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(1) The electors of the city shall have the power, by petition, to propose amendments to the city charter not inconsistent with the State Constitution or general law. Upon submission of a petition meeting the signature requirements set forth in subsection 3.092 and certification of same as provided in subsection 3.093, the city council shall submit the proposed amendment to a vote of the electors.
(2) The electors of the city shall have the power, by petition, to propose ordinances to the council not inconsistent with the State Constitution or general law. If the council fails to adopt an ordinance so proposed without any change in substance, such ordinance shall be placed on the ballot for the electorate to either adopt or reject, provided that such power to petition shall not extend to matters relating to the budget or capital program or any ordinance relating to the appropriation of money, method of levy of taxes, zoning, or salaries of city officers or employees.
(3) The electors of the city shall have the power, by petition, to request the council to repeal any adopted ordinance if such repeal is not inconsistent with the State Constitution or general law. If the council fails to repeal such ordinance, it shall be placed on the ballot for the electorate to consider; provided that such power to petition shall not extend to matters relating to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money, method of levy of taxes, zoning, or salaries of city officers or employees.
3.091 Commencement of proceedings. Any elector(s) may commence proceedings by filing with the city clerk an affidavit stating that the elector(s) will constitute a committee being responsible to circulate a petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed charter amendment, the proposed ordinance or citing the ordinance sought to be repealed. Within ten (10) days after the affidavit is filed, the city clerk shall issue the appropriate petition blanks to the petitioners' committee. The committee shall be responsible for all costs involved in the petitioning process including any fee required to be paid to the supervisor of elections to verify the petitions. The process to amend the city charter or to adopt or repeal an ordinance shall be completed and the certificate of sufficiency submitted to the city council, as provided herein, not less than ninety (90) days before a special or regular municipal election.
3.092 Petitions.
(1) Number of signatures. All petitions must be signed by at least ten percent (10%) of the electors of the city. They need not be in affidavit form. The petition to amend the charter must be signed by at least ten percent (10%) of the electors of the city of the registered electors as of the last preceding municipal general election or as provided in section 166.031 Florida Statutes as may be amended from time to time. Petitions to propose or repeal ordinances must be signed by at least ten percent (10%) of the registered electors as of the last preceding municipal general election.
(Amendment adopted by electorate 11-8-22)
(2) Form and content. The city clerk shall consult with the supervisor of elections to create a standard form of petition, which shall be used for all proposed charter amendments and proposals to adopt or repeal an ordinance. Each page of a petition shall be numbered, shall be uniform in size and style, shall be executed in ink, and shall be followed by the address of the person signing. Each petition circulated shall contain or have attached to it, at least once, the full text of the proposed charter amendment, the proposed ordinance, or the ordinance sought to be repealed. Each page provided for signatures shall contain the caption of either the proposed charter amendment, the proposed ordinance, or the ordinance sought to be repealed.
(3) Affidavit of circulators. Each petition shall have attached to it, when filed, an affidavit executed by the circulator indicating the number of pages and the number of signatures contained therein, that the circulator personally circulated the paper, that all the signatures were affixed in the circulator's presence, that the circulator believes them to be signatures of electors, and that each elector had an opportunity before signing to read the full text of the proposed charter amendment, the proposed ordinance or the ordinance sought to be repealed.
3.093 Certificate of clerk; amendment.
(1) Within ten (10) days after the petition has been filed, the city clerk shall submit it to the county supervisor of elections or other official designated by city council to certify the number of registered voters who signed it. The city clerk, supervisor of elections or other official designated by city council shall use the signature verification process for petitions set forth in section 99.097, Florida Statutes, as may be amended from time to time. The city clerk shall, within three (3) working days of certification or after receipt of certification, send a copy of the certificate to the committee, by certified mail, indicating its sufficiency or insufficiency and the grounds therefore.
(2) Grounds for insufficiency are only those specified in subsection 3.092. A petition certified insufficient may be amended once if the committee files with the city clerk (i) a notice of intention to amend the petition within two (2) working days after receiving the copy of the certificate and (ii) an amended petition within ten (10) working days after receiving the copy of such certificate. Such amended petition shall comply with the requirements of subsection 3.092 and the city clerk shall, within three (3) working days after receipt of the amended petition, notify the committee either that it is sufficient or insufficient and the reasons for same. If the insufficiency is based upon the lack of requisite signatures, within five (5) working days after it is filed, the city clerk shall examine or submit the amended petition to the supervisor of elections or the official designated by city council to determine the number of registered voters who signed it. The city clerk shall, within three (3) working days after certification or receipt of the certification, send a copy of the certificate to the committee by certified mail as in the case of an original petition.
(3) If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient, the city clerk shall present a certificate to the council, at the next regular or special council meeting, and the certificate shall then be a final determination as to the sufficiency or insufficiency of the petition.
3.094 Action by council. When a petition to amend the charter or to adopt or repeal an ordinance has been determined sufficient, the council shall consider such amendment, adoption, or repeal. If the council fails to adopt a proposed ordinance without any change in substance or fails to repeal an ordinance, both or either of them shall be submitted to the electors of the city in accordance with subsection 3.095. If a petition to amend the charter is deemed sufficient, the proposed amendment shall be submitted to the electors of the city in accordance with subsection 3.095.
3.095 Submission to electors. The city council shall submit the charter amendment, adoption or repeal of an ordinance to the electorate at a special or regular municipal election held no less than ninety (90) days nor more than one hundred eighty (180) days from the date the supervisor of elections’ certificate of sufficiency is presented to the city council. A copy of the ordinance to be adopted or repealed or a copy of the proposed charter amendment, or a summary thereof, shall be published in a newspaper of general circulation once in the fifth week prior to the election and once in the third week prior to the election. The full text of an ordinance to be adopted or repealed and charter amendment shall be posted at the polls.
