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04-08-2004 CITY OF EDGEWATER Charter Review Committee Thursday, April 8, 2004 3:00 p.m. Edgewater City Hall Conference Room 104 N. Riverside Drive AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES March 25, 2004 4. OLD BUSINESS A. None at this time. 5. NEW BUSINESS A. Public Comment B. Member Reports C. Discussion — Three (3) structures of government 6. ADJOURNMENT Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceeding is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386- 424 -2407, 5 days prior to the meeting date. If you are hearing impaired or voice impaired, contact the relay operator at 1- 800 - 955 -8771. CHARTER §5 i Section 1. Short title. Section 5. City Commission. This act, together with any future amendments (1) City Commission: composition, pualifica- thereto, shall be known and may be cited as the NOW for office. "City of Deltona Charter," hereinafter referred to (a) Composition. as "the Charter" 1. There shall be a seven -member City Section 2. Legislative intent. Commission, consisting of a Mayor and six Commissioners each elected The Legislature hereby fords and declares that: from and representing the district in which he or she resides, and with the (1) The Deltona Lakes area inVolusia County Mayor elected from and represent - includes a compact and contiguous urban ing the City at large regardless of community amenable to separate mu- the district in which he or she re- nicipal government. sides. For purposes of proper inter pretation of this Charter, unless the (2) It is in the best interests of the public P context otherwise requires, the term health, safety, and welfare of the citizens "Commissioner" shall be construed of this community to form a separate to include the Mayor: municipality for the Dalton Lakes area with all powers and authority necessary 2. There shall be six districts within to provide efficient and adequate munici- the City, the boundaries of which are pal services to its residents. as outlined in section :9(2), to be designated as District One (1), Dis- - Section S. Incorporationofmunicipalityand trict Two (2), District Three (3), Dis- trict Four (4), DistrictFive(5), and corporate limits. District Six (6). The Commissioners There is hereby created in Volusia County, a elected from and representing these new municipality to be known as the City of districts shell hold District Seats one to ass respectively. The remaining Dalton, which shall have a Commission -Man- agar form of government. The Corporate bound- as the "Mayor's Seat." aries of the City of Dalton, hereinafter referred to as "the City," shall be as described in section (b) Qualifications for office. 9(1)' 1. Each candidate for the office of City Commissioner shall be a qualified Section 4. Municipal powers. elector of the City. The City shall be a body corporate and politic 2. Each individual seeking to qualify as - and shall have all the powers of a municipality a candidate for a district seat on the under the Constitution and laws of the State of Commission shall submit a petition Florida, as fully and completely as though such supporting his or her candidacy to powers were specifically enumerated in this Char the City Clerk (or, for the initial ter, unless otherwise prohibited by or contrary to election, to the Supervisor of Elec- the provisions of this Charter. The City shall have lions of Volusia County) containing all governmental, corporate, and proprietary pow- the signatures of at least 100 elec- ers aecoesary to enable it to conduct municipal tors reeidingwitlimthe districtwhich government, perform municipal favrxions, and he or she seeks to rspreemrt. render mrmudpal services, and may asa rmae any 3. Each individual eeekingto qualify as power for municipal parposee unless expressly acandidate for Mayar shall submit problInW by law. The powers of the City shall be petition supportinghisw her candi- liberally cad in favor of the City daey to the City Clerk (or, for the Supp. No. 5 CIM3 §6 DELTONA CODE J.. initial election, to the Supervisor of side at the meetings of the Commission; Elections of Volusia County) contain- sign or execute ordinances, and be recog- iag the signatures of at least 150 nized as the ceremonial head of the City electors residing within the City. government. The Mayor shall have no 4. At the time of qualification, each administrative duties other than those candidate for a district seat on the necessary to accomplish these actions, or Commission shall reside within the such other actions as may be authorized boundaries of the district that he or by the City Commission, consistent with she seeks to represent. For the length general or special law. of their term, Commissioners shall (5) The Vwe Mayor: election and duties. maintain residency within the bound- (a) Election. ashall Vice Mayor aries of their district and the Mayor shall maintain residency within the elected annually by the C Commission from boundaries of the City. among the Commissioners. Such election shall take place at the first meeting after 6. Additionally, for the initial election, the general election. following the referendum approving the creation of the City, candidates (b) Duties. The Vice Mayor shall have the for office shall qualify as provided in same legislative powers and duties as any section 13(3). other Commissioner, except that he or she shall serve as Acting Mayor during the (2) Terms of of e. The term of office for each absence or disability of the Mayor, and Commissioner shall be 4 years except that, in during such period, shall have the same order to provide for staggering of terms, the duties as provided for in paragraph (0b). initial term of office for District Seats One, Three, In the absence of the Mayor and Vice Five and the Mayor's Seat shall be for 2 years. Mayor, the �.