Settlement Name

Clermont

Province, Territory, or State

Florida

Country

USA

Has Policy?

Yes

Policy

Clermont, Florida, Code of Ordinances
PART I CHARTER



PART I
CHARTER1
ARTICLE I. [CITY BOUNDARIES; CORPORATE AUTHORITY]
Sec. 1. [City created; boundaries.]
The City of Clermont, Lake County, Florida heretofore created and existing under the laws of the State of Florida is hereby abolished and there is hereby established the City of Clermont, Lake County, Florida which shall have the identical territorial boundaries as the former city as set forth in Chapters 8926, Acts of 1921, § 1; Chapter 10430, Acts 1925, § 1; Chapter 12614, Acts 1927, § 1; Chapter 15672, Acts 1931, § 1; Chapter 19743, Acts of 1939,
§ 1; Chapter 21152, Acts 1941; Chapter 24434, § 1, Acts 1947 [as follows:]
Beginning at a point 1016 feet north and 231 feet east of the southwest (SW) corner of Section 18, Township 22 South of Range 26 East of the Tallahassee Meridian in Lake County, Florida, on the east shore of Lake Minneola, being the point where the centerline of Division Street (as shown on a copy of a map of the townsite of Clermont made by A. F. Wrotnowske, C.E., dated July 1884, recorded in Plat Book, 3, Page 5, Public Records of Lake County, Florida) intersects the shoreline of the said Lake Minneola; thence east along the centerline of Division Street to the intersection of said centerline with the eastern boundary line of Section 18, Township 22 South, Range 26 East, thence south along the eastern boundary line of said Section 18, to the northeast corner of Section 19, Township 22 South, Range 26 East, thence south along the eastern boundary line of said Section 19 to the intersection of said boundary line with the centerline of Highland Avenue, as represented and shown on the Official Map of the City of Clermont, duly recorded in Plat Book 8, Pages 17 to 23 inclusive, Public Records of Lake County, Florida. Thence south along the centerline of said Grand Highway to a point at the intersection of the northern right-ofway line of Florida State Road No. 50 and the centerline of Grand Highway, thence run east along the northern right-of-way of Highway No. 50 to a point due north of the northeast corner of Tract 24, Section 29, Township 22 South, Range 26 East (according to the Plat of Lake Highlands), run thence south and along the eastern line of said
Tract 24 and Tract 25, continue south to a point that intersects the eastern right-of-way line of U.S. Highway 27 (State Road No. 25), thence southeasterly along said eastern right-of-way line to a point that intersects the southern line of Section 29, Township 22 South, Range 26 East; thence west along the southern line of said Section 29, Township 22 South, Range 26 East, to the southwest corner of said section, thence continue west along the southern line of Section 30, Township 22 South, Range 26 East to the water's edge of Lake Minnehaha; thence run west 10 degrees north across Lake Minnehaha to a point that is due south of a point where the north and south midsection line of Section 26, Township 22 South, Range 25 East, intersects the north shore of Lake Minnehaha, thence run due north to the last aforedescribed point, thence run westerly and northerly, a meandering line, along

1Editor's note(s)—Printed herein is the Charter of the City of Clermont, Florida, as adopted by Laws of Fla. ch. 671217. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets.
State law reference(s)—Municipal home rule powers, F.S. ch. 166.
Clermont, Florida, Code of Ordinances Created: 2025-12-15 13:11:39 [EST]
the north shore of Lake Minnehaha and along the east shore of Lake Palatlakaha to the east line of the Palatlakaha Canal; thence in a northeasterly direction along the eastern shore of the Palatlakaha Canal Hiawatha; thence in a northeasterly direction, a meandered line along the shore of Lake Hiawatha to a point on the shore of Lake Minneola, said point being 154 feet, more or less, south and 126 feet, more or less, east of the centerline of the south end of the county bridge across the Palatlakaha River, on the public road leading from Clermont to Groveland, which said point is 10 feet of the center of the track of the A.C.L. R.R.; thence North 75 degrees 08 minutes East 6,004 feet, more or less, to the point of beginning.
(Laws of Fla. ch. 73-433, § 1)
Editor's note(s)—The legal description of the city has been amended by the annexations adopted which are on file in the city clerk's office.
Sec. 2. Powers of the city.
The City shall have all powers possible for a city to have under the Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter.
State law reference(s)—Municipal home rule powers, F.S. ch. 166.
Sec. 3. Construction of powers.
The powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power[s] stated in the article.
Sec. 4. Intergovernmental relations.
The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof.
State law reference(s)—Intergovernmental programs, F.S. ch. 163.
Sec. 5. Chamber of Commerce.
[Editorially deleted.]
(Laws of Fla. ch. 69-959, § 2; Ord. No. 140-C, § 1(b), 10-28-1975)
Editor's note(s)—This section authorizing the levy of a tax for supporting a chamber of commerce has been editorially deleted as all taxes must be authorized by general law, Fla. Const. art. VII, § 1(a).
ARTICLE II. [THE CITY COUNCIL]

