HomeMy WebLinkAboutCharter-City Manager/Council Form (Vero Beach)
Cdo'-j MCl\!c<f"' F"oih
PART 1
CHARTER ·
Art. I. Corporate Existence, Form of Government, Boundary, and Power.
~ 1.01. Corporate Existence, Form of Government, and Charter.
~ 1.02. Description of Corporate Boundary.
~ 1.03. General Powers of City.
~ 1.04. Construction.
Art. II. City Council.
~ 2.01. Composition of City Council.
~ 2.02. Election and Terms.
~ 2.03. Compensation of Council.
~ 2.04. Mayor.
~ 2.05. General Powers of City Council.
~ 2.06. Council-Employee Relationship.
~ 2.07. Vacancies, Filling of Vacancies.
~ 2.08. City Council Meetings.
Art. III. Charter Officers.
~ 3.01. Designation.
~ 3.02. Appointment.
~ 3.03. Removal.
~ 3.04. City Manager-Powers and Duties.
~ 3.05. City Clerk-Powers and Duties.
~ 3.06. City Attorney-Powers and Duties.
Art. IV. Elections..
~ 4.01. Electors.
~ 4.02. Nonpartisan Elections.
~ 4.03. Qualifying.
~ 4.04. Form of Ballots.
~ 4.05. Schedule and Notice of Elections.
~ 4.06. City Canvassing Board.
~ 4.07. Recall.
Art. V. General Provision.
~ 5.01. Charter Amendments.
~ 5.02. Oath of Officers.
~ 5.03. Limitation on Employment of Councilmen.
I 5.04. Budget Adoption.
_ fi Q.p5. Limitation on Alienation of City-Owned Real Property.
~ 5.06. Zoning Limitations.
Art. VI. Transition Schedule.--- -
~ 6.01.' Repeal of Former Charter Provisions.
I 6.02. Ordinances Pre&erved.
S 6.03. Continuation in Office.
S 6.04. Pending Matten.
S 6.05. Effective Date.
App. A. De.crlptio~ ~fC~rpor.at~ ~~.~a~y.. 0 . ...
-Editor's note-The provisions set out herein contain the ~~-; citY charter enacted at general
election March 9, 1982. Absence of a history note following any section herein indicates that said
section derives from said new city charter.
Supp. No. 22, 8/91
1
S 1.01
VERO BEACH CODE
ARTICLE I. CORPORA TE EXISTENCE, FORM OF
GOVERNMENT, BOUNDARY, AND POWER
Section 1.01. Corporate Existence, Form of Government, and Charter.
The City of Vero Beach in Indian River County. Florida. which was created by the Florida
Legislature, shall continue as a municipal corporation with a Council-Manager form of govern-
ment and with this document as'the Charter for the City.
Section 1.02. Description of Corporate Bounda.ry.
The area described in Appendix A of this Charter shall constitute the corporate boundary of
the City of Vero Beach.
Section 1.03. General Powers of City.
The City shall have all governmental, corporate, and proprietary powers to enable it to
conduct municipal government, perform municipal functions. and render municipal services, and
may exercise any power for municipal purposes except as expressly prohibited by law or this
Charter.
Section 1.04. Construction.
,A
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.
ARTICLE II. CITY COUNCIL
Section 2.01. Composition of City Council.
There shall be a City Council of five (5) members elected at large by the electOrs of the City.
Only qualified electors of the City shall be eligible to be members of the City Council.
Section 2.02. Election and Terms.
The regular election of City Councilmen shall be held on the second Tuesday in March of
each year in the manner provided in Article IV of this Charter and shall be for a term of two
(2) years. No election shall be required to be held ifthe number of vacancies to be filled at the
election are equal to or greater than the number of duly qualified candidates for Councilmen.
(Ord. No. 86-01, ~ 2, 1-7-86; Res. No. 86-06, 3-12-86)
Section 2.03. Compensation of Council.
The Mayor shall receive a salary of five hundred dollars ($500.00) per month and the other
members of the City Council shall each receive a salary of four hundred dollars ($400.00) per
month.
Supp. No. 22. 8/91
2
CHARTER
S 2.07
Section 2.04. Mayor.