—gCommiesioners shall 1 '( Neither the Mayor nor any other Commissioner select a Commissioner to serve as Acting `. may serve mote than two successive 4-year terms Mayor in the same seat. Each Commissioner shall re- main in office until his or her successor is elected (3) Compensation and expenses. and assumes the duties of the position at the first (a) Compensation. The Mayor and members meeting of the new Commission which shall be of the City Commission shall receive an - held on the first Monday following the regularly anal compensation, payable bi-weekly, scheduled general election. equivalent to the average annual salary of (3) Powers and duties of Commission. Except the Mayor and Commissioners in the cit- es otherwise prescribed herein a provided by law, ies within Volusia County. Said compen- legislative and police powers of the City shall be sation shall be identified as a line item vested in the Commission. The Commission shall within the annual budget and shall be provide for the exercise of its powers and for the automatically adjusted every two years performance of all duties and obligations imposed coincident with adoption of the annual on the City by law. budget. (4) The Mayor: powers and duties. (b) Expenses. The Commission may provide for reimbursement of actual expenses in - (a) Powers. There shall be a Mayor who shall cared by its members while performing be elected at large and who shall have the their official duties. aema legislative powers and duties as any other Commissioner, except as herein pro- (7) Vacancies, forfeiture of office; suspension; vided. Alling of vaeasunes. (b) Duties. In addition to his or her regular (a) 6amsusas. A vacancy in the office of a powers and duties the Mayor shall: pre- Comarasedoner shall occur upon the death Supp. No. 5 CHMA WVX—I—Wa of the incumbent, removal from office as authorized by law, resignation, appoint- ment to other public office which creates dual office holding, judicially determined incompetency, or forfeiture of office as herein described. (b) Forfeiture of office. A Commissioner shall forfeit his or her office upon determina- tion by the Commission, acting as a body, that he or she: 1. Lacks at any time, or fails to main- tain during his a her term of office, any qualification for the office pre- scribed by this Charter or otherwise required by law; 2. Is convicted of a felony, or enters a plea of guilty or nolo contenders to a crime punishable as a felony, even if adjudication of guilt has been with- held; 3. Is convicted of a first degree misde- meanor, arising directly out of his or her official conduct or duties or en- ters a plea of guilty or nolo contenders, thereto, even if adjudication of guilt has been withheld; 4. Is, found to have violated any stan- dard of conduct or code of ethics established bylaw for public officials and has been suspended from office bythe Governor, unless subsequently remetated as provided by law; or 5. Is absent from three consecutive reg- uler Commission meetings without being excused by the Commission. (c) Suspension from office. A Commissioner shall be suspended from office by the Commission acting as a body upon return of an indictment or issuance of an infor- mation chmgiag the Commissioner with any crime which is punishable as, a felony or with -any crime smiog,ant.of hie or her official conduct or duties which is punish able as a imadernesussr. Pursuant thereto: 1. During the period of suspeasion, the Commissioner shall not perform any 4s official act, duty, or function, or re- ceive any pay, allowance, emolu- ment, or privilege of office. 2. If the Commissioner is subsequently found not guilty of the charge, or if the charge is otherwise dismissed or altered in such manner that suspen- sion would no longer be required as provided herein, the suspension shall be lifted by the Commission, and the Commissioner shall be entitled to receive full back pay and such other emoluments or allowances as he or she would have been entitled to had the suspension not occurred. (d) Filling of vacancies. 1. If a vacancy occurs in the office of Mayor, the Vice Mayor shall serve as Mayor until a new Mayor is elected at the next regularly scheduled City -election and assumes the duties of his or her office. The Commission shall fill the Commissioner's seat temporarily vacated by the Vice Mayorby appointment as herein pro- vided. 