Sec. 6. The Council.
(a) Composition. There shall be a City Council composed of five (5) members to be elected by the qualified voters of the city.
(b) Council seats. There shall be five (5) council seats numbered 1 to 5 consecutively. Any elector of the city may qualify for any one of the said five (5) seats. The present members of the city council shall hold their seats for the term of office for which they have been elected. Seats numbered 1, 3 and 5 shall be up for election for a period of two (2) years the first Tuesday after the first Monday in November 1984 (and every evennumbered year thereafter). Seats 2 and 4 shall be up for election the first Tuesday after the first Monday in November 1985 (and every odd-numbered year thereafter). However, Seat number 3 shall henceforth be designated as the Mayor-Councilman's Seat, and the person elected to that seat shall serve as Mayor for his two-year term. He shall assist in developing community policies and work with the Council to develop these policies and interpret them to the public. He shall represent the City at official functions, appoint advisory committees, coordinate their work, and maintain contact with other governmental agencies and civic groups.
(c) Term and term limits. Each City Council Member shall be elected for a term of two years. No person shall be elected to the City Council for more than four consecutive two (2) year terms. Provided, however, that the term limits herein shall not limit a present council member from being elected to four consecutive two (2) year terms after the effective date of the amendment or, if elected to Seat 1, 2, 4 or 5, after his or her election or appointment to Seat 3, or prohibit the Council from appointing a person to fill a vacancy on the City Council as set forth in the Charter.
(d) Qualifications. In qualifying for election to the City Council, including Mayor-Council Member, each candidate shall designate the seat for which he or she intends to run. One candidate shall be elected for each seat, but no person shall qualify for more than one seat at any one election. Effective for the election of 2020 for Seats 1, 3, and 5 and the election of 2021 for Seats 2 and 4, each candidate shall have been a qualified elector of the city for a minimum uninterrupted period of eighteen (18) months preceding the date of qualification.
(Laws of Fla. ch. 69-959, § 3(a), (b); Laws of Fla. ch. 73-433, § 2; Ord. No. 140-C, § 1(c)—(f), 10-28-1975/12-2-1975; Ord. No. 234-C, § 1(a), (b), 5-24-1983/12-6-1983; Ord. No. 2019-22, § 1, 5-28-2019/11-5-2019)
Editor's note(s)—Former Subsections (c) and (d) were editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). Subsection (c) is section 2-19 and subsection (d) is section 2-20 in the Code of Ordinances.
Sec. 7. Compensation.
The Council may determine the compensation of councilmen by ordinance, but no ordinance increasing such compensation shall become effective until the date of commencement of the terms of councilmen elected at the next regular election. Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties of office.
(Ord. No. 140-C, § 1(g), 10-28-1975/12-2-1975)
Sec. 8. Mayor pro tem.
The Council shall, at its first regular meeting in January of each year, elect a Mayor pro tem from their number. The Mayor pro tem shall act as Mayor during the absence or disability of the Mayor.
(Ord. No. 140-C, § 1(h), 10-28-1975/12-2-1975)
Sec. 9. General duties and powers.
All powers of the city shall be vested in the Council, except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law.
Sec. 10. Prohibitions.
(a) Holding other office. Except where authorized by law, no councilman shall hold any other city office or employment during the term for which he was elected to the Council, and no former councilman shall hold any compensated appointive city office or employment until one year after the expiration of the term for which he was elected to Council.
(b) Appointments and removals. Neither the Council or any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the manager or any of his subordinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees.
(c) Interference with administration. Except for purposes of inquiry, the Council or its members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.
(d) Reserved.
(Laws of Fla. ch. 69-959, § 4; Ord. No. 140-C, § 1(i)—(k), 10-28-1975/12-2-1975; Ord. No. 224-C, § 1, 11-9-1982/12-
7-1982)
Sec. 11. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of a councilman shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office.
(b) Forfeiture of office. A councilman shall forfeit his office if he:
(1) Lacks at any time during his term of office any qualification for the office prescribed by this Charter or by law;
(2) Willfully violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three consecutive regular meetings of the Council without being excused by the Council.
(c) Filling of vacancies.
(1) If a vacancy for Seats 1, 2, 4 or 5 occurs within a six-month period prior to a general election, the Council shall appoint a qualified person to fill the vacancy until the general election at which time the seat will be up for election.
(2) If a vacancy in Seats 1, 2, 4, or 5 occurs more than six (6) months prior to the next general election, the Council shall declare a special election to fill the vacancy for the balance of the term.
(3) If a vacancy in Seat 3 occurs within a six-month period prior to a general election, the Mayor pro tem shall serve as Acting Mayor until the next general election, at which time a Mayor shall be elected for the unexpired portion of the existing term or to a full term, whichever is applicable. The Council shall
elect an acting temporary Mayor pro tem from their number who shall act only so long as the Mayor pro tem is serving as Mayor. The Council shall appoint a qualified person to fill the vacant seat. That person so appointed shall serve as temporary councilman only until a Mayor is elected.
(4) If a vacancy in Seat 3 occurs more than six (6) months prior to the next general election, the Council shall declare a special election to fill the vacancy to serve for the balance of the term. The Mayor pro tem shall serve as Acting Mayor until a mayor is elected and then will resume his duties as Mayor pro tem.
(Ord. No. 140-C, § 1(l), (m), 10-28-1975/12-2-1975)
Sec. 12. Resign to run.
No individual may qualify as a candidate for public office who holds another elective or appointive office, the term of which or any part thereof runs concurrently with the term of office for which he seeks to qualify without resigning from such office not less than ten (10) days prior to the first day of qualifying for the office he intends to seek. Said resignation shall be effective not later than the date upon which he would assume office, if elected to the office to which he seeks to qualify, the expiration date of the term of the office which he presently holds, or the general election day at which his successor is elected, whichever occurs earliest. Said resignation shall create a vacancy in said office thereby permitting persons to qualify as candidates for nomination and election to that office in the same manner as if the term of such public officer were otherwise scheduled to expire. (Ord. No. 140-C, § 1(n), 10-28-1975/12-2-1975)
State law reference(s)—Resign to run for certain offices, F.S. § 99.012.
Sec. 13. Judge of qualifications.
The Council shall be the judge of the election and qualification of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Decisions made by the Council under this section shall be subject to review by the courts.
(Ord. No. 140-C, § 1(o), 10-28-1975/12-2-1975)
Sec. 14. City Clerk.
The City Manager shall appoint a City Clerk, subject to approval by a majority vote of the Council. The City Clerk so appointed shall act as Clerk of the City Council; shall take minutes of all regular and special council meetings; shall give notice as required by this Charter of all council meetings; shall keep a record of all ordinances and resolutions; shall perform whatever other duties assigned to him by the City Council. The City Manager shall have the authority to appoint Deputy Clerks. (Ord. No. 140-C, § 1(p), 10-28-1975/12-2-1975)
Sec. 15. Finance Director.
The City Manager shall appoint a Finance Director, subject to approval by a majority vote of the Council. The Finance Director shall assist the City Manager in the general accounting and financial affairs of the City.
(Laws of Fla. ch. 73-433, § 3; Ord. No. 140-C, § 1(q), 10-28-1975/12-2-1975)
Sec. 16. City officers; bond.
The City Manager and the City Clerk (and any City officers and employees that the Council deems necessary), shall be required to give such bond as the Council may prescribe at the City's expense.
(Ord. No. 140-C, § 1(r), 10-28-1975/12-2-1975)
Sec. 17. Independent audit.
The Council shall provide for an independent annual audit of all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The Council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section.
(Ord. No. 140-C, § 1(s), 10-28-1975/12-2-1975)
State law reference(s)—Annual audit required, F.S. §§ 166.241, 218.32 et seq.
Sec. 18. Procedure.
(a) Meetings. [Editorially deleted.]
(b) Rules and journal. [Editorially deleted.]
(c) Voting. Voting shall be by voice vote on all matters except ordinances or upon call of any member of the Council in which case the vote will be by roll call. Councilmen may request that the minutes reflect the reasons they voted a certain way.
(Ord. No. 140-C, § 1(t), 10-28-1975/12-2-1975)
Editor's note(s)—Subsections (a) and (b) of this section has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). Subsection (a) is section 222 and subsection (b) is section 2-23 in the Code of Ordinances.
Sec. 19. Reserved.
Editor's note(s)—Ord. No. 140-C, § 1(u), enacted October 28, 1975, and by referendum on December 2, 1975, provided that § 19 be "Reserved." Such section pertained to actions requiring an ordinance and was derived from Laws of Fla. ch. 67-1217, art. II, § 14.
Sec. 20. [Adoption of ordinances and resolutions.]
(a) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act, section, subsection, or paragraph of a section or subsection.

