Uiteealgu  efz.Clap CMAErycRRA MmgA--A HOUSE BILL NO. 7-- AN ACT to abolish the present municipality of the Town of La Belle in Glades and Hendry Counties, State of Florida; to create and establish a new municipality to be known as the City of La Belle, Florida; to legalize and validate the ordinances of said Town of La Belle and official acts thereunder; to preserve the-validity and binding force of all the debts, obligations, and liability'or the former town of La Belle to continue the same as the debts, and liability of the City of La Belle;.to fix and provide the territorial limits, jurisdiction and powers of the City of La Belle in Glades and Hendry Counties, State of Florida, and the jurisdiction and powers of its officers; passed by the Legislature of Florida, extra session 1925, as approved by the Governor and filed in this office.  Cmhyhlanla  Lof apilil  fhclla fhstbe 125.  idantlala SCLOBCE  Denth  dayek December  PL    PARTI  CHARTER AND RELATEDI LAWS*  Art. I. InG General, $5 1-4.1 Art. II. City Commission, 88 5-9 Art. II. Officers And Employees, 88 10-16 Art. IV. Elections, 85 17-21 Art. V. Ordinances, 88 22, 23 Art. VI. Franchises, $24 Art. VII. Finances, 88 25, 26 Art. VIII. Bonds, 8827-29 Art. IX. Taxation, $8 30-40 Art. X. Improvements, 88 41--58 Art. XI. Claims Against City, 88 59-61 Art. XII. Miscellaneous Provisions, 88 62-65  ARTICLE I. IN GENERAL Sec. 1. Existing municipality abolished.  their respective offices and to discharge the re- spective duties thereof until their successors are elected and confirmed under the provisions of this act [Charterl, and all existing ordinances of the  The existing municipality of the Town [Cityl of said municipality, not in conflict with the provi- LaBelle, Counties of Glades and Hendry, State of sions of this act [Charterl, shall continue in effect Florida, is hereby abolished. The title, rights and and unimpaired until repealed, amended or modi- ownership of property, uncollected taxes, due, claims, fied by the municipality which is hereby organ- judgments, decrees and choses in action, held or ized and created Isection 2 of this compilation). owned' by the' Town [CitylofLaBelle shall pass to (Laws of Fla. 1925, Ch. 11580, $1) tos succeed the municipality abolished. No obliga- Sec. 2. New municipality created; perpetual obligations shall pass to and be binding upon the da, as its limits have heretofore been established, new municipality which is hereby organized and shall continue to be a body politic and corporate created [section 2 of this compilation). All officers to bel known and designated as the City ofLaBelle, heretofore elected or appointed and holding office and as such shall have perpetual succession, shall *Editor's note-This compilation consists of the following legislative acts affecting the City of LaBelle, Florida, Laws of Florida, 1925, Ch. 10758; Laws of Florida, 1925, Ch. 11580; Laws of Florida, 1927, Ch. 12954; Laws of] Florida, 1929, Ch. 14158; Laws of Florida, 1929, Ch. 14159; Laws of! Florida, 1933, Ch. 16516. A comparative tablei immediately following the Charter shows the disposition of the included acts in this compilation. The provisions of these acts have been arranged by subject matter and numbered consecutively from 1 through 65 for purposes ofi indexing and ease ofr reference. Thel history ofall sections is foundi in the citation enclosed inj parentheses! following eachs section. Where a section or act has been amended, superseded or repealed! by al later act, the amended section will list the amendatory acts in chronological order. Only the latest amendment, however, will be set out herein. The editors have supplied catchlines where necessary, inserted material in brackets where necessary to correct obvious errors or for clarification, and have omitted all titles and enacting, repealing, severability and effective date clauses. Style and capitalization have been made uniform. The powers of amendment pursuant to F.S. Ch. 166 have been exercised in regard to amending charters in effect prior to July 1, 1973. These amendments are indicated by an editors note immediately following the  and be vested in the municipal corporation organ- ized under this act [section 2 of this compilation] tions or contracts of the said municipality includ- ing bonds heretofore issued, shall be impaired or avoided by this act [Charter) but such debts and  succession; seal.  