2. If any vacancy occurs in the office of any Commissioner other than the Mayor and the remainder of the un- expired term is, less then 2 years, the remaining Commissioners shall, within 30 days following the occur- rence of such vacancy, by majority vote, appoint a person to fill the vacancy for the remainder of the unexpired term. If, however, the re- mainder of the unexpired term ex- ceeds 2 years, the remaining Com- missioners shall, within 30 days following the occurrence of such va- cancy, by majority vote, appoint a person to fill the vacancy until the next regularly scheduled City elec- tion. 3. Any person appointed to fill a vacant seat on the Commission is, required Sum. No. 5 CHII..5 §6 DELTONA CODE to meet the qualifications of the seat to which he or she is appointed, except the petition requirement. (3) City Commission meetings. The Commis- sion shall meet regularly at least once a month, at such times and places as the Commission may prescribe. Such meetings shall be public meet- ings, and shall be subject to notice and other requirements of law applicable to public meet- ings. Pursuant thereto: (a) The first meeting following a general City election at which elected or reelected Com- missioners are inducted into office shall be held on the first Monday following such election. (b) A majority of the Commission shall con- stitute a quorum. No action of the Com- mission shall be valid unless adopted by an affirmative vote of the majority of the Commissioners in attendance, unless oth- erwise provided by law or stated herein. All actions of the City Commission shall be by ordinance, resolution, or motion. (c) Special meetings may be held at the call of the Mayor, or, in his or her absence, at the call of the Vice Mayor. Special meet- ings may also be called upon the request of a majority of the Commissioners. The City Clerk shall provide not less than 12 hourprior notice of the meeting to the public, where practical. (9) City records. The Commission shall, in a properly indexed book kept for the purpose, pro- vide for the authentication and recording in full of all minutes of meetings, and all ordinances and resolutions adopted by the Commission, and the same shall at all times be a public record. The Commission shall further maintain a current codification of all ordinances. Such codification shall be printed and be made available to the public an a continuing basis. All ordinances or reselutions of the Commission shall be signed by the Mayor or by the Vice Mayor in the Mayor's absence, or by the Acting Mayor in the case of the absence or disability of the Mayer and Vice Mayor, and attested to by the City Clerk. (10) Limitation of employment of Commission- ers. No Commissioner shall be in the employment of the City while in office, nor shall any former Commissioner be employed by the City until after the expiration of 1 year from the time of leaving office. (11) Noninterference by City Commission. Ex- cept for the purpose of inquiry and information, the Commission and its members, including com- mittees thereof, are expressly prohibited from interfering with the performance of the duties of any City employee who is under the direct or indirect supervision of the City Manager or City Attorney. Such action shall be malfeasance within the meaning of Florida Statutes. (Ord. No. 17-01, §§ 2, 4, 6-4-2001/11-6-2001) Section 6. Budget and appropriations. (1) Anal year. The City shall have a fiscal year which shall begin on October 1 of each year and end on September 30 of the succeeding year. (2) Budget adoption. The Commission shall, by resolution, adopt a budget oa or before the 30th day of September of each year. Areaolution adopt- ing the nnnual budget shall constitute appropri- ation of the amounts specified therein as expen- ditures from funds indicated. (3) Appropriation amendments during the fis- cal year. (a) Supplemental appropriations. If, during the fiscal year, revenues in excess of those estimated in the budget are available for appropriation, the Commission may, by resolution, make supplemental appropri- ations for the year in an amount not to exceed such excess. (b) Reduction of appropriations. If, at any time during the fiscal year, it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, he or she shall reportsametothe Commission with - cut delay, indicating the estimated amount of the deficit, any remedial action taken, and recommendations as to any other steps that should be taken. The Commie- simi shall then take such further action as Supp. No. 5 CHT:6 CHARTER `t it deems necessary to prevent or mini.ni,a any deficit and, for that purpose, the Commission may by resolution reduce one or more appropriations accordingly. (c) Roosfer of appropriations. At any time during the fiscal year, the City Manager may transfer all or part of any unencum- bered appropriation balance within a de- partment, office, or agency of the City to other programs within the same depart- ment, office, or agency. And, upon written request of the City Manager, the Commis - aim may transfer part or all of any unen- cumbered appropriation balance from one department, office, or agency to another. (d) Limitations, effective date. No appropria- tion for debt service may be reduced or transferred, no appropriation