(b) (1) A proposed ordinance may be read by title, or in full, on at least two (2) separate days and shall, at least fourteen (14) days prior to adoption, be published once in a newspaper of general circulation in the municipality. The notice of proposed ordinance shall state the date, time, and place of the meeting, the title or titles of proposed ordinances and the place or places within the municipality where such proposed ordinances may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
(2) The City Council with a two-thirds (⅔) vote may enact an emergency ordinance without complying with the requirements of paragraph (1) of this subsection. Such emergency ordinance shall be introduced in writing and shall be effective only for a period of sixty (60) days, at which time it will automatically be repealed.
(c) The majority of the members of the Council shall constitute a quorum. The affirmative vote of the majority of a quorum present shall be necessary to enact any ordinance or adopt any resolution, provided that a twothirds (⅔) vote of the members of the Council is required to enact an emergency ordinance. On final passage, the vote of each member of the Council voting shall be entered on the official record of the meeting. All ordinances or resolutions passed by the Council shall become effective ten (10) days after passage or as otherwise provided therein.
(d) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose, and shall be signed by the presiding officer and the Clerk of the Council.
(Laws of Fla. ch. 73-433, § 1; Ord. No. 140-C, § 1(v), 10-28-1975/12-2-1975)
State law reference(s)—Minimum mandatory procedure for adoption of ordinances and resolutions, F.S. § 166.041.
Secs. 21, 22. Reserved.
Editor's note(s)—Ord. No. 140-C, § 1(w), (x), enacted October 28, 1975, provided that §§ 21 and 22 be "Reserved." Said sections pertained to emergency ordinances and the adoption of codes of technical regulation, and were derived from Laws of Fla. ch. 67-1217, art. II, §§ 16, 17.
Sec. 23. Authentication and recording; codification; printing.
(a) Authentication and recording. The City Clerk or Finance Director shall authenticate by his signature and record in full a properly indexed book kept for that purpose all ordinances and resolutions adopted by the Council.
(b) General ordinances codification. General ordinances shall be codified within one year after adoption. This provision shall not apply to special, miscellaneous or emergency ordinances.
(c) Printing of ordinances and resolutions. [Editorially deleted.]
(Ord. No. 140-C, § 1(y), (z), 10-28-1975/12-2-1975)
Sec. 23.1. Executing legal instruments.
All deeds, leases, easements, contracts, or any other legal instruments authorized by the Council shall be signed by the mayor and attested to by the City Clerk.
(Laws of Fla. ch. 69-959, § 5)
PART I - CHARTER
ARTICLE III. NOMINATIONS AND ELECTIONS