3.096 Results of elections.
(1) If a majority of the voting electors vote in favor of a proposed ordinance, it shall be considered adopted upon certification and approval of the election results and shall be treated as an ordinance adopted by the council. In the event conflicting ordinances are approved at the same election, the one receiving the greater number of “yes” votes shall become effective.
(2) If a majority of the electors vote to repeal an ordinance, the ordinance shall be considered repealed upon certification and approval of the election results.
(3) If a majority of the voting electors vote in favor of a proposed amendment to the city charter, the amendment to the charter shall become effective upon certification by the state of Florida. The city clerk shall submit the results of the election to the state within five (5) days after the city council certifies the results. In the event conflicting amendments are approved at the same election, the one receiving the greater number of “yes” votes shall become effective.
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92) (Amendment adopted by electorate 11-6-12, 11-05-19)
Every proposed ordinance or resolution shall be introduced in the final written or printed form required for adoption. The enacting clause of ordinances shall recite: “Be it enacted by the city council of the city of Palm Bay, Brevard County, Florida.” A proposed ordinance may be read by title, or in full, on at least two (2) separate days.
A proposed ordinance may be amended at either reading. However, no ordinance shall be amended at the second or later reading so as to change its intent without a reading at least ten (10) days later. The council shall provide for public hearings or for the publication of notice concerning the subject matter of any proposed ordinance or amendment as provided by general law. Ordinances and resolutions shall become effective upon passage unless otherwise specified therein. Every ordinance or resolution shall, upon final passage, be authenticated by the mayor and the city clerk, and shall be recorded and published as the council shall prescribe.
3.101 Emergency ordinances. Notwithstanding the provisions of the foregoing sections, the council may enact emergency ordinances to meet serious public emergencies, as determined by the city council, affecting the general welfare, health or safety of the city or its inhabitants. An emergency ordinance shall be introduced in the form and manner prescribed for other ordinances except that it shall be plainly designated as emergency ordinance and the conditions constituting such emergency shall be stated therein. It may be adopted or rejected, with or without amendment, at the meeting at which introduced. Emergency ordinances shall expire thirty (30) days after enactment unless sooner specified therein.
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92)
3.111 Appointment or employment. The city council shall appoint or employ a city attorney and such assistant attorney(s) as required to act as legal advisor(s) to the council and officials of the city as designated in [subsection] 3.123(b) and serve at the pleasure of the council.
3.112 Qualifications. The city attorney shall be a practicing attorney with at least five (5) years' experience and practice in the courts of the state of Florida.
3.113 Duties.
(a) General. The city attorney, and/or his assistant attorney(s), shall perform such professional duties as may be required by ordinance or resolution of the council, or as prescribed for city attorneys under the general laws of the state of Florida, that are not inconsistent with the specific provisions of this charter.
(b) Legal advisor. The city attorney, and/or assistant attorney(s), shall provide required legal advice to the council and to the city manager. Officially constituted boards, committees, and commissions of the city, relating to their official duties, may obtain legal advice upon the approval of the council.
3.114 Remuneration. The council shall determine the remuneration to be paid the city attorney and/or assistant attorney(s).
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92)
There shall be a city manager who shall be the chief executive and administrative officer of the city. The manager shall be responsible to the council for the administration of all city affairs placed in the manager's charge by or under this charter.
4.011 Appointment. The council shall appoint a manager by a majority vote of all councilmembers. The manager shall be selected solely on the basis of administrative and executive qualifications. At the time of appointment, the manager need not be a resident of the city or state. However, should the manager change residency subsequent to his or her appointment, the manager shall reside within the city during his or her tenure.
(Amendment adopted by electorate 11-8-22)
4.012 Removal. The council may remove the manager by majority vote of all the councilmembers, by a resolution, which states the cause(s) for removal, unless by contract, cause(s) is not required.
4.013 Compensation. The compensation of the manager shall be fixed by the council and shall not be reduced during the manager's period of employment except by the consent of the manager.
4.014 Bond. The city manager shall furnish a surety bond to be approved by the council. The premium of the bond shall be paid by the city. The amount of the bond shall be fixed by the council.
4.015 Powers and duties. The city manager shall:
(a) Appoint, and when deemed necessary for the good of the city, suspend or remove city employees or appointive administrative officers provided for by this charter, except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency.
(b) Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law.
(c) Attend council meetings unless excused by council, and then he should have a designated replacement.
(d) Ensure that all laws, provisions of this charter and acts of the council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed.
(e) Prepare and submit the annual budget, budget message, and capital program to the council in a form provided by ordinance.
(f) Submit to the council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year.
(g) Make such other reports as the council may require concerning the operations of city departments, offices and agencies, subject to the manager's direction and supervision.
(h) Keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as deemed desirable.
(i) Execute contracts on behalf of the city pursuant to the provisions of appropriation ordinances or resolutions.
(j) Perform such other duties as are specified in this charter or may be required by the council.
4.016 Supervision of departments. Except as otherwise provided in this charter or by general law, the city manager shall be responsible for the supervision and direction of all departments, agencies and offices of the city. All departments, offices and agencies under the direction and supervision of the manager, shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of the council, the manager may serve as the head of one (1) or more such departments, offices or agencies or may appoint one (1) person as the head of two (2) or more of them.
4.017 Administrative code. The manager shall develop and keep current an administrative code for the purpose of implementing ordinances passed by the council.
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92)
By letter filed with the council, the city manager shall appoint a qualified city administrative officer to exercise the powers and perform the duties of manager during the city manager's temporary absence or disability. During such temporary absence or disability, the council may revoke such appointment at any time and appoint another officer of the city to serve until the city manager shall return or the disability shall cease.
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92)
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