Fort Walton Beach Ordinance — 1706 Beautification Committee — reading text

READING! DATE 1st is F., 2nd s+ 9-016 ORDINANCE 1706 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING SECTION _ 2.03.01, BEAUTIFICATION COMMITTEE ESTABLISHMENT; MEMBERSHIP TO REDUCE THE MEMBERSHIP FROM SEVEN TO FIVE MEMBERS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY, INTENT The authority for enactment of this ordinance is pursuant to the powers for the City of Fort Walton Beach, provided in Section 2 of the City Charter, and Section 166.021(1), Florida Statutes. The Beautification Committee is experiencing difficulties meeting the quorum requirements to convene its meetings. The Committee recognizes the limitations that the inability to convene imposes. Therefore, the Committee has made a motion, which passed unanimously, to recommend that City Council reduce the membership number from seven to five. SECTION 2. AMENDMENT OF SECTION 2.03.01, BEAUTIFICATION COMMITTEE, ESTABLISHMENT; MEMBERSHIP. Section 2.03.01 of the Code of Ordinances, City of Fort Walton Beach, Florida, is hereby amended to read as follows: 2.03.01 Establishment; Membership There is hereby established in and for the City a Beautification Committee. The Beautification Committee shall consist of seven five members who shall be appointed by Council. Fhe-terms-of the-members-serving-as_of September3, 4994.-shall_-be-unchanged—hereby. The Committee shall designate one of its members to be Chairperson and Vice-Chairperson for each calendar year. Membership is not limited to residents. SECTION 3. REDUCTION PROCESS There are currently two vacancies on the board. The membership shall be reduced by not appointing new members to those vacancies and terms. SECTION 4. EFFECTIVE DATE This resolution shall take effect immediately upon approval by the City Council and signature of the Mayor. Nunc pro tunc to: May 23, 2006 | fy g ff ) Date Mike Anderson, Mayor (This Ordinance was originally passed and became effective on 23 May 2006. This form of the ordinance has been resigned nunc pro tunc to correct clerical errors in the body of the previously signed ordinance. The previously signed Ordinance 1706 did not reflect the substance of the Ordinance 1706 as passed by Council on 23 May 2006.) ATTEST: Approved as to form and legal suffiency. ON Son kag Helen A. Spence¥, City Clerk Toni L. Craig, City Attorney) ss Spit ee An Page 1 of 4 Helen Spencer From: AttyCrg@aol.com Sent: Wednesday, June 07, 2006 12:59 PM To: Helen Spencer Subject: Re: Ordinance 1706 Helen Please do not put any marks on the form | emailed this morning. | realize that there is in an error in the last paragraph where it states "resolution" rather than "ordinance." However, that error needs to stay there. No changes should be made to the ordinance after second reading. Thank you. In a message dated 6/7/2006 9:44:29 A.M. Central Standard Time, hspencer@fwb.org writes: Joyce/Toni First let me advise you both that the correct ordinance was put in the agenda package both first and second reading so all | need to do is get the correct one in our electronic file and print it again and have the appropriate people sign it. After checking with Mr. Bubis this morning he advises he sent the correct copy with the numbers at the side and a clean copy without the numbers changed taking out the crossed through section in the ordinance to the CM for her agenda. We picked up the clean copy (which was the wrong one) in the agenda package given to us by the CM for the attorney’s file and was the wrong one and the one that was signed. The ordinance was evidently changed by Mr. Bubis before it was given to the CM. We do not check each ordinance for correctness after the agenda package is given to the City Clerk’s Department to process for Council, Department Directors and others. We seem to have a continuing problem getting the electronic ordinance/resolution from which ever department it comes from. Mr. Bubis just sent us the correct copy for our electronic file and we will reprint and get the required signatures. In the future to eliminate this problem at the same time Laraine is running the agenda either | or Dixie will check the ordinances/resolutions on the agenda to see that we have an electronic copy in our computer file. It is not our job to double check each ordinance/resolution to see if it is correct before 6/7/2006 Page 2 of 4 it is put on the agenda for Council from the various departments. In the last paragraph of the Ordinance it stated a resolution instead of an ordinance. | believe this should be considered a typo and we will cross it out on the original copy and put ordinance in on it. | hope with the above solution this will not happen again in the future. Helen Spencer City Clerk-Fort Walton Beach 850-833-9509 850-833-9640-Fax hspencer@fwb.org From: Joyce Shanahan Sent: Tuesday, June 06, 2006 5:22 PM To: AttyCrg@aol.com; Helen Spencer Cc: Missy McKim; Dan Bubis; Carole Jones Subject: RE: Ordinance 1706 We send an ordinance on 2" reading just as it was on first reading. However, we do ask staff to provide a clean copy for signature. Perhaps there was a mix up in this regard; we'll be sure to double check that. If you do not wish a clean copy for signature, please advise me and we will discontinue that practice. Joyce Shanahan City Manager City of Fort Walton Beach, FL Phone: 850-833-9504 Fax: 850-833-9640 Cell: 850-803-9621 Email: jshanahan@fwb.org 6/7/2006 Page 3 of 4 From: AttyCrg@aol.com [mailto:AttyCrg@aol.com] Sent: Tuesday, June 06, 2006 4:27 PM To: Joyce Shanahan; Helen Spencer Cc: Missy McKim; Dan Bubis Subject: Ordinance 1706 Ordinance 1706, regarding Beautification Committee membership reduction was passed by Council on second reading on May 23, 2006. The correct Ordinance, with line numbers and proper strike throughs, was in the agenda package. When reading the original ordinance from the Clerk's packet at the meeting during the second reading, | noticed that the page line numbers were removed and the strike throughs in line 29 were removed. Not knowing if we had passed the same bad text on first reading but knowing that the correct ordinance was in the agenda package and that there had been no changes to the title, | did not want to hold up the meeting and let it go. Last night at the Beautification Committee meeting, | confirmed with Lorraine that the Mayor and | signed an ordinance different than what was passed on first reading and what was included in the agenda package. Mr. Bubis commented that someone had told him to remove the line numbers and strike throughs for signature. | advise that at no time should any ordinance form or language be changed after first reading unless that change was made by Council. The line numbers on any ordinance are not an issue of legal sufficiency. The line numbers should be editorially removed by the Clerk after the passage of the ordinance on second reading. No other changes to the document should be made, again, unless, the Council made the amendment by proper motion. As to Ordinance 1706, | request that the Clerk check to ensure that the proper document was posted in both the first and second reading agenda packets that included the stricken language in lines 28 - 30. If that form was presented in both packets, then we need only correct the administrative error of the Mayor and | signing the wrong form. If the proper form was NOT presented in the first or second reading agenda packets, we need to go back to that reading and get Council approval. | believe the correct one was in the packets and that the Mayor and | need only to sign the correct form. Please let me know. Thank you. Toni L. Craig Attorney at Law Fla. Bar No. 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 (850) 243-6969 Fax: (850) 244-8929 6/7/2006