ARTICLE III. NOMINATIONS AND ELECTIONS3
Sec. 24. City elections.
(a) Regular elections. The regular city election shall be held on the first Tuesday after the first Monday in November of each year.
(b) Qualified voters. All citizens qualified by the constitution and laws of the State of Florida to vote in the city and who satisfy the requirements for registration prescribed by law shall be qualified voters of the city within the meaning of this Charter.
(c) [Held according to state election laws.] Elections shall be held in accordance with the general election laws of the State of Florida.
(Laws of Fla. ch. 69-959, § 6; Ord. No. 140-C, § 1(aa), 10-28-1975/12-2-1975; Ord. No. 234-C, § 1(c), 5-24-1983/12-
6-1983; Ord. No. 274-C, § 2, 6-9-1992)
Sec. 25. Reserved.
Editor's note(s)—Ord. No. 324-C, § 3, adopted May 13, 2003, repealed § 25 in its entirety, which pertained to primary elections and derived from Ord. No. 234-C, § 1(d), adopted May 24, 1983 (effective December 6,
1983), and Ord. No. 274-C, § 3, adopted June 9, 1992. The issue of primary elections is addressed in § 14-7.
Secs. 26, 27. Reserved.
Editor's note(s)—Ord. No. 140-C, § 1(bb), (cc), enacted October 28, 1975, provided that §§ 26, 27, relative to ballots for ordinances and charter amendments and voting machines, be "Reserved." These sections were derived from Laws of Fla. ch. 67-1217, Art. III, §§ 3, 4.
Sec. 28. Availability of list of qualified voters.
[Editorially deleted.]
Editor's note(s)—This section which has not been amended by referendum after July 1, 1973, and which is not extraterritorial powers has been editorially deleted as unnecessary as contained in F.S. § 99.095.
ARTICLE IV. RESERVED4