The inhabitants of the City of LaBelle, Flori-  under the said municipality shall continue to hold  amended section and cite the authority inl F.S. Ch. 166.  1    $2  LABELLE CODE  sue and be sued, plead and be impleaded and Sec. 4.1. Same-1969 Exclusion.  shall have and use a common seal. (Laws of Fla. 1925, Ch. 11580, $2) the above section was derived became effective upon approval by the governor onl November 23, 1925.  (a) The portion of Section 5, Township 43 South, Range 29 East, lying north oft the Caloosahatchee rial limits, jurisdiction and powers of the City of LaBelle, Hendry County; provided that nothing in this act [section] shall be construed to relieve any taxes levied by virtue of any bonded indebt- edness now owed. by the City of] LaBelle. (b) When this act. [section] becomes effective the city commission of the City of LaBelle shall hold or exercise no control over the inhabitants; provided however, that the city com- property located in the area the same millage that is assessed against property in the City of LaBelle for the purpose of retiring any bonded indebtedness owed by the city at the time of the assess and collect the millage until the bonds are  Editor's note-Laws of Fla. 1925, Ch. 11580 from which River Canal is hereby excluded from the territo- Sec. 3. Terrtory-Deseription: city may not the area from the assessment, and collection of  alter boundaries.  Thet territory included within the City ofLaBelle as herein established [section 2 of this compila- tion] shall be as follows: Editor's note-Thel boundary description oft the City ofLaBelle has) been deleted but is onf file int the city clerk's office. ipal territorial limits, F.S. Ch. 171. Sec. 4. Same-1929 Exclusion.  or its territory  Statel law reference-Contraction and extension ofr munic- mission shall have authority to assess against  (a) The Southwest quarter of Section 33, and passage of this act [section), and may continue to South, Range 29 East, be, and the same is hereby retired, but shall neither assess nor collect taxes excluded from the territorial limits, jurisdiction, upon the property in said excluded area for any nothing in this act [section] shall be construed to (Laws of Fla. 1969, Ch. 69-1196, 88 1,2) tion of any taxes levied by virtue of any bonded was filed in the office of the Secretary of State July 9, 1969.  the Southeast quarter of Section 32, Township 42  and powers of the City of LaBelle; provided that other purpose.  relieve said area from the assessment and collec- indebtedness now owed by. the City ofLaBelle. (b) When this act [section] shall have gone into effect, the city commission of the City of LaBelle shall hold or exercise no control over the said beginning with the year 1930, the said city com- mission shall have authority to assess against  Editor's note-Laws of Fla., Ch. 69-1196 from which $4.1 is derived became al law without the Goyernor's approval and  ARTICLE II. CITY COMMISSION" sition;incumbents continuing in office. The government and administration of said City  territory or its inhabitants; provided however, that Sec. 5. Government of city vested in; compo- property located in the said area the same mill- of LaBelle shall be vested in a city commission, age that is assessed against property in the City consisting of five (5) commissioners, one ofwhom ofLaBelle for the purpose of retiring any bonded shall be the mayor-commisioner, one of whom indebtedness owing by the City of LaBelle at the shall be the clerk-commissioner; one tax assessor- time the passage of this act [section] and may commissioner; one tax collectorcommissioner and continue to assess and collect said millage until a treasurercommissioner. Present officers of the the said bonds are retiréd; but shall not assess Town [City]ofLaBelle shall hold their respective nor collect taxes upon thé property in the said offices in the City of LaBelle. until their succes-  excluded area for any other purpose. (Laws of Fla. 1925, Ch. 14159, $S 1,2) Editor's note-Laws of Fla. 1929, Ch. 14159 from which the above section is derived was approved on May 23, 1929, and adopted at a referendum held thereafter within the city.  *Cross references-Oficers and employees of city, 85 10-16; terms of office for elective officers," S 17; ordinances, S8 22,23.  2    CHARTER. ANDI RELATED! LAWS  $12  sors are elected and qualified under the provision meeting oft the said city commission, not to exceed  of this act [Charter). (Laws of Fla. 1925, Ch. 11580, $6) Editor's note-Laws of Fla. 1925, Ch. 11580 from which the above section was derived, became effective, upon approval $9. by the Governor, on November 23, 1925. Cross reference-Legislative powers, $6.  thirty (30) meetings in any one year. (Laws of Fla. 1925, Ch. 11580, $7) Cross eference-Compensation for duties as city officials, Sec. 9. Same-For duties as city officials. For work and duties performed by various mem- their official duties as herein set out, other than  Sec. 6. Legislative powers vested in; organi- bers of the city commission in connection with The legislative power of the corporation shall the attending of meetings of the city commission, be vested in the city commission composed of five they shall be entitled to such other and additional (5)r members, the term of office shall be as herein compensation as the city commission shall fix by shall elect one of their members to be president (Laws of Fla. 1925, Ch. 11580, $ 13A)  zation.  prescribed Isection 17 of this compilation), they ordinance. pro-tempore Ivice-mayor) who shall in the absence, disability, suspension or disqualification [of the ers,$8. mayor] preside over the meetings of the city com- mission, and shall have power to enforce such rules as may be adopted by the city commission. (Laws of Fla. 1925, Ch. 11580, $ 17) Cross reference-Govermmenial powers, $5. Sec. 7. Discipline; quorum; meeting.  Cross reference-Compensation for duties as commission- ARTICLE II. OFFICERS AND EMPLOYEES Sec. 10. Creating and abolishing offices. The city commission may by ordinance, create and abolish such other offices necessary or proper for the exercise of the corporate powers of the  (a) The city commission may determine its own town [cityl, as it may deem advisable, appoint rule of procedure and prescribe the punishment of persons to fill the same, prescribe their terms and its members for nonattendance, or disorderly con- compensation and remove such officers at will. duct and enforce the same. The majority of its The city commission may, by ordinance, prescribe members concurring, it may expel a member for the oath to be taken and the bond to be given by shall be required to form a quorum for the trans- (Laws of Fla. 1925, Ch. 11580, $7) journ from day to day and under the provisions of Sec. 11. Removal of officers.  nonattendance or for improper conduct ini the office. (b) Three (3) members of the city commission thereof. action of business, but a small number may ad- the ordinance may compel the attendance of the absent members by fines and penalties.  said officers and fix the amount and conditions  The commission may, on charge of official mis- conduct, or willful neglect of duty, or for misfea-  (c) The city commission shall hold meetings at sance or malfeasance in office, impeach by major- such time and such place in the City of LaBelle ity vote of all the members of the commission as it may determine, but not less than one regu- [and); after trial, on due notice, may remove any  lar meeting each month. (Laws of] Fla. 1925, Ch. 11580, 8 18)  such officer from office. (Laws of Fla. 1925, Ch. 11580, $ 12) Sec. 12. Mayor commissioner-Duties gen- (a) It shall be the duty of the mayor-commissioner  Sec. 8. Compensation-For duties as com-  erally.  missioners.  