may be re- duced below any amount required by law to be appropriated, and no appropriation may be reduced by more than the amount of the unencumbered balance thereof. Other provisions of law to the contrary notwithstanding, the supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. (a) The Commission shall adopt a formal debt policy by ordinance. Such policy will require that general obligation debt or debt pledging property taxes (ad valorem revenue) will only be issued after an affir- mative vote of the electors of the City. The Commission can authorize and issue rev- enue bonds pledging non ad valorem rev- enues, consistent with City debt polity. (Ord. No. 17-01, § 1, 64-2001/11-6-2001) Section 7. Charter OPRcera. (1) Designated Charter Officers: appointment,, removal; compensation; falling of vacancies; can- didate for City offaae. The designated Charter Officers shall be the City Manager and City Attorney. (a) [appointment. The Charter Officers shall be appointed by a majority vote of the full Comsmeeion and shall serve at the plea- sure of the Commission. 17 (b) Removal. The Charter Officers shall be removed from office only by a majority vote of the full Commission. If the vote is lees than ,roen;mm,q the Charter Officer may, within 7 days of the dismissal mo- tion by the Commission, tnbmit to the Mayor a written request for reconsidera- tion. Any action taken by the Council [Commission) at the reconsideration hear- ing shall be final. (c) Compensation. The compensation of the Charter Officers shall be fixed by the City Commission. (d) filling of vacancies. The City Commission shall begin the process to fill a vacancy in the Charter Office of the City Manager or the City Attorney within 90 days of the vacancy. An Acting City Manager or Act- ing City Attorney may be appointed by the Commission during a vacancy in of- fice. (a) Candidate for City Offace. Charter Offic- er; shallaotbe a candidate far any elected office while holding his in her Charter Office position. (2) City Manager: qualifications, powers and duties. The City Manager shall be the Chief Administrative Officer of the City. (a) Quaaliftcations. The City Manager shall be selected on the basis of experience, exper- tise, and management ability as it per - Was to running municipal government. Although the City Manager need not be a resident of the City at the time of appoint- ment, within 6 montbe of such appoint- ment, he or she shall establish and main- tain residency within the corporate limits of the City. Upon request of the City Manager, this 6-month period may be extended by the City Commission for an additional 6-month period. (b) Power and duties. The City Manager shall: 1. Attend all meetings of the City Com- mission. 2. Draw and sign vouchers upon depos- itories, which vouchers shall be coun- teraigned by the Finance Director or Supp. No. 5 =7 §7 DELTONA CODE by the City Clark, in the event of the Finance Director's absence, or dia- ability, and keep, or cause to be kept, a true and accurate account of same. 3. Be responsible for: signature and issuance of all licensee issued by the City; issuance of receipts for all mon- eys paid to the City; and deposit of said moneys in the proper deposito- rise on the first banking day after receipt. 4. Provide administrative services as required by the Mayor and the Com- mission. 6. Appoint a City Clark to serve at his or her pleasure. 6. Appoint and suspend or remove any employee of the City The City Man- ager may authorize any administra- tive officer who is subject to his or her direction and supervision to ex- ercise these powers with respect to subordinates in that officer's depart- ment, office, or agency within the guidelines of stated personnel poli- cies and procedures. 7. Direct and supervise the ad+emustr*- tion of all departments, offices, and agencies of the City, except as other- wise provided by this Charter or by law. 8. See that all laws, provisions of this Charter, and acts of the Commission are faithfully executed. S. Prepare and submit the annual bud- get, budget message, and capital pro - grant to the Commission. 10. Keep the Commission fully advised as to the financial condition and fu- ture needs of the City and make such recommandations to the Com- mission concerning the affairs of the City. 11. Submitto the Commission, and make available to the public, a complete report on finances and Administra- tive activities of the City as of the end of each fiscal year. 12. Sign contracts on behalf of the City to the extent authorized by the Com- mission. 