(a) SelectioTL At the first meeting following the second Tuesday in March of each year the
City Council shall elect from the sitting Council members a Mayor and Vice-Mayor.
(b) Duties. The Mayor shall preside at meetings of the Council and shall be recognized as
head of the City government for service of process, ceremonial matters. and execution of con-
tracts. deeds, and other documents. The Mayor shall have no administrative duties other than
those necessary to accomplish these duties.
(c) Absences. The Vice-Mayor shall act as Mayor during the absence or disability of the
Mayor and if a vacancy occurs or exists in the office of Mayor the Vice-Mayor shall become Mayor
for the completion of the unexpired term of the former Mayor and shall also serve his regular term
as Mayor. In the temporary absence of the Mayor and Vice-Mayor the remaining Councilmen
shall select a Mayor pro tempore. In the event that there is neither a Mayor nor a Vice-Mayor
sitting on the Council, then the Council shall select a Mayor to serve in that capacity until the
next election. A Mayor or Vice-Mayor designate may refuse such office or once in office may
resign from such office and remain on the Council as a member during his term. (Ord. No.
86-01, ~ 2, 1-7-86; Res. No. 86-06, 3-12-86)
Section 2.05. General Powers of City Council.
All powers of the City shall be vested in the City Council except those powers specifically
given to the Charter Officers or specifically reserved by this Charter to the electors of the City.
Section 2.06. Council-Employee Relationship.
Neither the City Council nor any of its members shall in any manner dictate the appointment
or removal of any City employee except the Charter Officers nor shall the CounCilor any of its
members give orders to any employee other than Council orders to a Charter Officer. The Council
or its members shall deal on all matters through the appropriate Charter Officer.
Section 2.07. Vacancies, Filling of Vacancies.
(a) Vacancies. The office of a councilman shall become vacant in accordance with general
law or if a Councilman is absent from four (4) consecutive regular Council meetings without being
excused by Council prior to the fourth consecutive absence.
(b) Filling of vacancies. A vac~cy on the Council shall be filled by a majority vote of the
remaining members of the Council. Any person appointed by Council to fill a vacancy shall hold
office until the next annual election in the City. If at any time the membership of the Council is
reduced to less than a quorum, the remaining member or members may by majority vote appoint
additional members in conformity with this section or shall call for a special ele1:tion to be held
within sixty (60) days from the date of the vacancy which reduced the Council to less than a
quorum. In the event that all seats on the Council become vacant, thE' Governor shall appoint an
interim Council which shall serve until the next regular election.
Supp. No. 16, 6/89
3
S 2.08
VERa BEACH CODE
Section 2.08. City Council Meetings.
(a) Time and place. The Council shall meet regularly at least once a month at such times and
places as the Council may prescribe by rule. Special meetings may be held at the call of the Mayor,
or, in his absence. at the call of the Vice-Mayor, or at the request of a majority of the Councilmen;
and, whenever practicable, shall provide for not less than twelve (12) hours' notice to each member
and the public. The first meeting of each newly elected Council for induction into office shall be
held at ten o'clock in the morning on the day following the election.
(b) Quorum. A majority of the Council shall constitute a quorum. No action of the Council.
except as provided in Section 2.07 shall be valid unless adopted by the affirmative vote of at least
three (3) members of the Council.
(c) Voting. Voting on ordinances and resolutions shall be by roll call and shall be recorded by
the City Clerk in the journal.
(d) Rules. The Council shall determine its own rules and order of business.
.-Section. 2 09 R9ferel1dml~ Req.ured. .
Unless spceifieally authorized te de sa by enc or mere local binding rcfcrcndum deetions,
the City of Vere Beaeh shall net en b9at119il eVi~9d by or within. the m\lRi~ipal limits of the
-City of VerQ Beach, directly or in.directly; expend tu.-dGU~m-whatever'''5oW'ce:-{local, ~
..state...or.,f.ed~al).on..beach-restoration..that.in.~lves..the.dir-8G~~inc:lire~ent-of'Sa1ld-on .
the beacb except in the amount necessary...to...pI:otect life or property-dUl'~stomlB"-oroth-ef
natural disaster. {ReS-N.0.-S9,.J,.9.,-3..l5.89}
ARTICLE III. CHARTER OFFICERS
Section 3.01. Designation.