The salaries oft the said city commissioners shall to attend all the meetings of the city commission be three dollars ($3.00) each for each or every to see that all ordinances are executed. He shall  3    $12  LABELLE CODE  appoint persons to perform, temporarily, the du- accurate minutes of the proceedings of said com- (b) It shall be his duty to suspend any officer, at all times the receipts and disbursements ofa all suspension and giving him notice to appear at the fund sO that his books will, at all times, show the next regular meeting of the commission and an- amount of money to the credit of each fund. held, to report such suspension and the cause rants to be issued and which shall be counter- thereof. If the commission deems the cause suffi- signed by the mayor-commissioner. He shall also cient for removal, it shall remove the suspended keep a record of all warrants issued in their nu- officer. and the vacancy shall be filled as herein merical order and showing this payment and at (c) The mayor-commissioner shall, from time often if required make a written report to the to time, communicate in writing to the city com- commission showing a list of all outstanding war- mission such information and recommend such rants and the balance on hand to the credit of (d) He shall have general supervision over all records, seal, papers and files of the City ofLaBelle. city affairs, and officers, except commissioners, (Laws of Fla. 1925, Ch. 11580, $26) and the manner of conducting their official busi- Sec. 16. City marshal.  ties of any disabled or suspended officer. except commissioners, at any time for gross ne- glect or dereliction of duty, at the same time noti- moneys. fying such officer in writing [of] the cause of his swer thereto. That when said meeting shall be  mission, keep a record of all ordinances passed by the commission, and keep a set of books showing (b) He shall keep a separate account of each (c) The clerk shall also issue and sign all war-  prescribed.  each regular meeting of the commission and more  measures touching the public service and best each fund.  interest of the city as he may deem proper. and may examine into the condition of their office books, records and papers thereof, and therein, ness, and shall perform such other duties as the ordinance of said town [city] may require. (Laws of Fla. 1925, Ch. 11580, SS 14,1 16) Cross reference--City commission, S5 5-9. Sec. 13. Same-Judge of police court. (Laws of Fla. 1925, Ch. 11580, $: 15) Editor's note-Editorially deleted this section on police court as municipal courts were abolished by the Fla. Const.  (d) The clerk shall also be the custodian of all Cross reference--City commission, SS 5-9. The mayor-commissioner marshal, subject to the approval of the city com- mission and the said city marshal shall hold of- fice during the pleasure oft the mayor-commissioner and the city commission. (Laws of Fla. 1925, Ch. 11580, $8)  shall  appoint a city  ARTICLE IV. ELECTIONS* initial election.  Art. V,520(dX4).  Sec. 14. Same-Substitute during absence or Sec. 17. When held; terms of elective officers; commissioner or in his absence, disability, sus- Tuesday in July, A.D. 1926, and on the third pension, or disqualification thej president pro-tempore Tuesday in July, in each year thereafter.  disability.  During any vacancy in the office of the mayor- Ivice-mayor) of the city commission shall discharge the duties of the mayor commissioner. (Laws of Fla. 1925, Ch. 11580, $ 13) Cross reference-City commission, SS 5-9. Sec. 15. Clerk-commissioner.  (a) There shall be an election held on the third (b) The term of the elective officers shall begin on the first Tuesday in August after their elec- tion, and all officers shall hold office for a term of  two (2); years.  (a) The çity clerk clerk-commissioner, shall at- tend the meetings of the city commission, keep 97-107.  *State law reference-Florida Election Code, F.S. Chs.  4    CHARTER AND: RELATED LAWS  $21  (c) The elective officers ofthe said city shall be Sec. 19. Candidates; groupings on ballots; expire on the first Tuesday in August, A.D. 1926, tion as commissioners shall announce for which and their successors shall be elected at the elec- commissioner they are a candidate and on the tion to he held on the third Tuesday of July, A.D. official ballot of any election, such candidate shall 1926. Prior to the first day ofJune, A.D. 1926, the be separated sO that all candidates for mayor present members of the city commission shall commissioner; for clerk-commissioner, assessor- shall at the usual meeting place of the city com- commissioner respectively shalll be grouped under mission, in thej presence of all members of the city their respective heads and the person receiving commission, decide by lot which two (2) members the highest number of votes for the of the existing city commission shall have their offices shall be declared elected to the same. respective terms of office expire on the third Tuesday in (Laws of Fla. 1925, Ch. 11580, 8 13A) was determined, which minutes shall be recorded Sec. 20. Proclamation.  