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1991.12.17_CRB_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA CHARTER REVIEW BOARD REGULAR MEETING Tuesday. December 17 . 1991 10 : 00 A.M. Chairman Ray Murphy called the Regular Meeting of the Charter Review Board of the Town of Highland Beach, Florida to order in the Commission Chambers at Town Hall at 10 : 00 A.M. Other Members present were Vice Chairman Betty Dodd, Edison Brandt , Leonard Bell , Russell Richardson, Betty Goldenson, Daniel C. Stump, Paul R. Kane, Robert Lowe and Leon J. Canova . Absent was Member Helene Harris . Also in attendance were Town Attorney Thomas E . Sliney, Town Manager Mary Ann Mariano, Commissioner John F. Rand and Town Clerk Anne M. Kowals . Mayor Joseph A. Boulay and Commissioner Arlin Voress arrived as the meeting was in progress . Minutes of the Charter Review Board Meeting of November 19 , 1991 were approved by the members . OLD BUSINESS Continue discussion of Paragraph ( 3 ) of Section 1 . 06 under Article I . General Provisions on page CH-6 Chairman Murphy noted that Members of the Charter Review Board polled residents with regard to term limitations of elected officials . Also noted was Town Manager Mariano' s Memorandum of 12/12/91 to the Charter Review Board (a copy of which is attached to and made a part of these minutes) suggesting language for consideration regarding this issue . Following lengthy discussion, MR. BELL/VICE CHAIRMAN DODD MOVED to accept what was proposed by the Town Manager in her Memo of 12/12/91 . Additional discussion ensued and a roll call vote was taken . Mr. Canova NO Mr . Lowe YES Mr. Kane YES Mr . Stump NO Mrs . Goldenson YES Mr . Richardson NO Mr . Bell YES Mrs . Dodd YES Mr. Brandt NO Dr . Murphy NO The MOTION failed due to a tie vote . Members continued discussing term limitations at length. MR. LOWE/VICE CHAIRMAN DODD made the following MOTION: "No person may serve more than 3 successive terms as mayor. No person may serve more than 3 successive terms as vice mayor. " A roll call vote resulted as follows : eTh Charter Review Board Meeting Minutes December 17 , 1991 Page 2 of 4 Mr . Lowe YES Mr. Kane NO Mr. Canova YES Mrs . Goldenson YES Mr. Stump YES Mr. Brandt YES Mr . Richardson NO Mrs . Dodd YES Mr. Bell YES Dr. Murphy NO The MOTION carried with 7 YES votes . Paragraph (3 ) of Section 1 . 06 under Article I . General Provisions on page CH-6 will read as follows : ( 3 ) No person may serve more than three ( 3) successive terms as a mayor . No person may serve more than three ( 3) successive terms as a vice mayor . NEW BUSINESS Proceed with review of Charter beginning with Article II . Municipal Powers . Section 2 . 01 Enumeration of Powers ( Paragraph 24 ) In addressing paragraph 24 , it was the consensus to change the phrase "and other articles for merchandise" to read "and other articles of merchandise" . Following discussion, MOTION by VICE CHAIRMAN DODD/MR. BRANDT to approve paragraph 24 as amended carried without objection. As suggested by Chairman Murphy, Members addressed paragraph 28 at this time . VICE CHAIRMAN DODD/MR. CONOVA MOVED to leave the paragraph as is . Same carried unanimously. Upon MOTION by MR. STUMP/VICE CHAIRMAN DODD, paragraph 29 is to remain in tact . The MOTION carried without objection . Members reviewed paragraph 25 and approved a MOTION by MR. LOWE/ MR. CANOVA that leaves the paragraph as is . The MOTION was favorably received. In reviewing paragraph 26 , Vice Chairman Dodd noted it was redundant and should be deleted. Following discussion, it was the consensus to readdress paragraph 25 and include ( after disorderly persons ) the following phrase "and all breakers of the peace" in said paragraph . VICE CHAIRMAN DODD/MR. RANG MOVED to approve paragraph 25 as amended. The MOVE carried favorably. Paragraph 25 now reads : "To provide for the arrest, imprisonment and/or punishment of all vagrants and of riotous and disorderly persons , and all breakers of the peace within the town, by day or by night , by warrant or otherwise . To disperse all disorderly assemblies at any time . " Charter Review Board Meeting Minutes December 17 , 1991 Page 3 of 4 MOTION by VICE CHAIRMAN DODD/MR. RICHARDSON to delete paragraph 26 (which is now included in paragraph 25 ) carried unanimously. Members reviewed paragraph 30 . VICE CHAIRMAN DODD/MRS. GOLDENSON