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HomeMy WebLinkAboutAgenda Council Agenda 110702 work shop City of Palm Beach Gardens Council Workshop Agenda November 7, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Mayor Jablin Council Member Russo Vice Mayor Sabatello Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING November 7, 2002 5:30 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS / PRESENTATIONS: a.LaRue Management Î Charter Review/Referendum b. Charter Review Committee Status. IV. ITEMS FOR DISCUSSION: a. LaRue Management Î Charter Review/Referendum. b. Charter Review Committee Status. V. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City ClerkÓs Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Proposed Charter Changes FY 2002/2003 Revise and render charter gender neutral X X Section 2-1 Boundaries X Delete obsolete legal description X X Section 4-2 Oath of Office X Provide that the Oath of Office be administered by the City Clerk at new memberÓs first X meeting & that said oath be that which is prescribed by law. Section 4-3 Organization meeting X Change ÐappointÑ to ÐelectÑ for consistency & provide that in years where there is no X election, the organizational meeting be held during the second meeting in March. Section 4-4 Vacancy X Requires Council to fill a vacancy until an election can be held; clarifies that the new member shall be appointed by a majority of X remaining Councilmembers; provides procedures for a vacancy in candidacy caused by death, withdrawal or removal. Section 4-5 CompensationÈ X Existing language from Section 8-2 X renumbered Section 5-2 Specific Powers X Delete obsolete language X Section 6-1 City Manager X Delete obsolete language; clarification of X duties Remove City Manager residency requirement X Allow Council to appoint a person to act in ManagerÓs place should Manager become X physically or mentally disabled & not able to perform duties Allow Manager to execute contracts on behalf of the City to the extent authorized by X ordinance or purchasing procedures Provide that Department Heads be appointed and removed solely by Manager; Place City X Engineer under the direction of the Manager Amend language to more clearly delineate the role of Council in Council/Manager form of X government Section 6-2 City Attorney X Change ÐappointÑ to ÐhireÑ for consistency X Add language to provide that in the event Council or Manager appoints special counsel to serve as legal advisors, the Attorney would X be permitted to make a recommendation as to such appointment Section 7-2 Personnel System X Remove Personnel System from Charter to X provide for approval by the Manager Section 8-1 SalaryÈ. X Delete obsolete language Section 8-2 Compensation..Mayor & X Council Renumbered as Section 4-5 X Section 9-1 Powers and Duties of the Mayor X Amend to conform to Council-Manager form of X government Section 9-2 Powers and Duties of the City X Clerk Amend to conform to Council-Manager form of X government Amend to reflect ClerkÓs duties with respect to X City records are governed by statute Section 9-3 Powers and Duties of the City X Treasurer Delete obsolete language X Section 10-1 X Add new language defining circumstances under which a Councilmember should be X removed Section 10-2 Incumbent OfficerÈ X Delete obsolete language X Article XII: Creation of City OfficesÈ X Delete in its entirety Î obsolete language X Section 12-2 Bonds of Employees X Delete obsolete language X Article XVII: Elections X Delete in its entirety Î these matters are X X governed by Florida Election Code Article XVIII: Ordinances and Resolutions X Delete obsolete language Î procedures set X X forth in Florida Statutes Section 18-4 PostingÈof Ordinances X Incorporate into ClerkÓs duties X Section 18-5 Franchises X Remain intact and renumber X Proposed Code Changes FY 2002/2003 Chapter 2 Section 2-58 Notice requirements of special and X workshop meetings Delete obsolete language X Section 2-82 Establishment of boards X Clarification of section X Section 2-86 Role of council liaisons X Amend to conform to Council-Manager form of X government Section 2-87 Officers X To conform with Section 2-86 & delete obsolete X language Section 2-88 Vacancies X Clarification of section X Section 2-89 Removal of members X To conform with Section 2-86 & clarification of section X Section 2-90 Organization, procedures X Delete obsolete language X Section 2-91 Clerical/technical support X Clarification of section X Section 2-92 Candidates for public office X Clarification of section X Section 2-293 Appropriations X Delete obsolete language not necessary by ordinance X Section 2-294 Bidding threshold X Delete obsolete language not necessary by ordinance X Section 2-302 Professional services advisory X committee Delete entire section X Section 2-303 Professional services X Delete entire section X Section 2-304 Design-build contracts X Delete entire section X Section 2-311 Investment policy X Amend language to provide for adoption of investment policy by Resolution, meeting the requirements of X Florida Statutes Chapter 3 Articles 1 Î10, Sections 3-1 through 3-105 X Delete Articles 1-10, Sections 3-1 through 3-105 Î this X is an administrative function, not a legislative function CHARTER CHANGES Page 1 Section 2-1 Boundaries Page 2 Section 4-2 Oath of Office Page 3 Section 4-3 Organization meeting; election of mayor and vice-mayor Page 4 Section 4-4 Organization Meeting; Election Of Mayor And Vice Mayor. Page 5 Section 4-5 Compensation of Mayor and Councilmembers Page 6 Section 5-2 Specific Powers Page 10 Section 6-1 City Manager Page 13 Section 6-2 City Attorney Page 14 Section 7-2 Personnel System Page 15 Section 8-1 Salary, Duties, Powers and Complaint Page 16 Section 8-2 Compensation of Mayor Page 17 Section 9-1 Powers and Duties of the Mayor Page 18 Section 9-2 Powers and Duties of the City Clerk Page 19 Section 9-3 Powers and Duties of the City Treasurer Page 20 Section 10-1 Procedure Page 21 Section 10-2 Incumbent Officer to Turn Over Records to S Page 22 Section 12-1 Creation of Offices Page 23 Section 12-2 Bonds of Employees Page 24 Section 17-1 Regulation by Ordinance Page 25 Section 17-2 Qualification of Electors Page 26 Section 18-1 Meeting and Procedure of City Council Page 28 Section 18-2 Reserved Page 29 Section 18-4 Posting or Publication of Ordinances Page 30 Section 18-5 Franchises CODE CHANGES Page 31 Section 2-58 Notice requirements of special and workshop meetings Page 32 Section 2-82 Establishment of boards Page 33 Section 2-86 Role of Council Liaisons Page 34 Section 2-87 Officers Page 35 Section 2-88 Vacancies Page 36 Section 2-89 Removal of members Page 37 Section 2-90 Organization, procedures Page 38 Section 2-91 Clerical/technical support Page 39 Section 2-92 Candidates for public office Page 40 Section 2-293 Appropriations Page 42 Section 2-294 Bidding threshold Page 43 Section 2-302 Professional services advisory committee Page 45 Section 2-303 Professional Services Page 48 Section 2-304 Design-build contracts Page 50 Section 2-311 Investment policy Page 53 Delete articles 1-10, section 3-1 through 3-105 Î This is an administrative function, not a legislative function. CHARTER REVIEW CHANGES Section 2-1. 1. CURRENT VERSION: BOUNDARIES. That the territorial limits, boundary lines and area of the City of Palm Beach Gardens, Palm Beach County, Florida, a municipal corporation organized and existing under the laws of the State of Florida be and the same are defined, fixed, determined and established as follows: Commencing at the quarter section corner in the north line of Section 19, Township 42 South, Range 43 East, Palm Beach County, Florida; thence easterly, along the north line of said Section 19, a distance of 331.80 feet to a point, thence southerly, making an angle with the preceding course of 90 degrees, 02 minutes, 10 seconds when measured from west to south, a distance of 75.00 feet to the point of beginning of the lands to be herein described; Section 2-1. 2. PROPOSED REVISION: BOUNDARIES. The municipal boundaries of the City of Palm Beach Gardens have been established by act of the legislature and municipal annexation and contraction. The boundaries of the City are depicted on the official zoning map of the City of Palm Beach Gardens, which is adopted by ordinance and is on file in the City Clerk's Office. LEGAL DESCRIPTION DELETED 3. PURPOSE OF CHANGE: To delete obsolete legal description. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 1 1. Section 4-2. Oath of office. CURRENT VERSION: Each person appointed or elected as a member of the city council of said municipality, before entering upon the discharge of the duties of the office, shall take and subscribe the following oath before some officer authorized to administer oaths under the laws of the State of Florida: "I do solemnly swear (or affirm) that I will support and protect and defend the Constitution and government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same; and that I am entitled to hold office under the Constitution and Laws of the State of Florida, and that I will faithfully perform all the duties of the office of Councilman of the City of Palm Beach Gardens, Florida, upon which I am about to enter, so help me God." 2. Section 4-2. Oath of office PROPOSED REVISION; Each person appointed or elected as a member of the city council of said municipality, before entering upon the discharge of the duties of the office, shall take the oath as prescribed by general law before some officer authorized to administer oaths under the laws of the State of Florida: 3. PURPOSE OF CHANGE: Changes made in Florida State Statue 350.05 ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 2 5. CURRENT VERSION: SECTION 4-3 ORGANIZATION MEETING; ELECTION OF MAYOR AND VICE MAYOR. The members of the city council elected pursuant to this article shall meet for organization immediately following their qualification on the next regularly scheduled meeting of the city council following the date of their election and at said meeting the city council shall, by resolution, appoint one member a mayor and another a vice-mayor of the city, each of whom shall hold such office for a term of one year and until his successor shall be appointed and qualified. 6. PROPOSED REVISION; SECTION 4-3 ORGANIZATION MEETING; ELECTION MAYOR AND VICE MAYOR. The members of the city council elected pursuant to this article shall meet for organization immediately following their qualification on the next regularly scheduled meeting of the city council following the date of their election and at said meeting the city council shall, elect by resolution, appoint one member a mayor and another a vice-mayor of the city, each of whom shall hold such office for a term of one year and until his successor shall be appointed and qualified. 