13. Perform such other duties as are specified in this Charter or as may be directed by the Commission. (8) City Attorney, qualifications; powers and duties. The City Attorney shall be the chief legal officer of the City, and shall serve as chief legal advisor to the City Commission, the City Man- ager, and all City departments, offices, City advi- sory boards, and agencies. (a) Qualifications. The City Attorney shall be a member of The Florida Bar in good standing. (b) Powers and duties. The City Attorney may appoint, suspend or remove such assistant attorneys as may be required. The remainder of the staff of the Office of City Attorney shall be employees of the city, appointed, suspended, or removed under the regular personnel policies and procedures of the City. The City Attorney or his or her designee shall attend all City Commission meetings unless excused by the City Commission, and shall perform such professional duties as may be re- quired by law or by the Commission in furtherance of the law. The City Attorney shall prepare an annual budget for the operation of the Office of the City Attor- ney and shall submit this budget to the City Manager for inclusion m the annual City budget, in accordance with uniform City procedures. (Ord. No. 17-01, § 3, 6-4-200V11-6-2001) Section 8. Elections. (1) Electors. Any person who is a resident of the City, who has qualified as an elector of this state, and wlmxegistese in the manner prescribed by law shall be an elector of the City. Supp. No. 5 CH'P.8 CHARTER (2) Nonpartisan elections. All elections for the Office of Mayor or other City Commissioners shall be conducted on a nonpartisan basis without any $8 8upp. No. 5 CHr:8.1 CHARTER designation of political party affiliation. There shall be no party designation on official ballots, literature, or campaign advertising. (3) Qualifyingforofrrce. Any person who wishes to became a candidate for a City elective office shall qualify with the City Clerk no sooner than 45 calendar days nor later than 35 calendar days prior to the second Tuesday in October of each odd -numbered year. In the event there is estab- lished by general or special law uniform munici- pal election dates for Volusia County, and the governing body of the City of Deltona does not exempt itself from each provisions as; provided in subsection 8. (4), any person who wishes to be- come a candidate for a City elective office shall qualify with the City Clerk no sooner than 45 calendar days nor later than 35 calendar days prior to the uniform primary election date. In addition, candidates shall qualify as provided in section 5(1Xb). (4) Schedule for regular elections and prima- ries. The regular City election shall be the fast Tuesday after the first Monday in November on each odd -numbered year. Such City elections shall be general City elections. If there are more than two candidates who qualify for any office, a pri- mary City election shall be held on the first Tuesday after the first Monday in October. The provisions of this subaection apply unless there is established by general or special law uniform municipal election dates for Volusia County, in which case the election shall be at the time of the uniform election date unless the governing body of the City of Deltona chooses to exempt itself from the requirement for uniform election dates by adopting an ordinance within 60 days of the effective date of this charter or within 60 days of the effective date of the special or general law establishing uniform election dates, whichever is later. (5) Schedule for special elections. (a) An election to fill the remainder of an unexpired term shall be held during the next regularly scheduled election. (b) Special Municipal elections shall be held in the same manner as regular elections, 4s except that the City Commission, by res- olution, shall fix the time for holding of such elections. (6) Determination of election to of we (a) If more than two candidates qualify for an office, the names of those candidates shall be placed on the ballot at the primary election. If any candidate for such office receives a majority of the votes cast in the primary election for the office, he or she shall be deemed to be elected. (b) If no single candidate for an office re- ceives a majority of the votes cast in the primary City election for that office, the two candidates for the office receiving the highest vote in the primary City election shall run again in the regular City elec- tion. Further:. 1. In any primary election in which there is a tie for first place, the name of each candidate shall be placed on the City's general election ballot. 2. In any primary election in which there is a tie for second place and the candidate .placing first did not re- ceive a majority of the votes cast for such office, the name of the candi- date placing first and the name of each candidate tying for second shall be placed upon the City's general election ballot. (c) The candidate receiving the highest num- ber of votes cast for the office in the City's general election shall be elected to such office. If the vote at the general City election results in a tie, the outcome shall be determined by lot. (7) City Canvassing Board. For purposes of canvassing absentee ballots and election results, the City Clerk and a representative from the City designated by the Commission shall be known as the Canvassing Board. At the close of the polls of any City election, the Canvassing Board shall ensure that the absentee ballots are delivered to the Volusia County Supervisor of Elections, and shall meet at the County election headquarters and proceed to canvass the ballots and open them CHT.9 4 9 DELTONA CODE _ i in the presence of a representative of the Super- visor of Elections' office. In