MOVED to leave this paragraph as is . Same carried unanimously. Paragraph 31 was reviewed and MOTION was made by MR. BRANDT/VICE CHAIRMAN DODD to keep same in tact . The MOTION carried. Following review of paragraph 32 , it was the consensus to amend same, beginning with line 14 , as follows : " . . . in such manner and convenience as the public safety may require; and to provide for the removal or destruction of any building, structure or addition thereto, which by reason of dilapidation, defect of structure, or any other hazard may have become dangerous to life or property, or which may be newly erected contrary to law. " MOTION by VICE CHAIRMAN DODD/MR. CANOVA approving the placement of ' and convenience ' ( as indicated above ) carried with favorable votes . A MOTION to change ' cause ' to ' hazard' , ( as noted above ) made by MR. BRANDT/VICE CHAIRMAN DODD, was favorably received. The MOVE by VICE CHAIRMAN DODD/MR. RICHARDSON to replace ' have been ' with 'be newly' ( as per above) carried without objection. Paragraph 32 was approved as amended upon MOTION by VICE CHAIRMAN DODD/MR. CANOVA. Same carried unanimously. substantial discussion with regard to paragraph 33 ensued and it was MOVED by VICE CHAIRMAN DODD/MR. STUMP to accept the paragraph as is . The MOVE received unanimous approval . Members reviewed paragraph 34 at length . It was the consensus to change the word ' take ' to ' acquire ' . MR. RICHARDSON/VICE CHAIRMAN DODD MOVED to approve the paragraph as amended. The MOVE carried without objection. In reviewing paragraph 35 , it was noted that ' within ' ( the third word from the end of the paragraph) was misspelled. MOTION was made by VICE CHAIRMAN DODD/MRS. GOLDENSON to have the paragraph stand as written . Same carried unanimously. Paragraph 36 was approved as is upon MOTION by VICE CHAIRMAN DODD/ MR. CANOVA. The MOTION was favorably received. Following review of paragraph 37 , it was the consensus to add the following to the end of the paragraph " . . . . town, only as authorized by the Town Commission" . VICE CHAIRMAN DODD/MRS. GOLDENSON MOVED to approve the paragraph as amended. The MOVE carried unanimously. Charter Review Board Meeting Minutes December 17 , 1991 Page 4 of 4 Brief deliberation regarding paragraph 38 ensued. MR. STUMP/VICE CHAIRMAN DODD MOVED to defer discussion of this matter at the next scheduled meeting in January, 1992 . The MOVE received unanimous approval . Paragraph 39 , reviewed in total , was approved as is upon MOTION by VICE CHAIRMAN DODD/MR. STUMP . Same carried unanimously. Following complete review of paragraph 40, MR. STUMP/VICE CHAIRMAN DODD MOVED to approve same as is . Members accepted the MOVE unanimously. Mr . Brandt extended thanks and appreciation to the Town Commission for the delightul luncheon and reception that was held on Friday, December 13 , 1991 for all Town Boards Members . All Members were in agreement with Mr. Brandt. The next meeting of the Charter Review Board is scheduled for Tuesday, January 21 , 1992 at 10 : 00 A.M. Upon proper MOTION, Chairman Murphy adjourned the Charter Review Board Meeting at 12 : 05 P .M. - APPROVED: Aa" r ( �� Ra �l.F- , M.D. .4117 yAnel; :etty Dodd, i e Chairman • EtT: i . � / ' A i ZL/ . :te: gr - amk ' MEMORANDUM TO : CHARTER REVIEW BOARD FROM : MARY ANN MARIANO, TOWN MANAGER DATE : DECEMBER 12 , 1991 RE : 1 ) SUGGESTED LANGUAGE SEC. 1 . 06 ( 3 ) 2) REFERENDUM QUESTIONS 1 ) After substantial discussions with the Charter Review Board as a whole , as well as discussions with Chairman Murphy and several individual board members , I would suggest the following language be considered in lieu of Sec . 1 . 06 ( 3 ) : "No person may serve more than three ( 3 ) successive terms as Mayor . No person may serve more than three raN ( 3 ) successive terms as Vice-Mayor . No person may serve more than three ( 3 ) successive terms as Commissioner . However, no person may serve more than six ( 6 ) successive terms in any elected office . " 2 ) With regard to questions raised as to which recommended charter amendments must be accomplished by referendum rather than ordinance , I am attaching a copy of a March 31 , 1987 letter written by the Town Attorney clarifying same . I am hopeful the within will assist you in your deliberations . AMa y Ann Mariano, Town Manager MAM/amk cc : Clipboard w/attachment Town Attorney w/attachment ••' .i I7% LAW Or FICCS DILWORTH, PAXSON, KALISH, KAUFFMAN & TYLANOER SUITC 700 w.au•r•.SCAM JR. AL[unORA 3 WWII..