7. PURPOSE OF CHANGE: In years where there is no election, the organizational meeting will be held during the second meeting in March. ADMINISTRATIVE 8. RECOMMENDATION: REFERENDUM X 3 CURRENT VERSION: Section 4-4. Vacancy In the event of death, disability, resignation or removal of any member of the city council, such vacancy may be filled by the appointment of a temporary new councilman by the remaining members of the city council, until an election can be held to fill such vacancy. Such election shall be held within sixty (60) days after the death, disability, resignation or removal of a councilman, unless a general election of the City of Palm Beach Gardens shall be held within one hundred eighty (180) days thereafter, whereupon, such election shall be combined with said general election. The person elected to fill the vacancy created by the death, disability, resignation or removal of a member of the city council shall serve in office for the remainder of the designated term of the member of the city council who died, became disabled, resigned or was removed, as set forth herein. The date of any special election shall be fixed by the city council. In the event the governor of the State of Florida, or any other governmental agency, shall suspend any member of the city council in accordance with law, the remaining members of the city council forthwith upon such suspension order being received in writing shall appoint a temporary, new councilman to fill such temporary vacancy created by the suspension. The appointee thereto shall serve until such time as the suspension shall be terminated; provided, however, in the event the regular term of office of the suspended councilman shall regularly expire during the period of suspension, such council seat shall be filled at the regularly scheduled election. If such suspended councilman shall be later removed from accordance with law then such councilman shall be replaced in accordance with the office in foregoing provisions pertaining to removal. 1. Section 4-4. Vacancy PROPOSED REVISION; In the event of death, disability, resignation or removal of any member of the city council, such vacancy may be shall be filled by the appointment of a temporary new councilman by the remaining members of the city council, until an election can be held to fill such vacancy. Such election shall be held within sixty (60) days after the death, disability, resignation or removal of a councilman, unless a general election of the City of Palm Beach Gardens shall be held within one hundred eighty (180) days thereafter, whereupon, such election shall be combined with said general election. The person elected to fill the vacancy created by the death, disability, resignation or removal of a member of the city council shall serve in office for the remainder of the designated term of the member of the city council who died, became disabled, resigned or was removed, as set forth herein. The date of any special election shall be fixed by the city council. In the event the governor of the State of Florida, or any other governmental agency, shall suspend any member of the city council in accordance with law, the remaining members of the city council forthwith upon such suspension order being received in writing shall appoint a temporary, new councilman to fill such temporary vacancy created by the suspension. The appointee thereto shall serve until such time as the suspension shall be terminated; provided, however, in the event the regular term of office of the suspended councilman shall regularly expire during the period of suspension, such council seat shall be filled at the regularly scheduled election. If such suspended councilman shall be later removed from office in accordance with law then such councilman shall be replaced in accordance with the foregoing provisions pertaining to removal. 2. PURPOSE OF CHANGE: Requires Council to fill a vacancy until an election can be held; clarifies the new member shall be appointed by majority of Councilmembers; provides procedures for a vacancy in candidacy caused by death, withdrawal or removal. ADMINISTRATIVE 3. RECOMMENDATION: REFERENDUM X 4 1. CURRENT VERSION: SECTION 4-5. COMPENSATION OF MAYOR AND COUNCIL MEMBERS. The salaries of the mayor and council members shall be fixed by ordinance, provided, however, that the council shall not raise the salaries of the city council or the mayor during any fiscal year in which the ordinance raising salaries is adopted, but it may raise or lower salaries of all members of future councils, to take effect during the fiscal year following the adoption of an ordinance to that effect 2. PROPOSED REVISION: SECTION 4-5. (RE-NUMBERED - OLD 8-2) COMPENSATION OF MAYOR AND COUNCIL MEMBERS. The salaries of the mayor and council members shall be fixed by ordinance, provided, however, that the council shall not raise the salaries of the city council or the mayor during any fiscal year in which the ordinance raising salaries is adopted, but it may raise or lower salaries of all members of future councils, to take effect during the fiscal year following the adoption of an ordinance to that effect. State law references: Procedure for filling vacancies required, F.S. § 166.031(6). 3. PURPOSE OF CHANGE: Existing language remains. Section re-numbered from 8-2 ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 5 CURRENT VERSION: SECTION 5-2 SPECIFIC POWERS The municipality hereby established shall have power: (1) To license, regulate and control persons, firms, associations and corporations conducting, carrying on or engaged in any business, occupation or profession within the territorial limits of the city and the amount of such licenses and shall not be dependent upon general state revenue law. (2) To borrow money temporarily in the name of the city in an amount not exceeding the ad valorem taxes to be collected in any one year. (3) To borrow money temporarily in the name of the city during the construction of any public work or improvements, on account of which assessments for benefits are authorized to be made and collected, to an amount not exceeding one hundred (100) percent of the cost of any such work or improvements. To assess property owners for any public improvements made which specially benefits such property by assessing costs and expenses prorated for such improvements. (4) To provide for street lighting, fire hydrants, garbage collection, sanitary sewer collection and disposal, and for any other municipal or public service, and to build, construct, acquire, own, maintain, operate and lease all structures, land and other equipment necessary therefor except as otherwise provided herein. (5) To regulate and control the use of any public park, street, road or highway within the territorial limits of said city by any municipality, corporation, firm or individual using any such public street, road or highway for the conduct of gas or water or for telephone or electric light or power poles, lines, subways or conduits or for any other public utility or service. (6) To prohibit and abate nuisances (7) To prohibit, regulate and license the manufacture, sale, storage, keeping or use of any inflammable, explosive or highly combustible material, thing, substance or compound. (8) To establish a health department and adopt sanitary regulations and ordinances (9) To protect life and property (10) To prevent drunkenness, vice and immorality (11) To preserve the public peace (12) To fix penalties to be imposed upon offenders in conviction of violating any of the ordinances of the city; provided, however, that no penalty shall exceed a fine of five hundred dollars ($500.00), or imprisonment in the city jail or perform labor on the streets or other work of the city for a period not exceeding ninety (90) days, or both such fine and imprisonment. (13) To establish, regulate and maintain a fire department and a system of fire protection (14) To establish, regulate and maintain a police department (15) To lay out, open and maintain public streets, roads, parks or other public places, and to cause any public street, road, highway or alley to be vacated, widened, extended or otherwise changed as to its boundaries or location; and to acquire the necessary lands for any purpose, and to require, if the council shall so determine, that any person, firm or corporation subdividing land shall put in and construct streets, sidewalks, water mains or other utilities according to the city specifications before the plat thereof shall be approved by the city council, which such specifications shall equal or exceed existing County of Palm Beach specifications for similar plats. (16) To cause sanitary and storm sewers and drains to be constructed and maintained together with sewage disposal and treatment plants. (17) To regulate traffic, the speed of motor vehicles, and the use thereof 6 (18) To construct wharves, docks and piers; regulate the speed of boats and watercraft; regulate wharfage, dockage, mooring and anchorage of boats and watercraft; construct bridges, establish ferries and fix the rates of ferriage and tolls; erect all necessary public buildings and public works and control and dispose of the same as the interests of the city may require; to establish bulkhead lines upon all waters within the city, and to adopt ordinances regulating or prohibiting filling of submerged lands outside of such bulkhead lines, which such lines so established shall govern over lines established by any other governmental body of the State of Florida; and to do and perform all other act or acts as shall seem necessary and best adapted to the improvement and general interest of the city. (19) To maintain any or all of its public buildings or works outside the municipal limits of the city. (20) To enter into contracts with other municipalities or governmental entities providing for the exercise of any corporate or governmental function; and to cooperate with any other municipality, public corporation or governmental unit in the discharge of its corporate functions (21) To establish a building code, electrical code and plumbing code and provide for the issuance of building permits. (22) To provide regulations and restrictions governing the height, number of stories, construction and size of buildings and other structures, the percentage and portion of a lot that may be occupied, the size of yards, courts, and other open spaces, and the location and use of buildings, structures and land for trade, industry, residences, apartment houses and other purposes. Such regulations may provide for a board of appeals to determine and vary their application in harmony with their general purpose and intent and in accordance with the general provisions of the ordinances; and may also, by a zoning ordinance, regulate buildings and structures according to their construction and the nature and extent of their use and the use of lands therein. All such regulations shall be uniform for each class or kind of buildings or other structures throughout each district, but the regulations in one district may differ from those in other districts, and all such regulations shall be made in accordance with a comprehensive plan and design for one or more of the following purposes: To lessen congestion in the streets, to secure safety from fire, panic and other dangers; to promote health, morals or the general welfare; to provide adequate light and air; to prevent the overcrowding of land or buildings; and to avoid undue concentration of population. Such regulations shall be made with reasonable consideration, among other things, to aesthetics, to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land throughout such municipality. To provide by ordinance for the adoption of a city plan, creation of a city planning and zoning commission and the appointment of the members thereof by resolution. The council shall by ordinance prescribe the duties of the city planning and zoning commission, enact ordinances for the enforcement of the recommendations of the board and prescribe penalties for their violation. (23) To employ all persons necessary for the successful operation of said city and to fix the amount of compensation to be paid to such employees and prescribe the amount and condition of any bond or bonds executed by any employee. (24) Except as otherwise provided herein, to have all the powers and privileges granted to municipalities under the general laws of the State of Florida. (25) To regulate the use of recreational facilities owned by the city, to charge a reasonable fee for the use thereof, or to restrict the use thereof to property owners in or residents of said city when permitted by general law or the constitution of the State of Florida. 