the members of the said city commission; pro- vided, however, that the office of two (2) of the present members of the city commission shall  who shall be deemed elected. Prior to any election, the candidates for elec-  meet with the city marshal and the city marshal  commissioner; colectorcommisioner: treasurer-  August, A.D. 1926, and the city clerk-commis- sioner shall keep a full record of proceedings of such meetings and the manner in which the lot in the minute book of the city commission of the City of LaBelle and all the members of the city  State law reference--Candidats, F.S. Ch. 99.  All elections shall be proclaimed by the mayor-  commission of the City of LaBelle, together with commissioner atl least fifteen (15)days prior thereto, the city marshal shall sign the said minutes and in case of his refusal or omission to make provided, however, that the failure of any city such proclamation the same shall be made by the commissioner to sign the same will not invalidate clerk-commissioner, but no want of proclamation Editor's note-Laws ofI Fla. 1925, Ch. 11580 from which herein prescribed [section 19 oft this compilation). the above section was derived became effective upon approval (Laws of Fla. 1925, Ch. 11580, 8 11)  the proceedings.  shall defeat. in the general election of two [cityl officers receiving the highest number of votes as  (Laws of Fla. 1925, Ch. 11580, S 9) by the governor, on November 23, 1925. Cross reference--City commission, SS 5-9. Sec. 18. Qualifications of candidates. All residents of the City of LaBelle who have registered in the city registration books as may be  Sec. 21. Voting by printed ballots; when gen- eral election law shall apply. (a) All voting at any general or special elec- est number ofvotes cast shall be declared elected. (b) Said town [City ofLaBelle] shall have the turns of said election, any General State Law withstanding, but in the absence of any Florida shall govern.  required by ordinance and who have resided in tions shall be by printed ballot, in the manner the City of LaBelle for one (1) year, shall be provided by the general election laws of the State  eligible to hold any elective office in the City of of] Florida, and the candidates  the receiving high-  LaBelle.  Any candidate for public office in the City of LaBelle elections shall be required to post a tered voters in lieu of the qualifying fee. Ord. No. 94-8, $ 1,9-8-94) Editor's 98.041 et seq. Supp. No. 14  qualifying fee oftwol hundred fifty dollars ($250.00), power to pass ordinances prescribing the form of or in the alternative, shall be required to collect ballot to be used and the manner of calling, the signatures of three (3) percent of the regis- conducting, holding, canvassing and making re- (Laws of Fla. 1925, Ch. 11580, $ 5; Ref. of11-3-92; concerning general elections to the contrary not-  provision election laws of  note--Editorially deleted the poll tax as it is in any such ordinance the State law reference-qualiations of electors, F.S. S (Laws of Fla. 1925, Ch. 11580, $ 10)  unconstitutional. Deleted the registration of electors and qualifications as covered by F.S. $98.041 et seq.  general  State law reference--Voting and ballots, F.S. Ch. 101.  5    $22  LABELLE. CODE  ARTICLE V. ORDINANCES The city commission shall have full power to the govérnment of said City [of] LaBelle].  Sec. 28. Cancellation. 1927, Ch. 12954, $3 3)  (Laws of Fla. 1925, Ch. 11580, $ 23; Laws of Fla. Editor'snote-This: section was editorially deleted as F.S.  Sec. 22. Authorized.  pass such ordinances as it may deem proper for $166.101 is full authority for issuing and canceling bonds. (Laws of Fla. 1925, Ch. 11580, $ 21; Laws of Fla. Sec. 29. Signature; seal; when and where Statel lawreference-Onimane adoption procedure, F.S. (Laws of Fla. 1925, Ch. 11580, $ 24)  1927, Ch. 12954, $1) $166.041.  