3State law reference(s)—Florida election code, F.S. chs. 97—106.
4Editor's note(s)—Ord. No. 153-C, § 3, enacted August 10, 1976, as approved by the Chief Justice of the Supreme Court of Florida August 17, 1976, repealed former Art. IV, § 29, pertaining to the municipal court and derived from Laws of Fla. ch. 67-1217, Art. IV, § 1; Laws of Fla. ch. 74-433, § 5 and Ord. No. 140-C, § 1(dd), enacted October 28, 1975.
Clermont, Florida, Code of Ordinances



Secs. 29, 30. Reserved.
ARTICLE V. CITY MANAGER
Sec. 31. City manager—Appointment; removal; qualifications; participation by council regarding administrative services.
(a) The Council shall appoint as an officer of the city, a person who shall have the title of "City Manager" and shall have the powers and perform the duties provided in this chapter [Charter]. No councilman shall receive such appointment during the term for which he shall have been elected, nor within one (1) year after the expiration of his term.
(b) The Council shall appoint the City Manager for an indefinite term and may remove him by a majority vote of its members. At least thirty (30) days before such removal shall become effective, the council shall by majority vote of its members adopt a preliminary resolution stating the reasons for his removal. The manager may reply in writing and may request a public hearing before the council which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal. By the preliminary resolution the council may suspend the manager from duty but shall in any case cause to be paid him forthwith any unpaid balance of his salary for the next one (1) calendar month following adoption of the final resolution.
(c) Neither the Council nor any of its members shall direct or request the appointment of any person to or his removal from, office by the City Manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers or employees in the administrative service of the City, except as otherwise provided. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. Any councilman violating the provisions of this section, or voting for a resolution or ordinance in violation of this section shall constitute grounds for recall.
(d) The City Manager shall be chosen by the Council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practice in respect to the duties of this office as hereinafter set forth.
(Ord. No. 140-C, § 1(ee), 10-28-1975/12-2-1975; Ord. No. 288-C, § 1, 6-23-1998)
Sec. 32. City manager—Powers and duties.
(a) The City Manager shall be chief executive officer and the head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end, he shall have power and shall be required to:
(1) Appoint and, when necessary for the good of the City, remove all officers and employees of the City except as otherwise provided by this Charter and except as he may authorize the head of a department or office, to appoint and remove subordinates in such department or office;
(2) Prepare the budget annually and submit it to the council and be responsible for its administration after adoption;