(AYnMAN wMITM•N nrOTN•S.CAALM.AM,n O•WM•(MC{ +./101/1•6ACOA < • a[wI1~,•CTLOl0• AMM I.MCo,c - Jmnn M.J•<ovu. JUN14 n.P,TZR•IR• N 1$O EAST PALMCTTO PARK ROAD AN,1M0 ...ANC W.IAOaoA r1/44A.]YTTON JO"N II.SCUL1CC (0{C"T J.MOSS J.°(C: AIWIM ONUS COWIMM0 P.SCVL4T o0M~A N, 1 0,,,,,,•.I•IC_'• CANS A LIMY]• C°WI~Y,QOaO3MITM.! SOCA BATON, FLORIOA 33432.4834 JO•[AN P. +NM(]C.CNV. Cal M. IM JOMM I !r,)M•M 005045(Y. VI,O• [•\IM •C..• fl.000 O C A. *00 •IAN C. C• YICMACL 1.LSANCC] J•NU t 3N.•- 7XL000"( •O MAM !TC/MCN.1.MATY[! (•3055)392.6900 T~OMA!-A COACT.N NICNACL• C• •OS.M AN CMOYA!•.a[°M••O W1I.l1AY J.\COMA30 JVO•Y aCYfY JAW C.ru0Y•M IOSS J. PAL/4 6CACN(3051734.6108 OOM,amC S.t,5(RI• w*CMCCry Platte.x JO"INµI/CGAMIfOw SARA 3.ul( Lannt111M( -- non 0. NIC MAYO M.3CCAa BROwARO COUNTY 4305:121.6900 +0~N G MAL°C"MAN L..L I•.- JOMn•,I.AfOVI(TT(.JN, AOSC•I.w000 J10 ON.. 1.•YOM.C• YICMACL.CA-' TM014]C,!IANC•• .•0]C NT n.NIVCA p WILNNY.I CIIWAM 1C"IC]Af NA.,. CARA O. :oun 5 Stovu• GAOLS A000S5S RCM'. f[LLx 631.720 L,(LIANA C. WMMIL4.II• VIRGINIA N.Y... SART!( YO~f(ITC NMM J...0 IIYAM VICTORIA Y.AO~MNICNI IA AnOC. MARC A.ItAO[CTP AUSTIN P. MAIN{•CN NIC~ARO.1.[O"TNICR !Ar 0.IA[L.•': MARC A. RCI1IRaLIM o(x xwo(3osl3se•ooe Cu L. A,NV3' MOI(A.CO0.•RY MARCYJ.A. ICI WILLIAM 0.0000480• ("ACC 1.~OAC. IAW RCNCC O.M•MICMACL L/CIM•TIl L[NO[I• STCVCW N.5C•C M.NA{LV fMOMA!LA.Cl*S11( MAT 014nNL ,A< CNAIITO/nco A.\(Wm Y.TCMCaa A.A••(cMN("• *IC~AIOSon On-OfTM a"[°OR!P.CuuaO +L[t L.PCA. ant W.CROWN JOMM W.SCMY(N4 11'.11• NIIICR L OIAN.L C Mardi.C•Y11.O.•MONQ PAW.W-u{IOrla• 11CAIC* J.rOII COWA"O S.WA•O(LL JAML3 J.0000CRI O.R•{fON CARL W.NIRIM°C• O•nILL C.CVAM] .ILA••Ilt AVN S.S1C•NSTCIN AICMARO 1...M 5000?S[ IIOCLITY 11On01M0 NOW.Wlt PMISAOCLPMIA.PCMN SYLVANIA 11.05 III•I 171.1000 COVM! A. TN(INANSM MMT A. N RCNN ][CLI/1I1•1 Oat •YILOINO M WILLIAM M.YAIVTAMI •CN•MT0M./(NN1A 11101TM)( I 150.7.11.11lo• COMM{[L RO•[•T W.YAR.] 110 LOCUST COURT CYIIOIn° MARCUS MALL/' March 31 , 1987 ~•""'••°"°• 'A"'°' 1.011111 S.MCI (717I 331'.115 C.CANI/I,JR. A4~S716•MTS!♦ IN IOM•L SOYAIC.•AIT( x10 b1 I. 0.SUISOM • ISIS writ- .n.-. C.non°a COO ,•\ P7 J� WA•I•IMOTOM,O.C7000• L[ONAAO 1 COOK 1,�,: ��\ 1102'111•1350 09 lwAlw IAA J,' 7•\ L Y- (7:--."-, -L.jC•OC•C• mac*.Wirt .101 /, eel • ;....../et S315 TOWN ROAD Hugh Williams , Town Manager /!.i -l.: a 1:::7'31.1*."' 3'J5 Town of Highland Beach PP `;, c'-. 3614 South Ocean Boulevard •%-- Highland Beach, Florida 33431 yc' Re: Town Charter Changes \- Our File No. 01221-26077 Dear Hugh: ` Following up on last month's Town Commission meeting, this will confirm in writing that under Florida Statutes S 166.021(•4 ) (attached) , the following changes cannot be made without a referendum: 1 . changes affecting the exercise of extraterritorial powers ; 2 . changes affecting an area which includes lands within and without the Town; 3 . changes affecting the existence of the Town; 4 . changes regarding the terms of elected officers and the manner of their election; 5 . changes involving the distribution of powers among elected officers ; • 6 . changes regarding appointive boards as prescribed by the charter; 1/Oil-WORTH, PAXSON, KALISH, KAUFFMAN & IYLANOER Hugh Williams , Town Manager March 31 , 1987 Page Two 7 . any change in the form of government ; and 8 . changes in any rights of Town employees . Very tr���ljYyyours , Thomas E. Sliney TES/glo Enclosure cc: Mayor Betty Jean Stewart Town Commissioners Mary Ann Mariano , Town Clerk P. S . The above classifications have been interpreted in many cases by opinions of the Attorney General . These opinions have made somewhat subtle distinctions in many areas . If you desire further amplification , please call me . • MI CIPALITIES MUNICIPALITIES § 166.021 area of rent control. to the extent of any incon• public necessity requires. Op.Atty.Cen.. public service tax. public service tax; 'latency or conflict therewith. A state can del- 073-267, July 17, 1973. base option. egate rent control powers to a municipality but It is not necessary to obtain a special act of nanc:al reports, appro• cannot delegate powers broader than those it the legislature redefining the boundanes of a I auditspossesses. Thus, neither a state nor a munic' municipality to include