constitute grounds
for recall.
ff. Article V, Sec. 32. a., (1) shall read:
Appoint and, when necessary for the good of the City, remove all officers
and employees of the City except as otherwise provided by this charter
and except as he may authorize the head of a department or office, to
appoint and remove subordinantes in such department or office:
gg. Article V, Sec. 32. a., (6) shall read:
To perform such other duties as may be prescribed under this charter or
7'as may be required 'by him by ordinance or resolution of the City Council;
hh. Article V, Sec. 32.a., (7) shall read:
The City Manager may appoint a qualified person as purchasing agent,
subject to approval of the Council, by whom all purchases of supplies
shall be made subject to the rules and regulations to be prescribed by
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the Council and he shall approve all vouchers for the payment of same.
In the capacity of purchasing agent he shall also conduct all sales
of personal property which the Council may authorize to be sold as
having become unnecessary or unfit for the City's use. All purchases,
sales and contracts shall conform to such regulations as the City Council
may from time to time prescribe.
ii. Article V, Sec. 32.b. shall read:
The City Manager shall manage and control all City owned public utilities
operated and managed by the municipality and the office of the City
Manager shall be charged with the management and operation of all public
works, charitable and correctional institutions and agencies of the
City; subject to regulations prescribed by ordinances, and regulations
relative to the preservation and promotion of public health; shall
manage or inspect water, lighting, power and transportation enterprises
of the City; shall manage and control the use, construction, improvement,
repair and maintenance facilities of the City, including parks, play-
grounds and public gymnasiums, and social centers. He shall manage and
supervise all public improvements, works and undertakings of the City
except as otherwise provided in this charter.
jj. Article V, Sec. 33. shall read.
To perform his duties during his temporary absence or disability, the
manager may designate by letter filed with the City Clerk and Mayor
a qualified administrative officer of the City as acting City Manager;
provided, however, the appointment shall not be for a period longer
than 30 days. In the event of failure of the manager to make such
designation, or in the event the City Manager is absent or disabled
for a period longer than 30 days, the Council shall appoint a qualified
person as acting City Manager.
kk. Article V, Sec. 36. shall read:
Submission of budget.
On or before the 31st day of August of each year, the manager shall submit
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to the Council a budget for the ensuing fiscal year.
11. Article V, Sec. 38.b. shall read:
Adoption. The Council shall adopt the budget on or before the 30th
day of September of the fiscal year currently ending. If it fails to
adopt the budget by this date, the amounts appropriated for current
operation for the current fiscal year shall be deemed adopted for the
ensuing fiscal year on a month-to-month basis, with all items in it
prorated accordingly, until such time as the Council adopts a budget
for the ensuing fiscal year. Adoption of the budget shall constitute
appropriations of the amounts specified therein as expenditures from
the funds indicated and shall constitute a levy of the property tax
therein proposed.
mm. Article V, Sec. 39.b. shall read:
Emergency appropriations. To meet a public emergency affecting life,
health, property or the public peace, the Council may make emergency
appropriations. Such appropriations may be made by emergency ordinance
in accordance with the provisions of Section 20B2 to the extent that
there are no available unappropriated revenues to meet such appropriations,
the Council may be such emergency ordinance authorize the issuance of
emergency notes, which may be renewed from time to time, but the emergency
notes and renewals of any fiscal year shall be paid not later than the last
day of the fiscal year next succeeding that in which the emergency appro-
priation was made.
nn. Article V, Sec. 40 a. shall read:
At any time during the fiscal year the Finance Director with authorization
of the City Manager may transfer all or part of any unencumbered appropri-
ation balance among programs within a department, office or agency. Upon
written request by the City Manager, the City Council may b~ resolution
transfer part or all of any unencumbered appropriation balance from one
department, office or agency to another department, office or agency.