7 (26) To acquire by purchase, gift, devise, condemnation or otherwise, property real or personal, or any real estate or interest therein, within or without the city and for any of the general purposes or operation of the city when public need or convenience may require same, and to improve, sell, lease, mortgage, pledge or otherwise dispose of the same or any part thereof. (27) To fill in all low ground in the city and compel owners of low ground in the city to fill the same up to an established grade so as to prevent the breeding of mosquitoes or the spread of disease. (28) To compel owners of land or riparian rights within the city to remove therefrom all brush, weeds, obnoxious growth of any kind, filth, garbage, trash, debris, decayed buildings or docks in a falling or dangerous condition or the city may do the same and the amount expended therefor shall be a lien against said property and may be enforced by the municipality. (29) To create a publicity fund which shall be expended for the purpose of advertising the resources and attractions of the city, of aiding and assisting in the work of any organization created by the city council or by others for the advancement of the interests of the city, of encouraging and assisting any public fair or exhibition in the city and of aiding and assisting a band within the city. (30) To establish and maintain a public library and reading room and to erect or purchase and maintain a building therefor. (31) To establish, impose and enforce water rates and rates and charges for gas, electricity and all other public utilities or other service, or conveniences, operated, rendered or furnished by the city, and to enact ordinances for the correction of abuses and to prevent unjust discrimination and excessive charges by persons and corporations engaged as common carriers in transporting persons and property or performing other services of a public nature within the city, provided, no franchise term shall exceed thirty (30) years, and no regulatory power shall be exercised by the city with respect to any utility or service regulated by the Florida Public Utilities Commission or state regulatory agencies. Contracts, however, between the City of Palm Beach Gardens and public utilities companies fixing rates shall be legal and enforceable contracts. (32) To have the power of eminent domain, including but not limited to, the power to purchase, construct, own, maintain, operate, lease or acquire by eminent domain all local public utilities, including transportation facilities, public off-street vehicular parking lots and buildings, electric light works, water supply and distribution systems, and sanitary sewage collection and treatment systems, illuminating or fuel gas sales and distribution systems. (33) To declare that all territory embraced within the corporate limits of said city shall be a bird sanctuary and to adopt all ordinances necessary to carry this power into effect. (34) The enumeration of particular powers in this Charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise hereof, said City of Palm Beach Gardens shall have and may exercise all other powers which are now, or may hereafter be possessed or enjoyed by cities under the Constitution and general laws of this state, and all of the powers of said city, whether expressed or implied, shall be exercised and embraced in the manner prescribed in this Charter, or, when not so prescribed, then in such manner as may be prescribed by ordinance or resolution of the council. 8 2. PROPOSED REVISION: SECTION 5-2. SPECIFIC POWERS. The City shall have all home rule powers of a municipality under the Constitution and laws of the State of Florida. The City shall have all governmental, corporate, and propriety powers as necessary to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal government purposes unless expressly prohibited by law. The powers of the City shall be liberally construed in favor of the City. 2. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 9 1. CURRENT VERSION: SECTION 6-1 CITY MANAGER (a) The city council, by a majority vote of its membership, shall appoint a city manager who shall serve at the pleasure of the city council. The city manager shall be appointed on the basis of executive and administrative qualifications as established by the council. The city manager need not be a resident of the city at the time of appointment, however, must be a resident within one year following the appointment. The compensation and benefits of the city manager shall be as determined by the city council. The city council shall annually review the managerÓs performance. The city manager shall designate in writing, filed with the clerk, an individual who shall perform the duties of the city manager during his/her temporary absence. (b) The city manager shall be the administrative head of the municipal government under the laws and Charter of the city responsible to the city council for the administration of all city affairs and employees placed in the managerÓs charge by or under this Charter or city ordinances. In the event of his/her absence or disability, the city manager may designate an employee or other charter officer as the acting city manager limited to the time of the managerÓs absence or disability. (c) The city manager shall be responsible to the city council for the proper administration of all affairs of the city coming under his/her jurisdiction, and to that end the city mangerÓs powers and duties include: 1. To see that the laws and ordinances are enforce. 2. Prepare and submit an annual budget to the city council for its consideration. 3. To attend all meetings of the city council with right to take part in the discussion but without having a vote. 4. To recommend to the council for adoption such measures, as he/she may deem necessary or expedient in the interest of the city. To keep the city council fully advised as to the financial condition and needs of the city and to submit for its consideration and annual budget. 5. To appoint all department heads subject to confirmation by the city council; to employ and remove all other employees of the city. Provided further, however, that the city attorney, city engineer and city auditor shall be appointed and removed in the sole discretion of the city council with such appointments and removals being based upon merit and fitness alone. 6. To make such reports as the city council may require concerning the operations of the city departments. 7. To perform such other duties as may be specified in this charter, by law, or as the city council may prescribe. 8. To retain such specialized professional services as may be necessary to effectively and efficiently conduct the cityÓs affairs in accordance with state and local laws. (d) No member of the city council shall dictate the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent him/her from exercising his/her own judgment in the appointment of officers and employees in the administrative service. The council and its members shall deal with city employees solely through the city manager. 10 (e) The city council may suspend or remove the city manager by resolution approved by a majority of the total membership of the city council. The resolution shall set forth the reasons for suspension or removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have ten calendar days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than 15 days after such hearing is requested. After the public hearing, if one was requested, the city council by a majority vote of its membership may adopt a final resolution of removal. The city manager shall continue to receive full salary and benefits until the effective date of the resolution of removal. (f) By letter or memorandum filed with the city clerk, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the managerÓs absence or disability. The city council may revoke such designation at any time and appoint another officer or employee of the city to serve until the city manager returns. 2. PROPOSED REVISION: SECTION 6-1. CITY MANAGER (a) The city council, by a majority vote of its membership, shall appoint a city manager who shall serve at the pleasure of the city council. The city manager shall be appointed on the basis of executive and administrative qualifications as established by the council. The city manager need not be a resident of the city at the time of appointment, however, must be a resident within one year following the appointment. The compensation and benefits of the city manager shall be as determined by the city council. The city council shall annually review the managerÓs performance. The city manager shall designate in writing, filed with the clerk, an individual who shall perform the duties of the city manager during his/her temporary absence. (b) The city manager shall be the administrative head of the municipal government under the laws and Charter of the city responsible to the city council for the administration of all city affairs and employees placed in the managerÓs charge by or under this Charter or city ordinances. In the event of his/her absence or disability, the city manager may designate an employee or other charter officer as the acting city manager limited to the time of the managerÓs absence or disability. (c) The city manager shall be responsible to the city council for the proper administration of all affairs of the city coming under his/her jurisdiction, and to that end the city mangerÓs powers and duties include: 1. To see that the laws and ordinances are enforce. 2. To prepare and submit an annual budget to the city council for its consideration. 3. To attend all meetings of the city council with right to take part in the discussion but without having a vote. 4. To recommend to the council for adoption such measures, as he/she may deem necessary or expedient in the interest of the city. To keep the city council fully advised as to the financial condition and needs of the city and to submit for its consideration and annual budget. 5. To appoint and remove all department heads subject to confirmation by the city council; to employ and remove all other employees of the city. Provided further, however, 11 that the city attorney, city engineer and city auditor shall be appointed and removed in the sole discretion of the city council with such appointments and removals being based upon merit and fitness alone. Execute contracts as authorized by council or by purchasing Ordinance. 6. To make such reports as the city council may require concerning the operations of the city departments. 