payable.  Editor's note-This section has been editorially deleted as F.S. S 166.101 et seq. is full authority for borrowing.  Sec. 23. Reading; majority vote required for passage; mayor signing. No ordinance shall be effective until the same passed over his veto as may be prescribed by (Laws of Fla. 1925, Ch. 11580, 8 19) Editor'si note--Editorially deleted thej procedure on adopt- ing ordinances as superseded by F.S. $: 166.041. ARTICLE VI. FRANCHISES Sec. 24. Limitation on. (Laws ofFla. 1925, Ch. 11580, $ 57) Editarsnote-altitaly, deleted this section prohibiting the exercise of powers were: repealed by F.S. 8: 166.021. ARTICLE VII. FINANCESt  ARTICLE IX. TAXATION-  be signed by the mayor-commissioner unless itis Secs. 30--40. Reserved.  ordinance.  ARTICLE X. IMPROVEMENTSHE  Secs. 41-58. Reserved.  ARTICLE XI. CLAIMS AGAINST CITY Editor's note-This section has been deleted as super- Sec. 60. Notice ofi intention to sue city. (Laws of Fla. 1925, Ch. 11580, 8 60) Editor's note-This section has been deleted as repealed  Sec. 59. Disclaimer of seded by F.S. $768.28.  city liability.  af franchise in excess of thirty (30): years as all limitations on (Laws of Fla. 1925, Ch. 11580, $58)  Sec. 25. Depository.  Editor's note-This section was converted to an ordi- by F.S. S 96.241(1973).  nance by operation of F.S. $ 166.021. It has been editorially transferred tot the Code of Ordinances and appears as $2-57. Sec. 26. Deposit and distribution of reve- Editor's. note--This section was converted to an ordi- nance by operation of F.S. $ 166.021. It has been editorially transferred to the Code of Ordinances and appears as $2-56. ARTICLE VIII. BONDS+ Sec. 27. Purposes; paturegreolutonre erendum; refunding bonds. Editor's note-This section has been editorially deleted as F.S. $ 166.101 et seq. is full authority for borrowing. *Cross reference-City commission, SS 5-9. State law reference--Ordinanes, F.S. $ 166.041. 'Cross reference-Taration, SS 30--40. Cross relerence-improvement bonds, $5 56.  nues.  Editor's note-This article has been deleted às super- State law reference-Tlaxation, F.S. Chs. 192--196. "Editor's note-This article was converted to an ordi- nance by operation of F.S. $ 166.021. It has been editorially transferred to the Code of Ordinances and appears as Ch.13 State law referemce-Suppemental and alternative method ofi making local municipal impovememis.S.Ch.IO.  seded by F.S. Ch. 192 et' seq.  of the Code.  Supp. No. 14  6    CHARTER ANDI RELATED: LAWS  $65  Sec. 61. Statute of limitations on causes of (Laws of Fla. 1925, Ch. 11580, S 59) Editor's note-This section hasl been deleted as superceded ARTICLE XII. MISCELLANEOUS  as may be necessary and incident to the execution of this power. (Laws of Fla. 1925, Ch. 11580, $25) Editor's note-The powers listed ini thiss section other than extraterritorial powers have been editorially deleted as the state constitution and F.S. Ch. 166 which converted all po- wers to ordinances have granted broad home rule powers to Sec. 64. Municipal powers under general law. In addition to the rights, powers and privileges herein conferred upon said City of LaBelle, the  action.  by F.S.5768.28.  cities.  PROVISIONS  Sec. 62. General powers.  The City of LaBelle shall have and enjoy the said municipality is hereby invested with all rights, rights, privileges and powers which are granted powers and privileges of a municipal corporation, toi incorporated cities by the Constitution and Gen- on, under and by virtue of the general laws oft the eral Laws of the State of Florida. Among the State of Florida now in force or which may here-  powers, as above set forth the City of LaBelle after be passed.  shall have the power:  (Laws ofFla. 1925, Ch. 11580, $ 61) Editor's note-Laws of Fla. 1925, Ch. 11580, from which by the governor, on November 23, 1925.  (1) To provide the city with waterworks and the boundaries of the city;  electric light plant, to be within or beyond the above section was derived, became effective, upon approval (2) Toj provide for the enclosing, improving and Sec. 65. Livestock running at large. regulating of public grounds belonging to (Laws of Fla. 1925, Ch. 10758, $1)  the city, in or out of the corporate limits. (Laws of Fla. 1925, Ch. 11580, $4)  Editor's note-The powers listed in this section havel been editorially deleted as the state constitution and F.S. Ch. 166  Editor's note-The powers listedi in this section other than which converted all powers to ordinances have granted broad  extraterritorial powers have been editorially deleted as the home rule powers to cities.  state constitution and F.S. Ch. 166 which converted all po- wers to ordinances have granted broad home rule powers to Sec. 63. Power to pass ordinances. The city, acting through its city commission shall have the power to pass all such ordinances (1) To provide for the inclosing [enclosingl, im- proving and regulating of all public grounds belonging tot the town [cityl within or beyond (2) To provide the city with a system of wa- terworks and a system of drainage and sew- erage, extend or modify the same within or beyond the territorial limits of the city, and to acquire and hold by grant, lease, purchase, conveyance or otherwise all such rights or privileges, corporal or incorporal  cities.  as may be necessary:  its corporate limits;  (The next page is 57]  7    ***Official*** HENDRY COUNTY  CERTIFICATE OF COUNTY CANVASSING BOARD  We, the undersigned, DARRELL HILL, County Judge, BRENDA HOOTS, Supervisor of Elections, DARRELL HARRIS, Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 27th day of March, 2020, and proceeded publicly to canvass the votes given for the City of LaBelle, Charter Amendment One, Terms of Office, herein specified at thel Presidential Preference Primaryh held ont the Seventeenth day of March, 2020 A.D., as shown by the returns on file in the office of the Supervisor of  Elections. We dol hereby certify froms saidr returns as follows: Thet total number of votes int the Referendum was 387.  Yes received 209 votes Nor received 178 votes  Darrell Hill, County Judge  Kdbts  Brenda Hoots, Supervisor of Elections  Danullhn  Darrell Harris, Board of County Commissioners    CITY OF LABELLE, FLORIDA ORDINANCE NO. 19-26  AN ORDINANCE OF THE CITY OF LABELLE, FLORIDA, CALLING FOR AND ORDERING A BINDING REFERENDUM TO BE HELD IN THE CITY OF LABELLE ON MARCH 17, 2020; TO DETERMINE WHETHER A MAJORITY OF THE ELECTORS VOTING IN SUCH REFERENDUM ARE IN FAVOR OF CERTAIN PROPOSED CHARTER AMENDMENT; ESTABLISHING THE DATE OF THE REFERENDUM FOR THE CHARTER AMENDMENT TO BE HELD ON MARCH 17, 2020; REQUESTING THAT THE HENDRY COUNTY SUPERVISOR OF ELECTIONS CONDUCT THE ELECTION IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS; PROVIDING BALLOT LANGUAGE; DIRECTING THAT THE NOTICE OF ELECTION BE PREPARED AND PUBLISHED; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY, SCRIVENER'S ERRORS AND AN  EFFECTIVE DATE.  WHEREAS, the City of LaBelle was incorporated in 1925 by Special Act of the Florida Legislature Laws of Florida Chapter 11580 approved by the Governor  on November 23, 1925; and  WHEREAS, Chapter 166, Florida Statutes, provides for the methodology for Charter amendments where such amendments may be submitted to a referendum vote by the municipal governing body, in an ordinance format; and WHEREAS, since incorporation Section 17 of the City Charter has required that the terms of city commissioners shall be fixed at two (2) years; and WHEREAS, the Hendry County Supervisor of Elections has reported to the City Commission that voter participation rates historically been low during odd year elections where no statewide or national election coincides with the City  election; and  WHEREAS, the Supervisor has also provided the City Commission with historical data indicating that no contested election has resulted in the removal of  an incumbent Commissioner in recent memory; and  WHEREAS, the in consideration of the Supervisor's data and recommendations, the City Commission desires put to the electors whether the Commission's terms should be set at four (4) years to coincide with state, federal, and countywide even-year elections to encourage greater participation in  government by potential candidates and the electorate; and  Page 1 of5    WHEREAS, on November 14, 2019 the City Commission conducted a first reading of this Ordinance to ascertain whether amendments changing portions of the initial Charter should be considered by the electors at a referendum on the  March 17, 2020 ballot; and  WHEREAS, pursuant to Section 166.031, Florida Statutes, and following the City Commission's review, the City of LaBelle has caused the final drafting and preparation of the proposed amendments to the City Charter for submission  tot the electors of the City in a duly called and held referendum. THE CITY OF LABELLE HEREBY ORDAINS:  SECTION 1.  