territory legally and prop dishonored check. pality can enact a rent-control ordinance unless erly annexed under the authority of general or investments. i there exists a public emergency warranting such special law. The annexation ordinance, together a resort to the state's police power, as designat• with the officers'canvass of the election returns. ENT DOMAIN ed by the U.S. Supreme Court. All rights, in- should be recorded in the offices of the circuit 'it domain. • eluding landlord and tenant nghts and rights of court clerk and secretary of state as required by i; uses or purposes. contract and property, and subject to the state's this section. Op.Atty.Cen., 072-54. Feb. 29. police power when emergency conditions exist or 1972. 166, Municipal 1 to 166.17, and 166.021. Powers Parts lto /V, i (1) As provided in article VIII, s. 2(b) of the state constitution, municipalities shall have J. Chapter 166, the governmental. corporate, and proprietary powers to enable them to conduct municipal P government, perform municipal , and render municipal services, and may exer- , cise any power for municipal purposes, except when expressly prohibited by law. ent by ordinance and (2) "Municipal purpose" means any activity or power which may be exercised by the Laws 1969. c. 69-106. state or its political subdivisions. 69-242. 4 1. Laws nsferrcd 44 166.16 to (3) The legislature recognizes that pursuant to the grant of power set forth in article VIII, s. 2(b) of the state constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state legislature may act., except: (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to art. VIII, s. 2(c) of the state constitution; Ho Rule Powers (b) Any'subject expressly prohibited by the constitution; (c) Any subject expressly preempted to state or county government by the constitution or by general law; and g to charter counties, (d) Any subject preempted to a county pursuant to a county charter adopted under the electorate S obtained. authority of art. VIII, ss. 1(g), 3 and 6(e) of the state constitution. y10. 1974. • pal Home Rule Pow • (4) The provisions of this section shall be so construed as to secure for municipalities ye power of the state the broad exercise of home rule powers granted by the constitution. It is the further ;ng special sets or to intent of the Legislature to extend to municipalities the exercise of powers for municipal :act special legislation governmental, corporate, or proprietary purposes not expressly prohibited by the constitu- !oyees. Id. tion, general or special law, or county charter and to remove any limitations, judicially 3-129. a municipality imposed or otherwise, on the exercise of home rule powers other than those so expressly • date on ordinances prohibited. However, nothing in this act shall be construed to permit any changes in a ten days. Op-Atty special law or municipal charter which affect the exercise of exraterritorial powers or 73. which affect an area which includes lands within and without a municipality or any the Municipal Home • changes in a special law or municipal charter which affect the creation or existence of a to municipalities all municipality, the terms of elected officers and the manner of their election, the distrtbu- cr to enact a rrmrgen- tion of powers amongelected officers, matters prescribed by the charter relating to •wiofth thepuex epuo n- •nth the exception of appointive boards, any change in the form of government, or any rights of municipal or preempted by the employees, without approval by referendum of the electors as provided in s. 166.031. rounty charter, or ter Any other limitation of power upon any municipality contained in any municipal charter ilia Act ate latest es to • enacted or adopted prior to July 1, 1973, is hereby nullified and repealed. +e power to regatate . (5) All existing special acts pertaining exclusively to the power or jurisdiction of a when justified by a particular municipality except as otherwise provided in subsection (4) shall become an se of Miami Beta v. ordinance of that municipality on the effective date of this act, subject to modification or longer controls this repeal as other ordinances. -L5, supra, also pre- • .. chapter 83, in the Added by Laws :973, c. 73-129, 4 1, eff. Oct 1, 1973. Amended by Laws 1977, e. 77-174, 4 1, elf. Aug. 2, 1977. 