7. To perform such other duties as may be specified in this charter, by law, or as the city council may prescribe. 8. To retain such specialized professional services as may be necessary to effectively and efficiently conduct the cityÓs affairs in accordance with state and local laws. (d) No member of the city council shall dictate the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent him/her from exercising his/her own judgment in the appointment of officers and employees in the administrative service. The council and its members shall deal with city employees solely through the city manager. (e) The city council may suspend or remove the city manager by resolution approved by a majority of the total membership of the city council. The resolution shall set forth the reasons for suspension or removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have ten calendar days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than 15 days after such hearing is requested. After the public hearing, if one was requested, the city council by a majority vote of its membership may adopt a final resolution of removal. The city manager shall continue to receive full salary and benefits until the effective date of the resolution of removal. (f) By letter or memorandum filed with the city clerk, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the managerÓs absence or disability. The city council may revoke such designation at any time and appoint another officer or employee of the city to serve until the city manager returns. (Ord. No. 9, 1996, § 3, 7-27-96) 3, PURPOSE OF CHANGE: Delete obsolete language; clarification of duties. Remove City Manager residency requirements. Allow Council to appoint a person to act in MangerÓs place should Manager become physically or mentally disabled & not able to perform duties. Amend language to more clearly delineate the role of Council/Manager form of government. ADMINISTRATIVEREFERENDUM 4. RECOMMENDATION: X 12 1. CURRENT VERSION: SECTION 6-2. CITY ATTORNEY. (a) The city council, by a majority vote of its membership, shall appoint a city attorney. The compensation and benefits of the city attorney shall be as determined by the city council. The city may appoint a firm or an individual to serve as the city attorney. (b) The city attorney shall be the chief legal officer of the city responsible for all legal affairs of the city, and shall serve as chief legal advisor to the city council, the city manager, the city's departments and such boards or committees as are placed in the city attorney's charge by the city council or the city manager. The city attorney's powers and duties shall include: 1. Preparing or reviewing as to form and legal sufficiency all contracts, resolutions, ordinances or other documents of the city. 2. Appointing such assistant city attorneys to perform the duties of his office as may be approved by the city manager. 3. Prosecuting and defending all legal or administrative law actions wherein the city is a party. 4. Performing such other legal services as may be requested by the city council or the city manager. 5. Performing such other duties as may be required by state law, this charter or ordinance. The city council or the city manager may also appoint one or more special counsel to serve as legal advisors to the city council, the city manager and city departments, officers and agencies with respect to specific legal proceedings or matters to conduct city affairs in an efficient manner in accordance with state law, this charter or ordinance of the city. 3. PROPOSED REVISION: SECTION 6-2. CITY ATTORNEY. (a) The city council, by a majority vote of its membership, shall appoint a city attorney. The compensation and benefits of the city attorney shall be as determined by the city council. The city may appoint a firm or an individual to serve as the city attorney. (b) The city attorney shall be the chief legal officer of the city responsible for all legal affairs of the city, and shall serve as chief legal advisor to the city council, the city manager, the city's departments and such boards or committees as are placed in the city attorney's charge by the city council or the city manager. The city attorney's powers and duties shall include: 1.-- Preparing or reviewing as to form and legal sufficiency all contracts, resolutions, ordinances or other documents of the city. 2.-- Appointing such assistant city attorneys to perform the duties of his office as may be approved by the city manager. 3.-- Prosecuting and defending all legal or administrative law actions wherein the city is a party. 4.-- Performing such other legal services as may be requested by the city council or the city manager. 5.-- Performing such other duties as may be required by state law, this charter or ordinance. The city council or the city manager may also appointhire one or more special counsel to serve as legal advisors to the city council, the city manager and city departments, officers and agencies with respect to specific legal proceedings or matters to conduct city affairs in an efficient manner in accordance with state law, this charter or ordinance of the city. (Ord. No. 9, 1996, § 3, 7-27-96) 3. PURPOSE OF CHANGE: Change appoint to hire for consistency Add language to provide that in the event Council or Manager appoints special counsel to serve as legal advisors, the Attorney would be permitted to make a recommendation as to such appointment. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 13 1.CURRENT VERSION: SECTION 7-2 PERSONNEL SYSTEM Consistent with all applicant federal and state laws, the city council shall provide by ordinance for the creation, regulation and maintenance of a personnel system with established procedures and policies including, but not limited to, appointments, classification and pay plans, promotions, force reduction, removals, working conditions, grievances, relationships with employee organizations and other policies and procedures necessary to the administration of the city personnel system. 2. PROPOSED REVISION: SECTION 7-2 PERSONNEL SYSTEM. Consistent with all applicant federal and state laws, the city councilManager shall provide by ordinance provide for the creation, regulation and maintenance of a personnel system with established procedures and policies including, but not limited to, appointments, classification and pay plans, promotions, force reduction, removals, working conditions, grievances, relationships with employee organizations and other policies and procedures necessary to the administration of the city personnel system. (Ord. No. 9, 1996, § 4, 7-27-96) 3. PURPOSE OF CHANGE: Enable the City Manager to amend personnel rules without adopting all changes by Ordinance. ADMINISTRATIVEREFERENDUM 4. RECOMMENDATION: X 14 1. CURRENT VERSION: SECTION 8-1 SALARY, DUTIES, POWERS AND COMPLAINT. The city manager shall establish such departments and appoint such department heads as are necessary to the efficient management of the city. The head of each department in the city government shall have governmental supervision of such department and shall see that the subordinate officers and employees in such department comply with and enforce all ordinances, laws and rules relating to the powers and duties of each department. All complaints to any department head concerning the failure of that department or any of its officers or employees to comply with or enforce any ordinance, law or rule of the city shall be in writing and signed by the complainant. It shall then be the duty of that department head to investigate the complaint and make a report of his/her findings and recommendations to the city manager within fifteen (15) days thereafter or within such longer period of time as the city manager may grant for good cause shown. Any conflict of powers or duties between departments shall be resolved by the city manager. 2. PROPOSED REVISION: SECTION 8-1. SALARY, DUTIES, POWERS AND COMPLAINT. The city manager shall establish such departments and appoint such department heads as are necessary to the efficient management of the city. The head of each department in the city government shall have governmental supervision of such department and shall see that the subordinate officers and employees in such department comply with and enforce all ordinances, laws and rules relating to the powers and duties of each department. All complaints to any department head concerning the failure of that department or any of its officers or employees to comply with or enforce any ordinance, law or rule of the city shall be in writing and signed by the complainant. It shall then be the duty of that department head to investigate the complaint and make a report of his/her findings and recommendations to the city manager within fifteen (15) days thereafter or within such longer period of time as the city manager may grant for good cause shown. Any conflict of powers or duties between departments shall be resolved by the city manager. (Ord. No. 9, 1996, § 5, 7-27-96) 3. PURPOSE OF CHANGE: Delete obsolete language ADMINISTRATIVEREFERENDUM 4. RECOMMENDATION: X 15 1. CURRENT VERSION: SECTION 8-2 COMPENSATION OF MAYOR AND COUNCIL MEMBERS The salaries of the mayor and council members shall be fixed by ordinance, provided, however, that the council shall not raise the salaries of the city council or the mayor during any fiscal year in which the ordinance raising salaries is adopted, but it may raise or lower salaries of all members of future councils, to take effect during the fiscal year following the adoption of an ordinance to that effect. 2. PROPOSED REVISION: SECTION 8-2. COMPENSATION OF MAYOR AND COUNCIL MEMBERS. The salaries of the mayor and council members shall be fixed by ordinance, provided, however, that the council shall not raise the salaries of the city council or the mayor during any fiscal year in which the ordinance raising salaries is adopted, but it may raise or lower salaries of all members of future councils, to take effect during the fiscal year following the adoption of an ordinance to that effect. (Ord. No. 9, 1996, § 5, 7-27-96) 3. PURPOSE OF CHANGE: Renumbered as Section 4-5 REFERENDUM 4. RECOMMENDATION: ADMINISTRATIVE X 16 1. CURRENT VERSION: SECTION 9-1. POWERS AND DUTIES OF THE MA The mayor shall be the chief executive officer and shall preside as chairman at meetings of the city council, shall be recognized as head of city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, and as the city official designated to represent the city in all agreements with other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. The mayor shall have a voice and vote in the proceedings of the city council. The vice-mayor shall assume the duties of the mayor during the absence or disability of the mayor. In the absence or disability of both the mayor and vice-mayor, the city council may appoint a chairman pro tem to fulfill the duties and functions of said office. 2. PROPOSED REVISION: SECTION 9-1. POWERS AND DUTIES OF THE MAYOR. The mayor shall be the chief executive officer and shall preside as chairman at meetings of the city council, shall be recognized as head of city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, and as the city official designated to represent the city in all other government meetings agreements with other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. The mayor shall have a voice and vote in the proceedings of the city council. The vice-mayor shall assume the duties of the mayor during the absence or disability of the mayor. In the absence or disability of both the mayor and vice-mayor, the city council may appoint a chairman pro tem to fulfill the duties and functions of said office. 