The City Manager, City Clerk, and City Attorney are designated Charter Officers.
Section 3.02. Appointment.
The Charter Officers shall be appointed .by the Council and shall serve at the pleasure of the
Council subject to the provisions of Section 3.03 ofthis Article..
Se-etion 3.-93-. - Remo....al.
To remo'le a ChlU'ter Offieer. the-COline" shall adopt a preliminary resolution stating reasons-
fer~tended removal and shall-offer~Qtfiee"'<a&~iu~rapublic hearing--
.~he.-Council-on-the--mattefSraised~.by. the.-r.eSGlutio~This-.prelimin~res6luiion-m8:Y also
..sYs~l'te-~fficer from dut.y-immed..ia-tel-y..wj.th-pay..The Charter Officer myst-accept
the,o#&r~(}f,~pubHe-!leM~aMiI~written response withHrten-(-lO}days-of..the-adGptien-*the
prelim inar-y. resGlutiefH}r-the-resell:ltien-beeomes4inal-at-the"expiration'ofthis-te1r-day per iod WId-
t:fte---Ghaffel'4ttieer-is-termi~cHm=t;h~teMt-~l:tb}ie-hearingis requested it- shall be held-
flo~-elHlier.-.t~wen-iy-+2G}~daY5"'nf)....4aie~thairiftir-t;y...+~~afie~ption of the.
Supp. No. 16,6/89
4
CHARTER
93.04
.preliminary resol u tien. After an~h-pubHG-heal'in,g...gFafter< e{)nsid-eration~of--any--written-
responc;p,.. thp .council_~.lLadopt 11 final resoLution of relUCUlaL.or-le.t-the-preliminuy-resolutiun
.lapse.
Section 3.04. City Manager-Powers and Duties.
The City Manager when ne~essary shall appoint, suspend, demote, or dismiss any City
employee under his jurisdiction in accordance with law and the personnel rules, and may autho-
rize any Department Head to exercise these powers with respect to subordinates in that depart.
Supp. No. 16, 6/89
4.1
CHARTER
S 4.01
ment. The City Manager shall direct and supervise the administration of all departments of the
City except the Offices of City Clerk and City Attorney and shall attend all Council meetings
unless excused by Council and shall have the right to take part in discussions, but not vote. He
shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the Council
subject to enforcement by him are faithfully executed. The City Manager shall also prepare and
submit the annual budget, budget message, and capital program to the Council, and shall keep the
Council fully advised as to the financial condition and future needs of the City, and shall make
such recommendations to the Council concerning the affairs of the City as he deems desirable.
The City Manager shall designate a qualified City employee to exercise the powers and perform
the duties of City Manager during any temporary absence or disability of the City Manager. The
Council may revoke such designation at any time and appoint another eligible person, other than
a currently sitting Councilman, to serve as Acting City Manager.
Section 3.05. City Clerk-Powers and Duties.
The City Clerk shall give notice of all City meetings to the Councilmen and the public as
required by law and shall attend all such meetings in person or by designee and shall keep minutes
of the proceedings. The City Clerk shall authenticate by signature and be custodian of this
Charter, all ordinances, resolutions, and other City documents. and shall perform such other
duties as required by law or by the Council. The City Clerk shall be the supervisor of elections for
the City. The City Clerk when necessary shall appoint, susp~nd, demote, or dismiss any employee
in the Office of the City Clerk in accordance with law and the personnel rules of the City. The City
Clerk shall prepare annual budgets for the operation of the Office of the City Clerk and the City
Council and shall submit these budgets to the City Manager for inclusion in the annual City
budget in accordance with uniform City procedures.
Section 3.06. City Attorney-Powers and Duties.
The City Attorney shall be a member of the Florida Bar and shall be the legal advisor to the
City of Vero Beach. The City Attorney or his designee shall attend all City Council meetings and
perform such professional duties as may be required of him by law or by the Council. The City
Attorney when necessary shall appoint, suspend, demote, or dismiss any employee in the Office of
the City Attorney in accordance with law and the personnel rules of the City. The City Attorney
shall prepare an annual budget for the operation of the Office of the City Attorney and shall
submit this budget to the City Manager for inclusion in the annual City budget in accordance with
uniform City procedures.