13 MUNICIPALITIES F.S. 1989 ' Ch. 166 F - CHAPTER 166 • MUNICIPALITIES ::- PART I GENERAL PROVISIONS (ss. 166.011-166.046) PART II MUNICIPAL BORROWING (ss. 166.101-166.141) PART III MUNICIPAL FINANCE AND TAXATION (ss. 166.201-166.261) - PART IV EMINENT DOMAIN (ss. 166.401, 166.411) • - c PART I (a) The subjects of annexation, merger, and exer- cise of extraterfltOnal power. which require general or GENERAL PROVISIONS special law pursuant to s.2(c). Art. VIII of the State Con- _ - stitution: 166.011 Short title. (b) Any subject expressly prohibited by the constitu- _ 166.021 Powers. tion;166.031 Charter amendments. (c) Any subject expressly preempted to state or 166.032 Electors. county government by the constitution or by general 166.041 Procedures for adoption of ordinances and law: and c. resolutions. (d) Any subject preempted to a county pursuant to. •166.0415 Enforcement by code inspectors: citations. a county charter adopted under the authority of ss. 1(g), 166.042 Legislative intent. 3. and 6(e), Art. VIII of the State Constitution. - _- 166.0425 Sign ordinances. (4) The provisions of this section shall be so con- 166.043 Ordinances and rules imposing price con- strued as to secure for municipalities the broad exercise trots: findings required; procedures. of home rule powers granted by the constitution.It is the 166.044 Ordinances relating to possession or sale of further intent of the Legislature to extend to municipaii- .. ammunition. ties the exercise of powers for municipal governmentai. o 166.0443 Certain local employment registration pro- corporate.or proprietary purposes not expressly prohib- hibited. ited by the constitution.general or special law,or county 166.0445 Family day care homes: local zoning regula- charter and to remove any limitations.judicially imposed tion. or otherwise,on the exercise of home rule powers other 166.045 Proposed purchase of real property by than those so expressly prohibited.However,nothing in municipality: confidentiality of records: this act shall be construed to permit any changes in a procedure. special law or municipal charter wnicn affect the exer- 166.046 Definitions: minimum standards for cable cise of extraterritorial powers or which affect an area television franchises imposed upon coun- which includes lanos within and without a municipality I ties and municipalities. or any changes in a special law or municipal charter _ which affect the creation or existence of a municipality. 166.011 Short title.—This chapter shall be known the terms of elected officers and the manner of their - I and may be cited as the 'Municipal Home Rule Powers election, the distribution of powers among elected oft- ''s Act.' cers. matters prescribed by the charter relating to ap- io.uer.—,.1.m.73-+29. pointive boards, any cnange in the form of government, • or any rights of municipal employees, without approval , 166.021 Powers.— by referendum of the electors as provided in s. 166.031. • (1) As provided in s.2(b).Art.VIII of the State al. coConstr• Any other limitation of power upon any municipality con- _ tution, municipalities shall have the governmental, cor- tamed in any municipal charter enacted or adopted prior poste- and proprietary powers to enable them to con- erform municipal funs- to July 1. 1973. is hereby nullified and repealed. duct municipal government, p (5) All existing special acts pertaining exclusively to n _ tions, and render municipal services. and may exercise the power or jurisdiction of a particular municipality ex- any power for municipal purposes, except when ex• cept as otherwise provided in subsection (4) snail be- ..t_ • pressly prohibited by law. come an Ordinance Of that municipality On the effective (2) 'Municipal purpose'means any activity or power oate of this act,subject to modification or repeal as oth-• _ = which may be exercised by the state or its political sub• er ordinances. divisions. nnrorn—s i Ch 7-129., 1.cr. "-'r• (3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State 166.031 Charter amendments.— Constitution. the legislative body of each municipality (1) The governing body of a municipality may,bye - has the power 10 enact legislation concerning any sub- don signedinance. Or teby lele tors s of a mu icipality may.alit ed electors p as _ by matter upon which the state Legislature may act, of the last preceding municipal general election,submit - - except: 1006 - i i ,i . 