addition, after final election results are certified bythe Volusia County Supervisor of Elections, the Canvassing Board shall immediately report the results back to a meeting of the City Commission held for the purpose of final certification and filing with the City Clerk as required by law. (8) Recall of City Commissioners. Any member of the City Commission may be removed from office by the electors of the City following the procedures for recall established by general law. Section 9. Land description. (1) City boundaries. The corporate boundaries of the City shall be as follows: BEGIN at the intersection of the centerline of Dirksen Drive with the Southerly extension of the Westerly limited access right-of-way line of Interstate Highway #4 (1-4) in Section 2, Township 19 South, Range 30 East, Volusia County, Florida, according to the State Road Department of Florida Maps of State Roads in Volusia County Book 2, pages 241 through 259 inclusive (Section No. 7716-401 and 7911-401, Road No. 400) of the Public Records of Volusia County, Florida; run thence Northerly and Northeasterly, along the avid Southerly exten- sion of the Westerlylimited access right -Of -Way line of Interstate Highway #4 and continuing Northeasterly along the Westerly limited ac- cess right-of-way line of said Interstate High- way #4, to its intersection with the North line of the South one-half of Government Lot 7, Section 6, Township 18 South, Range 31 East; thence Easterly, along said North line of the South one-half of Government Lot 7 and con- tinuing Easterly, along the North lines of Lots 32, 33, 34 and 35 and the Easterly extension of the said North line of Lot 35, Yourlando Farms and Groves, according to map in Map Book 10, Pages 227 and 228, Public Records of Volusia County, Florida, to its intersection with the West line of Government Lot 5, Section 5, Township 18 South, Range 31 East; thence Northerly along the said West line of Govern- ment Lot 5, to the Northwest comer of said Government Lot 5; thence Easterly, along the North line of said Government Lot 5, to the Northeast comer of said Government Lot 5; thence Southerly, along the East line of said Government Lot 5, to a point in the North line of the South one-half of Government Lot 6, Section 5, Township 18 South, Range 31 East; thence Easterly, along the said North line of the South one-half of Government Lot 6, to a point that is 590.32 feet West of the Northeast comer of the South one-half of said Govam- ment Lot 6; thence South and parallel with the East line of said Government Lot 6, a distance of 590.32 feet to a point; thence Easterly and parallel with the said North line of the South one-half of Government Lot 6, a distance of 590.32 feet, to the East line of said Government Lot 6; thence Southerly, along the said East line of Government Lot 6 and continuing South- erly along the East line of Government Lot 11 of said Section 5, to the Northwest comer of the South one-half of Government Lot 10, Section 5, Township 18 South, Range 31 East; thence Eaaterly, along the North line of the South one-half of said Goverument Lot 10, to the Northeast comer of said South one-half of Government Lot 10; thence Southerly along the East line of said Government Lot 10, to its intersection with the North line of Section 8, Tbwnehip 18 South, Range 31 East; thence Easterly, along the North line of said Section 8 and continuing Easterly along the North line of Section 9, Township 18 South, Range 31 East, to the Northeast comer of said Section 9, also being the Southwest corner of Section 3, Town- ship 18 South, Range 31 East; thence North- erly, along the West line of said Section 3, to the Northwest corner of said Section 3; thence Easterly, along the North line of said Section 3 and continuing Easterly along the North lines of Sections 2 and 1, Township 18 South, Range 31 East, to the Northeast corner of said Section 1; thence Southerly, along the East line of said Section 1 and continuing Southerly along the East lines of Sections 12, 13, 24 and 25, Town- ship 18 South, Range 31 East, to the Southeast corner of said Section 25; thence Easterly, along the North line of Section 31, Township 18 South, Range 32 East, to the Northeast comer of said Section 31; thence Southerly, along the East line of said Section 31, to ita intersection CHMIO 49 DELTONA CODE NW 1/4 of said Section 2; thence Westerly and parallel with said South line of the NE 1/4 of the NW 1/4, a distance of 100 feet; thence Northerly and parallel with the West line of said NE 1/4 of Section 2, a distance of 100 feet, to the South line of the NE 1/4 of the NW 1/4 of said Section 2; thence Westerly, along said South line of the NE 1/4 of the NW 114 of Section 2, to the West line of the NE 1/4 of the NW 1/4 of said Section 2; thence Northerly, along said West line of the NE 1/4 of the NW 1/4 of Section 2, to the South line of Section 35, 7bwnship 18 South, Range 31 East; thence Westerly, along said South line of Section 35, to the Southeast corner of Section 34, Township 18 South, Range 31 East; thence Westerly, along the South line of said Section 34, to its intersection with the centerline of Battersea