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00. Article V, Sec. 40. b. shall read:
Limitations; effective date. No appropriation for debt service may be
reduced or transferred, and no appropriation may be reduced below any
amount required by law to be appropriated. The supplemental and
emergency appropriations and reduction or transfer of appropriations
authorized by this section may be made effective immediately upon
adoption.
pp. Article V, Sec. 40. c. shall read:
Payments and obligations prohibited. No payment shall be made or
obligation incurred against any allotment or appropriation unless the
Finance Director certified that there are sufficient funds available
to cover the claim or meet the obligation when it becomes due and payable.
qq. Article VIII, Sec. 57. shall read:
For any or all of said purposes the City Council may divide the municipality
into districts of such number, shape, and area as may be deemed best
___ suited to carry out the purpose of this Article; and within such
districts it may regulate atul restric:t .:the ..:erectioI)., '.:constTuctioI),
reconstruction, alteration, repair, or use of buildings, structures,
or land. All such regulations shall be uniform for each class or
kind of buildings throughout each district, but the regulations in one
district may differ from those in other districts.
rr. Article V, Sec. 59. shall read:
The City Council shall provide for the manner in which such regulations
and restrictions and the boundaries of such districts shall be determined,
established, and enforced, and from time to time amended, supplemented
or changed. However, no such reglation,' restriction, or boundary
shall become effective until after a public hearing in relation thereto,
at which parties in interest and citizens shall have an opportunity to
be heard. At least fourteen days notice of the time and place of such
hearing shall be published in an official newspaper, or a paper of general
circulation in such municipality.
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ss. Article V, Sec. 62. shall read:
The City Council shall appoint a Planning and Zoning Commission.
tt. Article V, Sec. 63. shall read:
The City Council shall appoint a Board of Adjustment.
uu. Article IX, Sec. 64.a. shall read:
The City Council shall have power to provide for relief or pension of
persons in the employ of the City and to adopt such ordinances as may
be necessary to carry this action into effect.
vv. Article IX, Sec. 64.b shall read:
In furtherance of such object, and without intending to limit it by
these specifications, the Council may adopt such pension plan as it
deems suited to the interest of the City and the employees, may make
contributions of public monies to such pension plan on such terms and
conditions as the Council may see fit, and may make rules and regulations
for the management, investment and administration of such plan. Such
plan may consist of a pension fund or funds operated by the City or
administered by a trustee under a deed of trust, or of contracts of
insurance or annuities, including deposit administrations group annuity
contracts, with any insurance company authorized to transact business
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in this sta~,or a combination thereof, and for any or all of such
purposes the City may appropriate out of its treasury any money necessary
to pay premiums or charges incident to the maintenance of such funds
or the carrying of such policies or contracts.
ww. Article IX, Sec. 64.c. shall read:
All previously established pension funds created under any prior pension
ordinance, not inconsistent with this Section, are hereby affirmed,
approved and ratified.
xx. Article X, Sec. 1. shall read:
MUNICIPAL BONDS
The City may issue bonds, revenue bonds, certificates of indebtedness and
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other obligations for such purposes and in such manner as may be provided
by resolution of the City Council in the manner provided by law.
SECTION 2.
The proposed amendments shall be placed on the ballot at the next general
election held within the City of Clermont by the following question:
Do you favor the proposed amendments to the Charter of the City
of Clermont, Lake County, Florida, as proposed in Emergency
Ordinance No.
Yes
No
SECTION 3.
Upon favorable vote of the majority of the electors voting in the said
election, the amendments shall be incorporated into the Charter and the revised
charter shall be filed with the Department of State of the State of Florida, at
which time the revised Charter shall take effect.
SECTION 4.
This Emergency Ordinance shall be posted at the City Hall until after
the general election.
SECTION 5.
This Emergency Ordinance is adopted pursuant to the Charter of the City
of Clermont and the general laws of the State of Florida and shall become effective
upon its passage and approval.
COUNTY ,
PASSED AND ORDAINED BY THE CITY
FLORIDA, the ::19 i& day of mtf.J'A/
COUNCIL OF THE CITY OF CLERMONT, LAKE
, 1975.
::~ °aJRMON
CLAUDE
Mayor
ATTEST:
C1fl~u~ !.u.CtuJIl
DOLORES W. CARROLL, City Clerk
t£.;
APPROVED BY me, this :2..ðJ- day
of rD~
, A. D. 1975
tJI
Mayor