71411r: • 1989 ES. 1989 MUNICIPALITIES Ch. 166 • to the electors of said municipality a proposed amend- or amended by reference to its title only Ordinances to • merit 10 its charter, which amendment may be to any revise or amend shall set out in full the revised or amend• part or to all of said charter except that part describing ed act or section or subsection or paragraph of a section /1� _• me boundaries Of such municipality. The governing or subsection. ( .) body of the municipality shall place the proposed (3)(a) Except as provided in paragraph (c). a pro- • • amendment contained in the ordinance or petition to a posed ordinance may be read by title, or in full, on at vote of the electors at the next general election held least 2 separate days and shall,at east 10 days prior to within the municipality or at a special election called for adoption.be noticed once in a newspaper of general cir- •• such purpose. culation in the municipality. The notice of proposed en. 12) Upon adoption of an amendment to the charter actment shall state the date. time, and place of the • of a municipality by a majority of the electors voting in meeting; the title or titles of proposed ordinances: and • a referendum upon such amendment, the governing the place or places within the municipality where such pony of said municipality shall have the amendment in- proposed ordinances may be inspected by the public. :rid exer• corporated into the charter and shall file the revised The notice shall also advise that interested parties may =neral or Clatter with the Department of State. at which time the appear at the meeting and be heard with respect to the •ale Con- ; revised charter shall take effect. proposed ordinance. (3) A municipality may amend its charter pursuant to (b) The governing body of a municipality may. by a cpnsLtU % this section notwithstanding any charter provisions to two-thirds vote,enact an emergency ordinance without T Me contrary. This section shall be supplemental to the complying with the requirements of paragraph(a)of this e provisions of all other laws relating to the amendment of subsection. However. no emergency ordinance shall be . state cr - municipal charters and is not intended to diminish any enacted which enacts or amends a land use plan or . genera' T substantive or procedural power vested in any munici• which rezones private real property. • • paiity by present law. A municipality may. by ordinance (c) Ordinances initiated by the governing body or its _rsuant tt and without referendum• redefine its boundaries to in- designee which rezone specific parcels of private real cf ss.1(g7. f dupe only those lands previously annexed and shall tile property or which substantially change permitted use said redefinition with the Department of State pursuant categories in zoning districts shall be enacted pursuant 'e so con- j to the provisions of subsection (2). to the following procedure: exerese (4) There shall be no restrictions by the municipality 1. En cases in which the proposed rezoning or :h.It is the en any employee's or employee group's political activity. change in permitted use involves less than 5 percent of -uniciPa'' i Emilie not working, in any referendum changing employ the total land area of the municipality. the governing ernmema,. * ee ngnts. body shall direct the clerk of the governing body to noti- sry profit. } 15) A municipality may, by unanimous vote of the fy by mail each real property owner whose land the mu- ... or count, 1 governing body, abolish municipal departments provid• nicipality will rezone or whose land will be affected by ,.iy imposed 6-o for in the municipal charter and amend provisions or the change in permitted use by enactment of the ordi- zwers othe j language out of the charter which has been judicially nance and whose address is known by reference to the r tr. j rconstrued to be contrary to either the state or federal latest ad valorem tax records. The notice shall state the -a ,' s in a ■ constitution. substance of the proposed ordinance as it affects that ci the exer• fi i�wy.-E. + u5 73-129: I.cm 86-95 property owner and shall set a time and place for one ect an area or more public hearings on sucn ordinance. Such notice -lunici itv I 166.032 Electors.