(3) Prepare and submit to the council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year;
(4) Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable;
(5) Attend all meetings of the City Council and of its committees and keep the council advised of the activities of his office, with the right to take part in the discussions but without having a vote;
(6) Perform such other duties as may be prescribed under this Charter or as may be required by him by ordinance or resolution of the City Council;
(7) The City Manager may appoint a qualified person as purchasing agent, subject to approval of the Council, by whom all purchases of supplies shall be made subject to the rules and regulations to be prescribed by the Council and he shall approve all vouchers for the payment of same. In the capacity of purchasing agent, he shall also conduct all sales of personal property which the Council may authorize to be sold as having become unnecessary or unfit for the city's use. All purchases, sales and contracts shall conform to such regulations as the City Council may from time to time prescribe;
(8) Fix the salary of officers and employees according to the wage schedule approved by the City Council.
(b) The City Manager shall manage and control all City owned public utilities operated and managed by the municipality and the office of the City Manager shall be charged with the management and operation of all public works, charitable and correctional institutions and agencies of the City; subject to regulations prescribed by ordinance, and regulations relative to the preservation and promotion of public health; and manage or inspect water, lighting, power and transportation enterprises of the City; shall manage and control the use, construction, improvement, repair and maintenance facilities of the City, including parks, playgrounds and public gymnasiums, and social centers. He shall manage and supervise all public improvements, works and undertakings of the City except as otherwise provided in this Charter.
(Laws of Fla. ch. 73-433, § 7; Ord. No. 140-C, § 1(ff)—(ii), 10-28-1975/12-2-1975)
Sec. 33. City manager—Absence or disability.
To perform his duties during his temporary absence or disability, the manager may designate by letter filed with the City Clerk and Mayor a qualified administrative officer of the City as acting City Manager; provided, however, the appointment shall not be for a period longer than thirty (30) days. In the event of failure of the manager to make such designation, or in the event the City Manager is absent or disabled for a period longer than thirty (30) days, the Council shall appoint a qualified person as acting City Manager.
(Ord. No. 140-C, § 1(jj), 10-28-1975/12-2-1975)
[Sec.] 34. City manager—Compensation.
[Editorially deleted.]
Editor's note(s)—This section has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 2-127 in the Code of Ordinances.
PART I - CHARTER
ARTICLE VI. FINANCIAL PROCEDURES



ARTICLE VI. FINANCIAL PROCEDURES5
Sec. 35. Fiscal year.
[Editorially deleted.]
Editor's note(s)—This section on the fiscal year has been editorially deleted as superseded by the mandatory fiscal year in state law.
State law reference(s)—Fiscal year, F.S. § 166.241.
Sec. 36. Submission of budget.
On or before the 31st day of August of each year, the Manager shall submit to the Council a budget for the ensuing fiscal year.
(Ord. No. 140-C, § 1(kk), 10-28-1975/12-2-1975)
Sec. 37. Budget.
[Editorially deleted.]
Editor's note(s)—This section which has not been amended by referendum after July 1, 1973, and which is not extraterritorial powers has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166.
Sec. 38. Council action on budget.
(a) Amendment before adoption. The Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income.
(b) Adoption. [Editorially deleted.]
(Ord. No. 140-C, § 1(ll), 10-28-1975/12-2-1975)
Editor's note(s)—This subsection which has not been amended by referendum after July 1, 1973, and which is not extraterritorial powers has been editorially deleted as superseded by the mandatory procedure in state law for adoption of the budget.
Sec. 39. Amendments after adoption.
(a) Supplemental appropriations. [Editorially deleted.]

5State law reference(s)—Finance and taxation, F.S. § 166.101 et seq.; financial matters, F.S. ch. 218.
Clermont, Florida, Code of Ordinances
(b) Emergency appropriations. To meet a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of section 20(b)(2) to the extent that there are no available unappropriated revenues to meet such appropriations, the Council may be [by] such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made.
(c) Reduction of appropriations. [Editorially deleted.]
(Ord. No. 140-C, § 1(mm), 10-28-1975/12-2-1975)
Editor's note(s)—Subsections (a) and (c) have been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). Subsection (a) is section 2-98(a) and subsection (c) is section 2-98(b) in the Code of Ordinances.
Sec. 40. Transfer of appropriations.
(a) [Upon written request.] At any time during the fiscal year the Finance Director with authorization of the City Manager may transfer all or part of any unencumbered appropriation balance among programs within a department, office or agency. Upon written request by the City Manager, the City Council may by resolution transfer part or all of any unencumbered appropriation balance from one department, office or agency to another department, office or agency.
(b) Limitations; effective date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption.
(c) Payments and obligations prohibited. No payment shall be made or obligation incurred against any allotment or appropriation unless the Finance Director certified that there are sufficient funds available to cover the claim or meet the obligation when it becomes due and payable.
(Ord. No. 140-C, § 1(nn)—(pp), 10-28-1975/12-2-1975)
ARTICLE VII. RESERVED
Secs. 41—54. Reserved.
ARTICLE VIII. PLANNING AND ZONING