3. PURPOSE OF CHANGE: Strengthen Manager/Council form of Government. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 17 1. CURRENT VERSION: SECTION 9-2. POWERS AND DUTIES OF THE CITY CLERK The city clerk shall be in charge of all general office administration involving the day-to- day business of the city and shall maintain all city records which the city manager may prescribe by administrative rules of procedure, attest all executory contracts made in behalf of the city as evidence of authorization of such contracts by the city council; and no executory contracts made in behalf of the city or to which the city is a party shall be valid unless attested by the city clerk. The city clerk shall perform such other duties as the city council may prescribe by ordinance. 2. PROPOSED REVISION: SECTION 9-2. POWERS AND DUTIES OF THE CITY CLERK. The city clerk shall be in charge of all general office administration involving the day-to- day business of the city and shall maintain all city records which the city manager may prescribe by administrative rules of procedure, attest all executory contracts made in behalf of the city as evidence of authorization of such contracts by the city council; and no executory contracts made in behalf of the city or to which the city is a party shall be valid unless attested by the city clerk. The city clerk shall perform such other duties as the city council Manager may prescribe by ordinance. 3. PURPOSE OF CHANGE: Strengthen Manager/Council form of Government ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 18 1. CURRENT VERSION: SECTION 9-3. POWERS AND DUTIES OF THE CITY TREASURER The city treasurer shall receive, safely keep and disburse, under the direction of the council, all funds belonging to or under the control of the municipality; shall keep an accurate account of all receipts and disbursements in such manner as the city manager shall direct. The treasurer shall deposit funds of the city in such banks or trust companies as the city manager shall from time to time designate; and all checks drawn upon any depository of the city funds shall be signed by the treasurer unless otherwise provided by resolution of the council, and no money shall be paid except by check, unless express authority to do so has been first given to the treasurer by the city manager. All checks drawn upon depository of city funds shall be countersigned by those persons designated by resolution of the city council. 2. PROPOSED REVISION: SECTION 9-3. POWERS AND DUTIES OF THE CITY TREASURER. ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 19 1. : Section 10-1. Procedure. CURRENT VERSION Any member of the city council of the said city may be removed from office and deprived of the right to serve as such official for misfeasance, nonfeasance, malfeasance or any conduct of an immoral or criminal nature committed while holding office; but, before any such official shall be removed and denied the right to perform his official duties, a written complaint shall be filed with and presented to the city council by some citizen or taxpayer of said city, setting forth in reasonable detail the offense of which the said official is charged. Such complaint shall be considered by the city council, and if such council shall determine that the offense charged is of such nature and gravity as to constitute a ground, or cause, for the removal of such official, the council shall thereupon set a date for the hearing of the said complaint and direct the chief of police, or some other officer of the city, to give the official so charged written notice of the date of trial and also deliver to him a copy of the complaint so filed. Upon the trial of such complaint, testimony shall be heard by the council, both in support and in defense of the charges made, and both the complainant and defendant shall have the right to be represented by counsel; and, if a majority of the members of the council present at such hearing shall find and determine that such official is guilty of either or all of the offenses as charged in the complaint, the council shall thereupon adopt a resolution removing such official and depriving him of the right to perform his official duties and declaring his office vacant; and the said official shall no longer have the privilege of performing his official duties, his office shall be vacated and his successor shall thereafter be selected in the manner provided herein. Upon any trial under the provisions of this article, all witnesses shall give testimony under oath and any member of the council present at such hearing, or the mayor or the city clerk shall be authorized to administer oaths. Section 10-1. Procedure 2. : PROPOSED REVISION ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Citizens Committee recommended to replace this in its entirety and replace it with an alternate section defining under that circumstance a member of Council may be removed. The Charter should specifically state that a Councilmember should be removed if convicted of a felony. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 20 1. CURRENT VERSION: SECTION 10-2. INCUMBENT OFFICER TO TURN OVER RECORDS TO SUCCESSOR. It shall be the duty of every officer of the city within ten (10) days after the expiration of his term of office or of his removal therefrom to deliver to his successor in office, or to such person as the city council may designate, all books, records, papers, vouchers and property of every kind in his possession or control belonging to the municipality. 2. PROPOSED REVISION: SECTION 10-2. INCUMBENT OFFICER TO TURN OVER RECORDS TO SUCCESSOR. ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 21 1. CURRENT VERSION: SECTION 12-1. CREATION OF OFFICES The city council shall have the power and is hereby authorized to create such offices as may, in its judgment, be necessary for proper operation of the city and may in its judgment abolish any office created. The city council shall have the power to prescribe the powers, duties and compensation of all officers and employees of the city except those prescribed by this Charter. 2. PROPOSED REVISION: SECTION 12-1. CREATION OF OFFICES. ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 22 1. CURRENT VERSION: SECTION 12-2. BONDS OF EMPLOYEES Any officer or employee of the city may be required to give such bond as the council may prescribe by resolution. 2. PROPOSED REVISION: SECTION 12-2. BONDS OF EMPLOYEES. ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 23 1. CURRENT VERSION: SECTION 17-1. REGULATION BY ORDINANCE. The city council shall, by ordinance, provide for and regulate the registration of voters and the conduct of elections in accordance with the general law of Florida. 2. PROPOSED REVISION: SECTION 17-1. REGULATION BY ORDINANCE. ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 24 1. CURRENT VERSION: SECTION 17-2. QUALIFICATION OF ELECTORS A person who shall possess the qualifications of an elector under the general laws of Florida governing elections and shall reside in the city and shall have registered in accordance with law shall be entitled to vote at any election conducted by the city. 2. PROPOSED REVISION: SECTION 17-2. QUALIFICATION OF ELECTORS. ENTIRE SECTION REMOVED State law references: Qualification and registration of electors, F.S. §§ 97.041, 98.041. 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 25 1. CURRENT VERSION: SECTION 18-1. MEETING AND PROCEDURE OF CITY COUNCIL The city council shall meet at such time and place as may be prescribed by resolution. All meetings of the city council shall be open to the public. The enacting clauses of all ordinances shall be "Be it ordained by the city council of the City of Palm Beach Gardens, Florida" and the procedure for adopting ordinances and resolutions shall be as follows: (1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (a) Ordinance means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law. (b) Resolution means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body. (2) Each ordinance or resolution shall be introduced in writing and shall embrace but one 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 set out in full the revised or amended act or section or subsection or paragraph of a section or subsection. (3) (a) A proposed ordinance may be read by title, or in full, on at least two (2) separate days and shall, at least fourteen (14) days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. 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 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. (b) The governing body of a municipality may, by two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. (c) A proposed resolution may be read by title only when authorized by a majority vote of the city council. (4) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present shall be necessary to enact any ordinance or adopt any resolution; except that two-thirds of the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each member of the governing body voting shall be entered on the official records of the meeting. All ordinances or resolutions passed by the governing body shall become effective ten (10) days after passage or as otherwise provided therein. 26 2. PROPOSED REVISION: SECTION 18-1. MEETING AND PROCEDURE OF CITY COUNCIL. ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 27 1. CURRENT VERSION: SECTION 18-2. RESERVED. Editor's note: Ord. No. 9-1996, § 12, adopted July 27, 1996, repealed the provisions of former § 18-2, which pertained to action requiring an ordinance, as the powers of the city to act have been established by F.S., Chapter 166. The provisions of former § 18-2 derived from Ord. No. 26, 1975, adopted January 29, 1976. ENTIRE SECTION REMOVED 2. PROPOSED REVISION: SECTION 18-2. RESERVED. 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 28 1. CURRENT VERSION: SECTION 18-4. POSTING OR PUBLICATION OF ORDINANCES. It shall be the duty of the city clerk to keep a record of all ordinances adopted by the council in a book kept for that purpose. A copy of any ordinance therefrom, certified to by the clerk under the seal of the city, shall be taken and considered in all courts of this state as prima facie evidence that such ordinance was duly passed and posted or published as required by law. It shall be the duty of the city council to keep a record of all ordinances enacted by it. The council shall post all proposed ordinances at the city hall during the period between the first and second readings and it shall promulgate without unnecessary delay all ordinances that have been passed, and post the same at the city hall in a book kept for that purpose. 2. PROPOSED REVISION: SECTION 18-4. POSTING OR PUBLICATION OF ORDINANCES. ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 29 1. CURRENT VERSION: SECTION 18-5. FRANCHISES Subject only to the provisions of the Constitution of the State of Florida and this Charter, the city council may grant franchises for public utilities, transportation facilities, or for any other lawful purpose whatsoever for terms not to exceed thirty (30) years. At the discretion of the council, it may grant to private concern the right to construct, maintain and operate public or quasi-public projects for terms not to exceed thirty (30) years. No public franchise of any description shall be granted except by ordinance. Whenever such an ordinance has been passed upon its first reading by the council, the council shall have the same posted publicly in full, entitled "A Proposed Ordinance of the City of Palm Beach Gardens Granting a Public Franchise," for a period of thirty (30) days before the council shall take further action thereon. If such ordinance is amended after such posting, it shall be considered as again up for the first reading. Upon passage the ordinance shall again be posted as herein required. 2. PROPOSED REVISION: SECTION 18-5. FRANCHISES. ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 30 CODE OF ORDINANCE CHANGES 1. CURRENT VERSION: SECTION 2-58. NOTICE REQUIREMENTS OF SPECIAL AND WORKSHOP MEETINGS The city clerk shall post written notice of all special and workshop city council meetings on all city bulletin boards as soon as practicable upon scheduling of same by the city council; and all meetings of the city council shall begin at 8:00 p.m. unless changed by vote of the city council. 2. PROPOSED REVISION: SECTION 2-58. NOTICE REQUIREMENTS OF SPECIAL AND WORKSHOP MEETINGS. The city clerk shall post written notice of all special and workshop city council meetings on all city bulletin boards as soon as practicable upon scheduling of same by the city council; and all meetings of the city council shall begin at 8:00 p.m. unless changed by vote of the city council. ) (Code 1987, § 30.12 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 31 1. CURRENT VERSION: SECTION 2-82 ESTABLISHMENT OF BOARDS The city council may establish advisory boards by resolution or Such resolution or ordinance shall state the specific purpose for a board's creation, composition of the board, qualifications of members, terms, and the board's area of responsibility. 2. : S PROPOSED REVISIONECTION 2-82 ESTABLISHMENT OF BOARDS Staff shall make recommendations for Council consideration of members and alternates for all boards. 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 32 1. CURRENT VERSION: SECTION 2-86. ROLE OF COUNCIL LIAISON. If a council liaison is appointed to the board, the council liaison shall be a nonvoting member and shall not serve as a member on subcommittees or ad hoc committees. The council liaison shall assist the board in setting goals and objectives and ensure that all applicable codes and laws are adhered to. The council liaison shall provide updates at city council meetings on the board's accomplishments and needs as well as communicate the council's desires to the board. The council liaison shall allow the board to proceed with agenda discussion items without comment, however, shall act as a resource to the board on questions concerning council policy. 2. PROPOSED REVISION: SECTION 2-86. ROLE OF COUNCIL LIAISON. ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Amend to conform to Council-Manager form of government. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 33 1. CURRENT VERSION: SECTION 2-87. OFFICERS (a) The board shall elect a chairperson and vice-chairperson and any other officers, as the board deems necessary. The chairperson shall preside at board meetings, be the official spokesperson for the board, and the formal liaison between the board and the city council and city administration. (b) The chairperson shall hold such office for one year. At the expiration of this one-year term, the chairperson shall be succeeded by the vice-chairperson, who shall in turn hold the office of the chairperson for one year. Upon the succession of the vice-chairperson to the office of chairperson, the board shall appoint a new vice- chairperson to serve for a term of one year. (c) The vice-chairperson shall assume the duties of the chairperson in the absence of the chairperson. At any meeting where the chairperson and the vice-chairperson are absent, the board shall appoint a chairperson pro tempore to assume the duties of the chairperson. 2. PROPOSED REVISION: SECTION 2-87. OFFICERS. (a) The board shall elect a chairperson and vice-chairperson and any other officers, as the board deems necessary. The chairperson shall preside at board meetings, be the official spokesperson for the board, and the formal liaison between the board and the city council and city administration. (b) The chairperson shall hold such office for one year. At the expiration of this one-year term, the chairperson shall be succeeded by the vice-chairperson, who shall in turn hold the office of the chairperson for one year. Upon the succession of the vice-chairperson to the office of chairperson, the board shall appoint a new vice-chairperson to serve for a term of one year. (c) The vice-chairperson shall assume the duties of the chairperson in the absence of the chairperson. At any meeting where the chairperson and the vice-chairperson are absent, the board shall appoint a chairperson pro tempore to assume the duties of the chairperson. (Ord. No. 12-1999, § 1, 4-8-99) 3. PURPOSE OF CHANGE: To conform with Section 2-86 and delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 34 1. CURRENT VERSION: SECTION 2-88. VACANCIES (a) Any member may be reappointed upon approval of the city council. (b) Vacancies on a board shall be filled by the city council. for the remainder of any unexpired term. (c) A regular or alternate member appointed to fill a vacant term of office, whose term is for less than one year, shall not be precluded from serving the maximum number of full terms allowed. Regular member vacancies on a board shall be filled by an alternate to fulfill any unexpired term where an alternate is available. The vacancy shall be filled by the City Council. 2. PROPOSED REVISION: SECTION 2-88. VACANCIES. (a) Any member may be reappointed upon approval of the city council. (b) Vacancies on a board shall be filled by the city council. for the remainder of any unexpired term. (c) A regular or alternate member appointed to fill a vacant term of office, whose term is for less than one year, shall not be precluded from serving the maximum number of full terms allowed. Regular member vacancies on a board shall be filled by an alternate to fulfill any unexpired term where an alternate is available. The vacancy shall be filled by the City Council. (Ord. No. 12-1999, § 1, 4-8-99) 3. PURPOSE OF CHANGE: Clarification of section. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 35 1. CURRENT VERSION: SECTION 2-89. REMOVAL OF MEMBERS. (a) All members of the board, including alternates, serve at the pleasure of the city council and may be removed from the board with or without cause. (b) Any member who misses three consecutive unexcused meetings shall automatically forfeit his/her appointment. In order for an absence to be excused, the member shall notify the chairperson of the board prior to the meeting, unless the absence is an emergency, of the reason the member is unable to attend. It shall be the chairperson's sole discretion as to whether the reason for not attending the meeting warrants an excused absence. Excused absences noted in th minutes. (d) Any member who recuses himself for conflict of interest at more than 20 percent of the meetings shall be subject to removal by the city council. (e) Any member who willfully neglects the state rules governing the open meeting laws or council policy shall be removed. 2. PROPOSED REVISION: SECTION 2-89. REMOVAL OF MEMBERS. (a) All members of the board, including alternates, serve at the pleasure of the city council and may be removed from the board with or without cause. (b) The City Clerk shall notify the staff liaison Council that the member is no longer on the board. It will then be the responsibility of the liaison to communicate with the board to fill any and all vacancies. (c) Any member who misses three four consecutive unexcused regular meetings shall automatically forfeit his/her appointment. In order for an absence to be excused, the member shall notify the chairperson of the board City Clerk prior to the meeting, unless the absence is an emergency, of the reason the member is unable to attend. It shall be the chairperson's sole discretion as to whether the reason for not attending the meeting warrants an excused absence. Excused absences noted in the board minutes. (d) Any member who recuses himself for conflict of interest at more than 20 percent of the meetings shall be subject to removal by the city council. (e) Any member who willfully neglects the state rules governing the open meeting laws or council policy shall be removed by the City Council. (Ord. No. 12-1999, § 1, 4-8-99) 3. PURPOSE OF CHANGE: To conform with Section 2-86 and clarification of section. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 36 1. CURRENT VERSION: SECTION 2-90. ORGANIZATION, PROCEDURES. The board may make such rules and regulations regarding the manner of conducting its meetings and other rules and regulations as are not in conflict with those prescribed by the city council. 2. PROPOSED REVISION: SECTION 2-90. ORGANIZATION, PROCEDURES. The board may make such rules and regulations regarding the manner of conducting its meetings and other rules and regulations as are not in conflict with those prescribed by the city council. However, the city council may make and alter rules, as it deems necessary. (Ord. No. 12-1999, § 1, 4-8-99) 3. PURPOSE OF CHANGE: Delete obsolete language. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 37 1. CURRENT VERSION: SECTION 2-91. CLERICAL/TECHNICAL SUPPORT The city manager shall furnish the board with whatever clerical services and technical assistance as may be required. 2. PROPOSED REVISION: SECTION 2-91. CLERICAL/TECHNICAL SUPPORT. The city manager shall furnish the board with whatever clerical services and technical assistance as may be required. Requests for technical services shall be presented to the City Manager. The City Manager shall furnish the board with whatever technical and/or clerical assistance may be required. (Ord. No. 12-1999, § 1, 4-8-99) 3. PURPOSE OF CHANGE: Clarification of section. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 38 1. CURRENT VERSION: SECTION 2-92. CANDIDATES FOR PUBLIC OFFICE A member of a board must take a leave of absence from the board during any period of time for which he or she is a candidate for election to a local, county, state or federal office. A leave of absence does not constitute absence without cause as a member of the board and An alternate may act in his or her place until the member is no longer a candidate. Election or appointment of a member to the city council will result in automatic termination of that person's membership on the advisory board. 2. PROPOSED REVISION: SECTION 2-92. CANDIDATES FOR PUBLIC OFFICE. A member of a board must take a leave of absence from the board during any period of time for which he or she is a candidate for election to a local, county, state or federal office. A leave of absence does not constitute absence without cause as a member of the board and An alternate may act in his or her place until the member is no longer a candidate. Election or appointment of a member to the city council will result in automatic termination of that person's membership on the advisory board. (Ord. No. 12-1999, § 1, 4-8-99) 3. PURPOSE OF CHANGE: Clarification of section. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 39 1. CURRENT VERSION: SECTION 2-293. APPROPRIATIONS (a) Annual appropriations of amounts to the respective funds of the city shall be accomplished through the annual budget of the city, which shall be adopted in accordance with F.S. ch. 200, and all other applicable state statutes, and with the provisions of this article. (b) The city manager shall have authority to adopt such standard operating procedures as may become necessary from time to time in order to create and oversee the annual budget of the city, provided such standard operating procedures are consistent with the requirements established by state statutes, or by the city charter, for appropriations and budgets. (c) An amendment to the annual budget of the city which would increase the total amount appropriated for all funds may be authorized only by ordinance adopted by the city council. (d) The transfer of amounts which have been appropriated within the annual budget of the city for a fund shall be conducted as follows: (1) An intradepartmental or interdepartmental transfer within the same operating or capital fund may be authorized by the city manager. (2) A transfer between different operating or capital funds may be authorized initially by the city manager, subject to approval within 30 days by resolution adopted by the city council. 2. PROPOSED REVISION: SECTION 2-293. APPROPRIATIONS. (a) Annual appropriations of amounts to the respective funds of the city shall be accomplished through the annual budget of the city, which shall be adopted in accordance with F.S. ch. 200, and all other applicable state statutes, and with the provisions of this article. (b) The city manager shall have authority to adopt such standard operating procedures as may become necessary from time to time in order to create and oversee the annual budget of the city, provided such standard operating procedures are consistent with the requirements established by state statutes, or by the city charter, for appropriations and budgets. (c) An amendment to the annual budget of the city which would increase the total amount appropriated for all funds may be authorized only by ordinance resolution adopted by the city council. (d) The transfer of amounts which have been appropriated within the annual budget of the city for a fund shall be conducted as follows: 40 (1) An intradepartmental or interdepartmental transfer within the same operating or capital fund may be authorized by the city manager. An intradepartmental or interdepartmental transfer within the same operating or capital fund, or a transfer between different funds, so long as the total authorized appropriations of the adopted budget for all funds combined remains the same, may be authorized by the City Manager. (2) A transfer between different operating or capital funds may be authorized initially by the city manager, subject to approval within 30 days by resolution adopted by the city council. (2) A transfer from the contingency account of the city council may be authorized only by resolution adopted by the city council; except that, in the event of an emergency declared by the city manager, such a transfer may be made initially upon authorization of the city manager, subject to approval within 30 days by resolution adopted by the city council. (Ord. No. 16-1997, § 3, 5-1-97) 3. PURPOSE OF CHANGE: Delete obsolete language not necessary by ordinance. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 41 1. CURRENT VERSION: SECTION 2-294. BIDDING THRESHOLD (a) All contracts for the purchase of commodities or contractual services in excess of $10,000.00 shall be awarded by competitive sealed bid. All such awards shall be approved by the city council. (b) The city council may waive the competitive sealed bid requirement in the event of one or more of the following: (1) An emergency has been declared by the city council. (2) A bid or proposal has been awarded by another governmental agency pursuant to a competitive sealed bid from which the city can purchase at the same price. 2. PROPOSED REVISION: SECTION 2-294. BIDDING THRESHOLD. (a) All contracts for the purchase of commodities or contractual services in excess of $10,000.00 $20,000. $25,000 shall be awarded by competitive sealed bid. All such awards shall be approved by the city council. (b) The city council may waive the competitive sealed bid requirement in the event of one or more of the following: (1) An emergency has been declared by the city council. (2) A bid or proposal has been awarded by another governmental agency pursuant to a competitive sealed bid from which the city can purchase at the same price. (3) The provider of the desired goods or service is the sole source vendor of such goods or services. (Ord. No. 17-1998, § 1, 9-17-98) 3. PURPOSE OF CHANGE: Delete obsolete language not necessary by ordinance. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 42 1. CURRENT VERSION: SECTION 2-302. PROFESSIONAL SERVICES ADVISORY COMMITTEE (a) The "Professional Services Advisory Committee" is hereby established as a permanent body in order to advise the city manager on the selection of firms to provide professional services to the city and the selection of design-build firms to perform design-build contracts with the city. (b) The committee shall be composed of the following city officials: (1) Assistant city manager. (2) Finance director (or the director's designee from the finance department). (3) Planning and zoning director (or the director's designee from the planning and zoning department). (4) Building official (or the official's designee from the building department). (5) Department head of the department requesting professional services, if such city official is not already a designated member of the committee (or the department head's designee from such department). (c) The committee shall: (1) Have a quorum of three members present in order to conduct business and to vote upon any selection of firms in order of preference. (2) Conduct all proceedings in public, in accordance with F.S. ch. 119 and ch. 286, concerning public records and public meetings. (3) Report all required findings and advice to the city manager in writing and within sufficient time to meet all required deadlines established by law or by the city manager. (d) The assistant city manager shall serve as the chairperson of the committee. (Ord. No. 12-1997, § 2, 4-17-97) 2. PROPOSED REVISION: SECTION 2-302. PROFESSIONAL SERVICES ADVISORY COMMITTEE. ENTIRE SECTION REMOVED 43 3. PURPOSE OF CHANGE: Delete entire section. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 44 1. CURRENT VERSION: SECTION 2-303. PROFESSIONAL SERVICES (a) Requests for the city to retain a firm to provide professional services for a proposed project or planning activity shall be made to the city manager in writing by the head of the department which has determined the need for such professional services exists. Such requests shall state all relevant factors and requirements concerning the nature and scope of the professional services needed including, but not limited to, the following: (1) The general purpose of the proposed project or planning activity; (2) The specific objectives of the proposed project or planning activity; (3) The estimated duration of the proposed project or planning activity; (4) The estimated basic construction cost of the proposed project, excluding fees for the professional services requested (not applicable to a planning activity); (5) The estimated fees for the professional services needed; (6) Whether the proposed project or planning activity would duplicate all or any part of a previous or current project or planning activity; (7) A list of all previous or current contracts, projects, or planning activities which may be related to the proposed project or planning activity; and (8) Any other information which the city manager deems relevant to any project or planning activity. (b) Upon receiving a request for professional services, the city manager has discretion to approve it, to return it to the department for additional information, or to reject it. (c) When the city manager has initiated or approved a request for professional services, and such professional services are related to a proposed project for which the estimated basic construction cost or the fee for services for a planning or study activity exceeds the threshold amounts established by state law, the city manager shall forward the request to the finance director. (d) The finance director of the city shall: (1) Cause to be published in a newspaper of general circulation within Palm Beach County, at least once each calendar year, a public notice encouraging any firms which are engaged in the lawful practice of their professions and which desire to provide professional services to the city to submit an annual statement of the firm's qualifications and performance data; and, may also send individual notices to any firms which provided such statements the previous year, reminding them of the need to provide an updated statement annually. (2) Upon receiving from the city manager an approved request for professional services, cause a public notice announcing the need for such professional services to be published in accordance with State law. a. Such public notice shall be published at least once in a newspaper of general circulation within Palm Beach County, not sooner than 15 days prior to the closing date for submission of applications. b. The public notice shall include, but is not limited to, the following: 45 1. A general description of the proposed project or planning activity; 2. The format and/or procedure for how interested firms may apply for consideration; 3. Any minimum qualifications which applicants must possess in order to be considered; 4. The closing date by which statements of qualifications and performance data must be either postmarked or actually received by the city; and 5. The name and telephone number of the city official who may be contacted for additional information about the project or request. (3) Keep any annual statements received from firms and any statements received in response to public notices for particular proposed projects or planning activities. (4) On the first business day immediately after the closing date by which statements of qualifications and performance data must be submitted for a particular proposed project or planning activity, submit all statements on file or received for such proposed project or planning activity to the assistant city manager for consideration and evaluation by the committee. (e) Any firm desiring to provide professional services to the city must be qualified in accordance with current state law. (f) Upon receiving statements of qualifications and performance data provided by the finance director for a particular proposed project or planning activity, the committee: (1) Shall consider and evaluate all such statements; (2) Shall conduct discussions with no fewer than three firms which provided statements, regarding their qualifications, approaches to the project, and abilities to furnish the required