—Any person who is a resident of Pel shall be given at least 30 days prior to the date set for •:pal cnaner a municipality, who has qualified as an elector of this state. and who registers in the manner prescribed by the public hearing,and a copy of the notice shall be kept 'herHunat alitytnei general law and ordinance of the municipality shall be avadahle for public inspection during the regular busy ^her of :neeP y ness hours of the office of the clerk of the governing elec:eC off- aeualified elector of the municipality. - , y29 body.The governing body shall hold a public hearing on ;toting to err the proposed ordinance and may, upon the conclusion government '; 166.041 Procedures for adoption of ordinances of the hearing. immediately adopt the ordinance. -cut apProva' ..W d resolutions.— 2. In cases in which the proposed ordinance deals .n 5. 166.031 (1) As used in this section. the following words and with more than 5 percent of the total land area of the mu- -icipality CO"' terms shall have the following meanings unless some nicipality.the governing body shall provide for public no- 3dopted WIC' Sher meaning is plainly indicated: tice and hearings as follows: ,ealed. -T-(a) *Ordinance"means an official legislative action of a. The local governing body shall hold two adver- exclusively t` Legoverning body, which action is a regulation of a gen- fused public hearings on the proposed ordinance. Both :nicszality ey' =1Y'y and permanent nature and enforceable as a local hearings shall be nerd after 5 p.m on a weekday, and - e4) snail De rn. the first shall be held approximately 7 days after the day -he effective .,--:.7(Di 'Resolution'means an expression of a governing that the first advertisement is published. The second •eoeal as our _11odv concerning matters of administration, an expres- hearing shall be held approximately 2 weeks after the ' 1On of a temporary character, or a provision for the dis• first hearing and shall be advertised approximately 5 _D_Ontion of a particular item of the administrative busi- days prior to the public hearing. The day, time. and r_ of the governing body. place at which the second public hearing will be held pv o' sl2) tach ordinance or resolution shall be introduced shall be announced at the first public hearing. .:y may t - Jilting and shall embrace but one subject and mat• b. The required advertisements shall be no less -nay. by D Property connected therewith. The subject shall be than one-quarter page in a standard size or a tabloid zd electors as "'LTprly stated in the title. No ordinance shall be revised size newspaper, and the headline in the advertisement talon.sub" 1007 n • r'1 Ch. 617 CORPORATIONS NOT FOR PROFIT P.S. poration. The approval of the articles of incorpora- shall always contain the words "corporation notC tion by the Department of State shall be indicated by profit." its endorsement thereof with the date and time of ap- (4) Elect or appoint such officers and agents a • proval on the original. The original shall be filed in its affairs shall require and allow them reasonsbjs_ the records of the department. If a duplicate is re- compensation. ceived with the original, it shall. on receipt of the fee (5) Adopt. change. amend and repeal bylaws,ant required for certified copies. be so endorsed, certified inconsistent with law or its articles of incorporatiai and returned to the person from whom it is received. for the administration of the affairs of the corpo - .. Hi.corr..S.ch.59417:. 10.as.ch.69.106. tion and the exercise of its corporate powers. (6) Increase, by a vote of its members cast as the 617.015 Filing fees.—Upon filing any articles bylaws may direct, the number of its directors, man:- of incorporation, amendment thereof or other paper agers or trustees so that the number shall not be lea, relating to the incorporation, merger. consolidation than three but may be any number in excess thereat, or dissolution of any corporation not for profit with (7) Make contracts and incur liabilities, borno�- the Department of State. the following fees shall be money at such rates of interest as the corporatio¢- paid to it for the use of the state: may determine. issue its notes. bonds and other olili_- (1) A filing fee of$30 for the filing and approval gations,and secure any of its obligations by morcgmp of articles of incorporation. and pledge of all or any of its property, franchises or (2) A fee of 85 in each case