ARTICLE IV. ELECTIONS
Section 4.01. Electors.
Any person who is a resident of the City, who has qualified as an elector of this State. and who
registers in the manner prescribed by law shall be an elector of the City.
~nal Printing, 6/82
5
94.02
VERa BEACH CODE
Section 4.02. Nonpartisan Elections.
All elections for the Office of City Councilman shall be conducted on a nonpartisan basis
without any designation of political party affiliation.
Section 4.03. Qualifying.
Candidates for Office of City ,Councilman shall qualify by filing a written notice of candidacy
with the City Clerk at such time and in such manner as may be prescribed by ordinance.
Section 4.04. Form of Ballots.
The City Council shall prescribe the form of the ballot by ordinance including the method of
listing candidates for City C~uncil election. A Charter or ordinance amendment to be voted on by
the electors of the City shall be presented for voting by ballot title. The ballot title of a measure
may differ from its legal title and shall be a clear, concise statement describing the substance of
the measure without argument or prejudice and shall be styled in such a manner that a "yes" vote
will indicate approval of the proposal and a "no" vote will indicate rejection. Below the ballot title
shall appear the following question: "Shall the above [Charter amendment] [ordinance] be
adopted?" Immediately below such question shall appear in the following order, the words "Yes
for Approval'! and also the words "No for Rejection" with a sufficient blank space thereafter for
the placing of the symbol "X" to indicate the voter's choice, if voting machines are not used.
Section 4.05. Schedule and Notice of Elections.
(a) Regular. The regular election of Councilmen shall be held on the second Tuesday in
March of each year. The election of the Councilmen for a term of two (2) years shall be conducted
so that three (3) members shall be elected every even-numbered year and two (2) members shall
be elected every odd-numbered year, and continuing in that order until their successors are
elected and take office. At all elections the candidates receiving the greatest number of votes
corresponding to the number of seats voted upon shall be elected. If there is a tie vote for winner
of a seat the City Council shall make provision at its next meeting for a special runoff election
between the candidates receiving the tie vote to be held within thirty (30) days.
(b) Regular unexpired term. An election to fill an unexpired term shall be held at the same
time as the regular annual election in accordance with paragraph (a) of this section.
(c) Special. Special municipal elections shall be held in the same manner as the regular
annual election except that the City Council, by ordinance, shall fix the time of holding such
special elections.
(d) Public notice. All elections held pursuant to this Charter shall have at least thirty (30)
days' notice of election or referendum by publication in a local newspaper. The publication shall
be made at least twice, once in the fifth week and once in the third week prior to the week in which
the election or referendum is to be held.
Section 4.06. City Canvassing Board.
The City Canvassing Board shall be composed of the Charter Officers and the City Attorney
shall act as Chairman. At the close of the polls of any City election, or as soon thereafter as
Original Printing. 6/82
6
CHARTER
9 5.05
practicable, the Board shall meet at a place and time designated by the Chairm_an and shall
proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as
shown by the returns then on file in the Office of the Supervisor of City Elections. The Board shall
prepare and sign a certificate containing the total number of votes cast for each person or other
measure voted on. The certificate shall be placed on file with the City Clerk.
Section 4.07. Recall.
Any member of the City Council may be removed from office by the electors of the City
following the procedures for recall established by general law.
ARTICLE V. GENERAL PROVISIONS
Section 5.01. Charter Amendments.
This Charter may De amended in accordance-with the provisions for Charter Amendments as
specified in the Municipal Home Rure Powers Act, Chapter 166, Florida Statutes. or its successor.
The form, content, and' certification of any petition to amend shall be established by ordinance.
Section 5.02. Oath of Officers.
After election or appointment and before taking office each Councilman or Charter Officer of
the City shall swear or affirm:
"I do solemnly swear (or affirm) that I will support. honor, protect, and defend the Constitu-
tion and Government of the United States and of the State of Florida; that I am duly
qualified to hold office under the Ctmstitution of the State and under the Charter of the City
of Vero Beach; and that I will well and faithfully perform the duties of (title of office) on
which I am now about to enter so help me God."