The above recitals are true and correct and incorporated  herein by this reference.  SECTION 2.  The City Commission hereby calls for and orders the holding of a binding referendum for the qualified electors of the City ofl LaBelle to be held on March 17, 2020 to decide whether a majority of the electors voting therein approve to amend the Charter as proposed. All qualified electors residing in the City of LaBelle on the date thereof shall be entitled and The Hendry County Supervisor of Elections shall conduct the referendum. Balloting shall occur at regular times and places for City elections or as otherwise provided by the Hendry County Supervisor of Elections in accordance with applicable law. Early voting may be provided as authorized The City of LaBelle shall reimburse the Hendry County Supervisor of Elections for any costs of the referendum. The notice of the election shall be published in accordance with Section 100.342, Florida Statues, in a newspaper of general circulation within the City at least thirty (30) days prior to the election. The first publication to be in the fifth week prior to the election with the second in the third week The proposed ballot titles and questions for each Referendum Item proposed herein to be placed on the ballot are fully described below; however the City Council reserves the right to further amend the ballot titles and questions, but not the Charter amendments themselves, if necessary to clarify the intent of the proposed revisions for the voting  permitted to vote in such referendum.  SECTION 3.  by law.  SECTION 4. SECTION 5.  prior to the election.  SECTION 6.  Page 2 of5    public; any such proposed changes must be made by Resolution of the Council prior to ballot finalization by the Hendry County Supervisor of Elections. The ballot language  shall be as follows:  OFFICIAL BALLOT CHARTER AMENDMENTS CHARTER AMENDMENT ONE TERMS OF OFFICE  CITY OF LABELLE, HENDRY COUNTY, FLORIDA  Section 17 of the City Charter shall be clarified and amended to change the terms for future Mayor and Commissioners from two (2) year to four (4) year terms. This change does not extend the current terms of any elected official.  YES NO  SECTION7.  The proposed amendment to the Charter is attached as Exhibit "A" to this Ordinance, and is incorporated into this The appropriate city officials are hereby authorized and directed to take such actions as necessary to effectuate the provisions of this Ordinance and provide public notice of the This Ordinance shall take effect thirty (30) days from its  Ordinance.  SECTION 8.  referendum in accordance with law.  SECTION 9.  adoption date.  [The Remainder of the Page is Blank]  Page 3 of5    PASSED AND DULY ADOPTED this 12th day of December, 2019.  CITY COMMISSION OF THE CITY OF LABELLE, FLORIDA David A. Lyoyis, Mayor   ATTEST: By:  ena F4 Thomas A. Smith, Clerk-Commissioner:  APPROVED AS TO FORM AND LEGAL SUFFICIENCY:  By: ZNAY  DerekRooney, City Attorney -  Vote: Mayor Lyons Commissioner Smith Commissioner Wilkins Commissioner Akin Commissioner Zimmerly  AYE  -  Page 4 of5    EXHIBIT A  CHARTER REFERENDA AMENDMENT  The proposed referenda language would amend the City of LaBelle City Charter, as shown by strikethroughs to delete existing text and by underlining Sec. 17.- When held; terms of elective officers; initial election. (a) There shall be an election held on the third Tuesday in July, A.D. 1926, (b) The term of the elective officers shall begin on the first Tuesday of the month following in August after their election and certification of results, and all officers shall hold office thereafter for a term of four (4) twe(2) years. 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POtRVaHdate-tne-proeeedgs:  Page 5 of5