Avenue; thence Northerly, along said centerline of Battersea Avenue, to its intersection with the centerline of Fort Smith Boulevard; thence Northwesterly; along said centerline of Fort Smith Boulevard, to its intersection with the centerline of Tradewinds Drive; thence South- westerly, along said centerline of Tradewinds Drive, to its intersection with the centerline of Adler Drive; thence Northerly, along said centerline of Adler Drive, to its intersection with the centerline of Monterey Drive; thence Westerly and Northwesterly along said centerline of Monterey Drive, to the POINT OF BEGINNING. (b) The District boundaries shall be revised every 10 years based upon population figures following the release of census tract data. Section 10. Dissolution of existing districts. (1) Deltona Fire District dissolution: transfer of assets and liabilities; services; personnel; tran. sition ordinances. The Deltona Fire District, an independent special taxing district created by Chapter 69-1707, Laws of Florida, shall cease to exist on December 31, 1995. From that date forward, the City shall have, exercise, and enjoy all rights, immunities, powers, benefits, privi- leges, and franchises now and formerly possessed or held by said Deltona Fire District. Pursuant thereto: (a) 7Fansfer of assets and liabilities. The se - sets, liabilities, and written contracts of the Deltona Fire District, including all rights, obligations, duties, and relation- ships now existing by law or agreement between the special district and other governmental units, shall be unaffected and shall remain in full force and effect and shall become those of the City of Deltona. All rights, claims, actions, or- ders, and all contracts between the spe- cial district and district personnel, and all legal or administrative proceedings mvoly ing the district, shall continue in full force and effect under the jurisdiction of the City of Deltona. (b) Services. 1. 1b the extent not inconsistent with _ this Charter, all resolutions and pol- icies of the Deltona Fire District shall remain in effect until amended, revised, or repealed by the City Com- mission. 2. Fire protection and emergency tech- _ arenas services shall thereafter be a function of the City of Deltona, spe- cifically the Deltona Fire Depart- ment, under the jurisdiction of the City. (c) Personnel. Employees of the Fire District shall become employees of the City, and all rights as to vacation, sick leave, pay grades, retirement, and insurance shall be preserved until such time as merit rules, regulations, and personnel proce- duree have been established by the City. The Deltona Fire District pension board shall remain in effect until such time as the City establishes a new pension board consistent with the rules, regulations, and personnel procedures that have been es- tablished by the City for fire personnel. (d) [Repeal of state law.] Chapters 69-1707, 73-646, 83-533, 84-538 and 90-415, Laws of Florida, relating to the Deltona Fire District are hereby repealed. (2) Deltona Area Municipal Services District. Notwithstanding the incorporation of the City of Deltona, the Deltona Area Municipal Services CHT.22 CHARTER District, a special taxing district created by the Volusia County Council, is authorized to continue in existence and to provide services through De- cember 31, 1995. (3) Unincorporated Area Municipal Services District. Notwithstandingthe incorporation of the City of Deltona, that portion of the Unincorpo- rated Area Municipal Services District created by the Volusia County Council that has within the boundaries of the City of Deltona is authorized to continue in existence through December 31, 1995. Section 11. General provisions. (1) Charter amendment. This Charter may be amended in accordance with the provisions of the Municipal Home Rule Powers Act, F.S. ch. 166, as the same may be amended from time to time, or as may otherwise be provided by general law. The form, content, and certification of any petition to amend shall be established by ordinance. (2) Charter review. (a) The Charter shall be reviewed no sooner {+ than 5 years after the creation of the City of Deltona on December 31, 1995, and thereafter at least every 10 years. (b) A five -member Charter Review Commit- tee shall be appointed and funded by the Deltona City Commission. The Charter Review Committee shall be appointed at least 1 year before the next scheduled general election and complete its work and present any recommendations for change no later than 60 days before the general election. (c) The Deltona City Commission shall hold a minimum of two public hearings on the proposed changes to the Charter prior to placing the proposed changes on the sched- uled general election ballot. (3) Initiative and referendum. At least 25 per- cent of the qualified electorate of the City shall have the power to petition the Commission to propose an ordinance or to require reconsidera- tion of an adopted ordinance, and if the Commis- sion fails to adopt such ordinance ao proposed, or to repeal each adopted ordinance, without any § 13 change in substance, then the Commission shall place the proposed ordinance, or the repeal