services; (3) Shall conduct public presentations by firms, if the committee considers it appropriate or if requested to do so by the city manager; (4) Shall rank at least three of the firms in order of preference, based upon the factors enumerated by F.S. § 287.055(4)(b); and (5) Shall report its advisory ranking of firms in writing to the city manager. (g) Upon receiving the advisory ranking of firms from the committee, the city manager shall: (1) Review and evaluate the report and any accompanying documents or materials, with the discretion to return the report to the committee for accumulation of additional documents or materials, for further evaluation, discussions, or public presentations, for reconsideration of its advisory ranking of firms, or for supplementation of its report; (2) Select in order of preference the three firms considered to be the most highly qualified to perform the required services; 46 (3) Negotiate, either directly or through city officials designated by the city manager, a contract with the most qualified firm, in accordance with state law. (h) The contract negotiated by the city manager is subject to final approval by the city council. If the city council rejects the negotiated contract, the matter shall be referred again to the city manager in order for renegotiation with such firm, or to undertake negotiations with the next ranked firm (if any), at the city manager's discretion. If the city manager is unable to negotiate a contract acceptable to the city council with any ranked firm, the city manager shall request the committee provide a supplemental advisory ranking of any remaining firms which submitted statements. If there are no additional firms for the committee to consider, the city shall reinitiate the process by seeking statements from firms, as established by this section. (Ord. No. 12-1997, § 3, 4-17-97) 2. PROPOSED REVISION: SECTION 2-303. PROFESSIONAL SERVICES. ENTIRE SECTION REMOVED 3. PURPOSE OF CHANGE: Delete entire section. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 47 1. CURRENT VERSION: SECTION 2-304. DESIGN-BUILD CONTRACTS (a) When the city manager determines that it is appropriate to utilize a design- build contract for a city project, the city manager shall direct the preparation of a design criteria package by a design criteria professional employed by the city or by a design criteria professional whose services are obtained through a request for professional services, as set forth in section 2-303. (1) If a design criteria professional must be retained by the city, the public notice soliciting statements of qualifications and performance data shall also include notice that the design criteria professional who is selected shall not be eligible to render services under the design-build contract for which the design criteria package is prepared. (2) The design criteria package shall set forth all criteria for the project including, but not limited to, the criteria enumerated in this section, and shall set forth the relative weighting assigned to the respective criteria. (b) Upon completion of the design criteria package, the procedures set forth in section 2-303 shall be followed by the finance director to obtain current statements of qualifications and performance data from design-build firms; by the committee to establish an advisory ranking of qualified design-build firms; and by the city manager to select not less than three design-build firms as the most qualified; provided that design-build firms shall be considered, evaluated, and ranked by the committee, and selected by the city manager, on the basis of their qualifications, availability, and past work by the firm, including its partners or members. (c) Upon the selection of qualified design-build firms, proposals or bids shall be obtained by the committee from each of the firms selected, which the committee, in consultation with the design criteria professional for a proposed design-build project, shall consider, evaluate, rank, and report upon in accordance with the procedures set forth in section 2-303, provided that the ranking shall be based upon the weighted criteria for the project including, but not limited to, the following: (1) Price or cost to the city, including the cost of all professional design services, other services, labor, materials, equipment, and other supplies necessary to complete the project in a timely manner; (2) Technical aspects of the project, including, but not limited to, detailed work plans; (3) Aesthetic quality of the design and its ability to meet standards of appearance established by the city; 48 (4) Qualifications and references of the firm, including the size, range of activities, abilities and experience of the firm's professional personnel, capabilities of the firm to meet the time and budget requirements of the city, and past performance of the firm on similar projects; and (5) Financial stability of the firm, including its ability to meet the city's bonding and insurance requirements. (d) The design criteria professional employed or retained by the city shall evaluate the compliance of the project construction with the design criteria package, and shall regularly report to the city manager during construction of the project on the compliance of the design-build firm with the design criteria package. (e) In the case of a public emergency, the city manager may publicly declare an emergency and negotiate with the best qualified design-build firm available at the time, without complying with the provisions of section 2-303, in order to recommend to the city council an award of a contract on an expedited basis. 2. PROPOSED REVISION: SECTION 2-304. DESIGN-BUILD CONTRACTS. DELETE ENTIRE SECTION 3. PURPOSE OF CHANGE: Delete entire section. 4. RECOMMENDATION: ADMINISTRATIVE REFERENDUM X 49 1. CURRENT VERSION: SECTION 2-311. INVESTMENT POLICY (a) The city shall limit its investments to any of the securities listed below: (1) Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States government at the then prevailing market price for such securities; (2) Obligations of the federal farm credit banks; the Federal Home Loan Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed by the Government National Mortgage Association; (3) Obligations of the Federal National Mortgage Association, including Federal National Mortgage Association participation certificates and mortgage pass-through certificates guaranteed by the Federal National Mortgage Association; (4) Interest-bearing time deposits or savings accounts in banks organized under the laws of this state, in national banks organized under the laws of the United States and doing business and situated in this state, in savings and loan associations which are under state supervision, or in federal savings and loan associations located in this state and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law; (5) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as amended from time to time, provided the portfolio of such investment company or investment trust is limited to United States government obligations and to repurchase agreements fully collateralized by such United States government obligations and provided such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; (6) The Local Government Surplus Funds Trust Fund (state board of administration); (7) The Florida Counties Investment Trust; (8) Shortterm obligations of corporations organized in the United States with assets exceeding $500,000,000.00 if such: 50 a. Obligations are rated at the time of purchase at one of the three highest classifications established by at least two standard rating services and which mature not later than 180 days from the date of purchase; and b. Such purchases do not exceed ten percent of the corporation's outstanding obligations; (9) Floating rate securities within subsections (a)(1) through (3) of this section, provided the rate is tied to the interest rate paid on United States Treasury securities or an index thereof. (b) Within the scope of the investments permitted in subsection (a) of this section, the city shall not invest any funds in financial forwards or futures, options, reverse repurchase agreements and inverse floaters. 2. PROPOSED REVISION: SECTION 2-311. INVESTMENT POLICY. (a) The city shall limit its investments to any of the securities listed below: (1) Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States government at the then prevailing market price for such securities; (2) Obligations of the federal farm credit banks; the Federal Home Loan Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed by the Government National Mortgage Association; (3) Obligations of the Federal National Mortgage Association, including Federal National Mortgage Association participation certificates and mortgage pass-through certificates guaranteed by the Federal National Mortgage Association; (4) Interest-bearing time deposits or savings accounts in banks organized under the laws of this state, in national banks organized under the laws of the United States and doing business and situated in this state, in savings and loan associations which are under state supervision, or in federal savings and loan associations located in this state and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law; (5) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as amended from time to time, provided the portfolio of such investment company or investment trust is limited to United States government obligations and to repurchase agreements fully collateralized by such United States government obligations and provided such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; 51 (6) The Local Government Surplus Funds Trust Fund (state board of administration); (7) The Florida Counties Investment Trust; (8) Shortterm obligations of corporations organized in the United States with assets exceeding $500,000,000.00 if such: a. Obligations are rated at the time of purchase at one of the three highest classifications established by at least two standard rating services and which mature not later than 180 days from the date of purchase; and b. Such purchases do not exceed ten percent of the corporation's outstanding obligations; (9) Floating rate securities within subsections (a)(1) through (3) of this section, provided the rate is tied to the interest rate paid on United States Treasury securities or an index thereof. (b) Within the scope of the investments permitted in subsection (a) of this section, the city shall not invest any funds in financial forwards or futures, options, reverse repurchase agreements and inverse floaters. The City of Palm Beach Gardens shall from time to time adopt an investment policy by resolution, which shall, at a minimum, meet the requirements of the then currently existing Florida State Statutes governing municipal investments (Ord. No. 27-1995, §§ 1, 2, 9-28-95) Cross references: Firefighters' pension trust funds, § 38-51 et seq.; police officers' retirement trust funds, § 50-61 et seq. 3. PURPOSE OF CHANGE: Amend language to provide for adoption of investment policy by Resolution, meeting the requirements of Florida Statutes. ADMINISTRATIVE 4. RECOMMENDATION: REFERENDUM X 52 SECTION 3 ARTICLE I THROUGH X REMOVED Delete Articles 1-10, Sections 3-1 through 3-105 Î this is an administrative function, not a legislative function. 53