SeetwB 5.03. LimitatioD on Employment or Councilmen.
No Cauneilman shall be employe~e-Ci-~nor shall a former Ceuncilman be employed by
the City until after the-expiratkm-of.-one--yeaF-from-thetime'oHeaving-offiee.
Section 5.04. Budget Adoption.
The Council shall adopt an annual budget for the City by ordinance before October 1 of each
year. An ordinance adopting an annual budget shall constitute appropriations of the amounts
specified as expenditures from the funds indicated and shall constitute a levy of the property tax
proposed.
-SeGtion"5-.050-<bim-itati6n-on-Miena-ti6n-of-€ity~Owned Real Property.
fa}--E*eept--as-pravided--in-subsection-{b),the-follewing parks- and. public lands- may-net-be-
wld,..leased,traded,eE-g4.venawEW-.&y4he--Gity.tmless-stl~ale, lease, trade. or gift is appro~ eJ lJy-a
-vote of the-el-eetors of the-fjit-y-&f-V~eh.....Tche-propertiesare. as-follows:
Supp. No. 22, 8/91
7
S 5.05(a)( 1)
VERa BEACH CODE
(1) Paeahontas Park;
. (2) Humiston Beaeh Park;
(2) Jayeee Beach Park;
(4) South Beaeh Park;
-(()) MacV/illiam Park~
(6) Ri...eraide Park;
f7) Memorial Island Park;
(8) ~I'gy Moody Park;
(9) Municipal Marina;
(10) Young Park;
(11) Bob ~1:lm.mer8 Park; .
+12) .'-ny parks acquircd aftcr May 1, 1082.
(b) The fgregoi:Ag properties may be leuea without a retQr8:AQUm o:Aly for a public or ci'.ric
purpQse whkh also llenres a recreational, artililtic, or cultwal purpose, including incidental
concessio:Alil (Res No 8606,:3 12 86; Res No. 88 53, 101888)
A
.SeetioR. 9.06. Zoning Limitations.
The building height limitatio:AS and QB:Asity 19':91& elrlsting ia th9 "Zemag Ordinance of
.the-Cit-y-Of....:v.er.().-Bea{:h,Flgri.Q~on.August...15,1989,. shall-not..be-increased. by-action-ofihe
City COlmdl unless sUl;:h increaSe shallluwe-frrst been approved by the elector.s-of-the--Cityof-
V cro Beach, Florida, at a rcfcrcndum proposing such a building height or density le':el in-
crease. COrd. No, 89 57, ~ 2, 8-15-89f-.
ARTICLE VI. TRANSITION SCHEDULE
Section 6.01. Repeal of Former Charter Provisions.
All Charter provisions in effect prior to the effective date of this Charter, including, but not
limited to, those contained in Chapter 27943, Special Acts, Laws of Florida 1951, are repealed
except those provisions which established the municipal corporation known as the City of Vero
Beach.
Section 6.02. Ordinances Preserved.
All ordinances in force on the effective date of this Charter, to the extent not inconsistent
with it. shall remain in force until repealed or amended.
Supp. No. 22, 8/91
8
CHARTER
S 6.05
Section 6.03. Continuation in Office.
(a) Councilmen. Councilmen shall continue to hold their offices for the term to which they
were elected or appointed and to discharge their duties until their successors are elected and take
office.
(b) Mayor. Notwithstanding the provisions of Section 2.04. for the first year after the March,
1982. General Election, the Coun~ilman who was Vice-Mayor immediately preceding that general
election shall become Mayor.
Section 6.04. Pending Matters.
No rights, claims, actions, contracts, or legal or administrative proceedings existing on the
effective date of this Charter and involving the City shall be affected by the adoption of this
Charter. including the number of intoxicating beverage licenses which the City may be presently
allowed by law.
Section 6.05. Effective Date.
This Charter shall become effective on May 1, 1982, except that Section 6.03(b) shall become
effective immediately on becoming law.
\1)
~O ~att
Supp. No. 22, 8/91
9