of the adopted ordinance, on the ballot at the next general election. (4) Standards of conduct. AN elected officials and employees of the City shall be subject to the standards of conduct for public officers and em- ployees set by general law. In addition, the City Commission may, by ordinance, establish a code of ethics for officials and employees of the City which may be supplemental to general law, but in no case may such an ordinance diminish the provisions of general law. Section 12. Severability. H any provision of this act, or the application thereof toany person or .circumstance, is held invalid, the invalidity shall not affect other pro- visions or applications of this act which can be given effect without the invalid. provision or ap- plication and to this end the provisions of this act are declared severable. Section 13. Transition schedule. (1) Referendum. The referendum election called for by this act shall be held on Saturday, Septem- ber 9, 1995, unless there is established by general or special law a uniform municipal election date for Volusia County, in which case the election shall be at the time of the uniform primary election date. At such time the following question shall be placed upon the ballot: "SHALL CHAPTER 9544981, , LAWS OF FLOR- IDA, CREATING THE CITY OF DELTONA AND PROVIDING ITS CHARTER BE AP- PROVEDT' In the event this question is answered affirma- tively by a majority of voters voting in the refer- endum, the provisions of this Charter shall take effect as provided herein. (2) Creation and establishment of City. For the purpose of compliance with Florida Statutes, re- lating to assessment and collection of ad valorem tares, and for the purpose of section 11(2), the City is hereby created end established effective December 31, 1995. 18).VW41) COMMISSION POLICY/PROCEDURE EFFECTIVE DATE: POLICY PAGE SUPERCEDES NUMBER: NUMBER POLICY DATED: 07-15-02 CCO2-001 1 OF 1 N/A Subject: Health Insurance benefits for Adopted by the Deltona City Commission members of City Commission. at the Regular City Commission meeting held on July 15, 2002. Public Service is a demanding endeavor requiring those who pursue it give up much of their free time. Many individuals who make public service part of their lives work, and elect to serve their communities and their residents, may not enjoy certain benefits that, if provided, would help to make public service increasingly more attractive to the public at large. Therefore, consistent with the practices of many similar communities, the City of Deltona will make enrollment in City offered Health insurance plans available to members of its City Commission. This coverage is to be offered under the same guidelines that it is made available to eligible members of the City's staff, as regulated by the respective contract with the Insurance Company, and in agreement with current laws and existing City policies and procedures. However, coverage for City Commission members will be provided with the condition that those who elect coverage must pay 100% ofthe premium cost. Required premiums shall be paid through payroll deduction and as governed by the City's Section 125 Cafeteria Plan as codified by IRS regulations. City of Deltona Mayor and Commission Salary Survey —2003 City Annual Sala Ma or Commissioner/CouncE Daytona Beach $ 19,500 $12,000 Daytona Beach Shores 8,500 7,300 DeBary 6,000 4,800 DeLand 6,600 4,800 Deltona 7,583 5,313 Edgewater 8,600 6,900 Holly Hill 12,000 8,000 Lake Helen 5,000 3,000 New S a Beach 10,070 7,553 Oak HiU 21700 2,700 Oran a Ci 4,800 2 400 Ormond Beach 13,114 10,135 Pierson 2,400 1,800 Ponce Inlet 6,720 6,560 Port Oran a 18,600 13,600 South Da ona 10 800 7,800 Total $142,987 $104661 Average Excerpt from Deltona City Charter: "Section S. City Commission. (6)(a) Compensation. The Mayor and members of the City Commission shall receive annual compensation, payable bi-weekly, equivalent to the average annual salary of the Mayor and Commissioners in the cities within Volusia County. Said compensation shall be identified as a line item within the annual budget and shall be automatically adjusted every two years coincident with adoption of the annual budget." A. tt p� r 1 hgorr. 1 ylwr 4 J 4- . CO11llY Iry �.m^"'S• p MemoOffice of the ('itv Clcrl: FILE COPY To: Fritz Behring, City Manager From: Faith G. Miller, MMC, City Clerk Date: November 17, 2003 Re: Mayor & Commission Annual Salary Per your request, attached is a table listing the current salaries of elected officials within all Volusia County cities, including Deltona, and the average of such salaries for the positions of Mayor and Commissioner/Councilmember. Per the Charter, the Mayor and Commission salaries are to be adjusted every two years coincident with adoption of the annual budget. Based on the information provided by the cities, the Mayor's salary should increase from its current rate of $7,583.13 to $8,936.69 and the City Commission salary should increase from $5,312.60 to $6,541.31. If you should need any additional information, please advise. Thank you. fgm ©k +o ��— C. 0^. - �u.ro.�l.ur.� yyy P Q 9 m N H y H H N y M u m o3g 8 0033 � i i ^�1 =S8S c a ^a v 3 { 3.