for furnishing certified income.copies of articles of incorporation or other documents (8) Conduct its affairs, carry on its operation, concerning a corporation not for profit. and have offices and exercise the powers granted by (3) A fee of 815 in each case for filing papers re- this part in any state. territory,district,or possession lacing to dissolution, amendment of articles of incor- of the United States or any foreign country. poration. or a merger or consolidation agreement. (°) Purchase. take. receive. lease. take by gift,de- In .,..h. s9.1.2.1:, I.ch. .5s„0. :0.35.a.4- 0e:t t4.a. vise or bequest. or otherwise acquire. own, hold, ion- i -t-u.. prove. use, or otherwise deaf in and with real or per- sonal property.or any interest therein.wherever sim- 617.02 Amendment of charter or articles of ated. incorporation.—Any corporation reincorporated (10) Acquire. enjoy, utilize and dispose of pat. I rhereunder may amend its articles of incorporation as encs.copyrights and trademarks and any licenses and provided in the articles. Any corporation heretofore other rights or interests thereunder or therein. incorporated hereunder which has not reincorporated (111 Sell, convey, mortgage. pledge. lease. ex- under s. 617.012. may amend its charter by resolution change. transfer or otherwise dispose of all or any 1 as provided in the bylaws. In any case. the charter or part of its property and assets. articles of incorporation shall be amended and the (12) Purchase. take- receive,subscribe for.or oth- amendment incorporated therein only when the erwise acquire. own, hold, vote, use, employ, sell. amendmenc has been filed with the Department of mortgage. lend. pledge or otherwise dispose of and ! State. approved by it, and all tiling fees have been otherwise use and deal in and with. shares and other e paid. The Department of State shall not approve or interests in. or obligations of. other domestic or for- file any amendment to the charter of a corporation eign corporations, whether for profit or not for profit I heretofore incorporated hereunder which has not re- associations. partnerships or individuals, or direct or t incorporated pursuant to s. 617.012. unless such cor- indirect obligations of the United States, or of any poration has previously filed certified copies of its other government. state. territory, governmental dis- t charter and all amendments thereto with the Depart- trict. municipality, or of any instrumentality thereof. .. ment of State together with an affidavit executed by (13) Lend money for its corporate purposes. in- vest and reinvest its funds, and take and hold real its president stating that such documents constitute copies of the charter of the corporation and all and personal property as security for the payment of A funds so loaned or invested. t amendments thereto. Such certified copies and ac- (14) Make donations for the public welfare or for 1 the Department affidavit shall be received and tiled by religious, charitable, scientific, educational or other ' the Department of State when they are submitted to similar purposes. I it and the tiling fees specified in s. 617.015 are paid. History.—RS 2261:Ga Y2:RGS+501:CGL 6197:,7.ch,59.427:„ it (15) Have and exercise all powers necessary or I :s.ch.69.106. convenient to effect any or all of the purposes for i which the corporation is organized. t 617.021 Corporate powers.—Every corpora- (16) Merge and consolidate with other corpora- tion not for profit organized hereunder, unless other- tions both for profit and not for profit, domestic and _ wise provided in its articles of incorporation or by foreign. provided that the surviving corporation is a law, shall have power to: corporation not for profit. (1) Have succession by its corporate name for the History.—..S.ch.S9.427;L i.eh.73.c::. :.ch.74_10 : period set forth in its articles of incorporation. (2) Sue and be sued and appear and defend in all 617.022 Estoppel; ultra vires.— actions and proceedings in its corporate name to the (1) No body of persons acting as a corporation . r'1, same extent as a natural person. hereunder shall be permitted the want of legal orga • - (3) Adopt and use a common corporate seal and nization as a defense to an action against it as a cot' 1 alter the same: provided, however, that such seal poration, nor shall any person sued on a contract or ; 338