Sec. 55. General powers.
[Editorially deleted.]
Editor's note(s)—This section which has not been amended by referendum after July 1, 1973, and which is not extraterritorial powers has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166.
Sec. 56. Purposes of article; grant of power.
[Editorially deleted.]
Editor's note(s)—This section which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166.
Sec. 57. Districts.
For any or all of said purposes the City Council may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purpose of this article; and with such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.
(Ord. No. 140-C, § 1(qq), 10-28-1975/12-2-1975)
Sec. 58. Purposes in view.
[Editorially deleted.]
Editor's note(s)—This section has been editorially deleted as superseded by the Community Planning Act, F.S. § 163.25111 et seq.
Sec. 59. Method of procedure.
The City Council shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fourteen (14) days' notice of the time and place of such hearing shall be published in an official newspaper, or a paper of general circulation in such municipality.
(Ord. No. 140-C, § 1(rr), 10-28-1975/12-2-1975)
Sec. 60. Regulations subject to change; protest; hearings.
[Editorially deleted.]
Editor's note(s)—This section has been editorially deleted as superseded by the Community Planning Act, F.S. § 163.2511 et seq.
Sec. 61. Reserved.
Editor's note(s)—In codifying the city's new Charter the section number 61 was not used and has therefore been reserved by the editor to maintain sequence.
Sec. 62. Planning and zoning commission.
The City Council shall appoint a Planning and Zoning Commission. (Laws of Fla. ch. 73-433, § 9; Ord. No. 140-C, § 1(ss), 10-28-1975/12-2-1975)
Sec. 63. Board of adjustment.
The City Council shall appoint a Board of Adjustment.
(Ord. No. 140-C, § 1(tt), 10-28-1975/12-2-1975)
ARTICLE IX. PENSIONS
Sec. 64. Pensions for employees; appropriations.
(a) The City Council shall have power to provide for relief or pension of persons in the employ of the City and to adopt such ordinances as may be necessary to carry this action into effect.
(b) In furtherance of such object, and without intending to limit it by these specifications, the Council may adopt such pension plan as it deems suited to the interest of the City and the employees, may make contributions of public monies to such pension plan on such terms and conditions as the Council may see fit, and may make rules and regulations for the management, investment and administration of such plan. Such plan may consist of a pension fund or funds operated by the City or administered by a trustee under a deed of trust, or of contracts of insurance of annuities, including deposit administrations group annuity contracts, with any insurance company authorized to transact business in this state, or a combination thereof, and for any or all of such purposes the City may appropriate out of its treasury any money necessary to pay premiums or charges incident to the maintenance of such funds or the carrying of such policies or contracts.
(c) All previously established pension funds created under any prior pension ordinance, not inconsistent with this section, are hereby affirmed, approved and ratified.
(Ord. No. 140-C, § 1(uu)—(ww), 10-28-1975/12-2-1975)
ARTICLE X. MUNICIPAL BONDS
Sec. 65. [Generally.]
The City may issue bonds, revenue bonds, certificates of indebtedness and other obligations for such purposes and in such manner as may be provided by resolution of the City Council in the manner provided by law.

(Ord. No. 140-C, § 1(xx), 10-28-1975/12-2-1975)
Editor's note(s)—Prior to amendment by Ord. No. 140-C, § 1(xx), § 65 pertained to personal financial interest of officers and was derived from Laws of Fla. ch. 67-1217, art. X, § 1.
ARTICLE XI. TRANSITIONAL PROVISIONS
Sec. 66. Officers and employees.
(a) Rights and privileges preserved. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption.
(b) Continuance of office or employment. Except as specifically provided by this Charter, if at the time this Charter takes full effect a city administrative officer or employee holds any office or position which is or can be abolished by or under this Charter, he shall continue in such office or position until the taking effect of some specific provision under this Charter directing that he vacate the office or position.
Sec. 67. Departments, offices and agencies.
(a) Transfer of powers. If a city department, office or agency is abolished by this Charter, the powers and duties given it by law shall be transferred to the city department, office or agency designated in this Charter or, if the Charter makes no provision, designated by the City Council.
(b) Property and records. All property, records, and equipment of any department, office or agency existing when this Charter is adopted shall be transferred to the department, office or agency assuming its powers and duties but, in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the council in accordance with this Charter.
Sec. 68. Pending matters.
All rights, claims, orders, contracts and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by the city department, office or agency appropriate under this Charter.
Sec. 69. State and municipal laws.
(a) In general. All City ordinances, resolutions, orders and regulations which are in force when this Charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the Constitution and Laws of the State of Florida permit, all laws relating to or effecting this city or its agencies, officer or employees which are in force when this Charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto.

Policy Score

44