Fort Walton Beach — 03-08-11 regular — reading text

City Council of Fort Walton Beach ENGINEERING & UTILITY SERVICES MEMORANDUM To: Robert T. Mearns, City Manager From: Michacl Beedie, Engineering & Utility Services Director Date: March 8, 2011 Subject: Ordinance 1845 to Amend Chapter 2.06 of the Code 1. BACKGROUND: 1.1. Chapter 163 of the Florida Statutes enables local governments to create a Community Redevelopment Agency. Chapter 163.356 of the Florida Statutes states, “Upon a finding of necessity as set forth in s. 163.355, and upon further finding that there is a need for a community redevelopment agency to function in the county or municipality to carry out the community redevelopment purposes of this part, any county or municipality may create a public body corporate and politic to be known as a “community redevelopment agency’”. 1.2. Chapter 163.357 (1)(a) of the Florida Statutes states, “As an alternative to the appointment of not fewer than five or more than seven members of the agency, the governing body may, at the time of the adoption of a resolution under s. 163.355, or at any time thereafter by adoption of a resolution, declare itself to be an agency, in which case all rights, powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred”. 1.3. At the January 25, 2011, City Council mccting, Council voted to direct the City Manager and City Attorney to take necessary actions to appoint Council as the CRA. 2. DISCUSSION: 2.1. Ordinance 1845 amends Chapter 2.06 of the Code of Ordinances, titled Community Redevelopment Agency, to reflect City Council assuming the responsibilities of the CRA. 2.2. Section 2.06.01, Establishment; Membership, was amended to designate City Council as the Community Redevelopment Agency. 2.3. Section 2.06.05, Retention of Powers, was deleted as the City Council is now the Community Redevelopment Agency. 3. FINANCIAL INFORMATION: 3.1. Ordinance1845 has no financial impact on the City. 4. RECOMMENDATION: 4.1. Staff requests City Council adoption of Ordinance1845 amending Chapter 2.06 of the titled Community Redevelopment Agency. Code of Ordinances, ATTACHMENTS: e Ordinance 1845CRA (PDF) SIGNATURE BLOCK: Michael Beedie Completed 02/10/2011 4:08 PM City Clerk — Completed City Attorney Completed Carole Jones Completed City Manager Completed City Council Completed 02/14/2011 8:31 AM 02/14/2011 12:17 PM 02/15/2011 11:42 AM 02/15/2011 11:15 AM 03/03/2011 3:22 PM DIADARWN— ORDINANCE NO. 1845 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 2.06, COMMUNITY REDEVELOPMENT AGENCY, OF THE CODE OF ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING 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 The authority for enactment of this ordinance is pursuant to Section 2 of the City Charter, and Chapter 163 of the Florida Statutes, latest revision. Section 2. Purpose and Intent Chapter 2.06 of the Code of Ordinances is being amended to reflect the City Council assuming the responsibilities of the Community Redevelopment Agency and to coincide with Chapter 163, Part ITI of the Florida Statutes, entitled Community Redevelopment. Section 3. Amendment of Chapter 2.06, Community Redevelopment Agency Chapter 2.06, Community Redevelopment Agency, of the Code of Ordinances is amended as follows: a. Section 2.06.01, Establishment; Membership, of the Code of Ordinances is amended as follows: Pursuant to section 163.356 & 163.357, F.S., there is created a board-of commissioners-of the—community redevelopment agency. Members of the community redevelopment agency beard-ef commissioners-shall be appeinted-by_the seven « seven city council members who occupy seats one through seven. The-beard-shalt Sis bers—The term of offi ice shall coincide with the term of cach city ‘come member. ef-the hall be for ¥ 7 pt-that+th £_-+h: by first tated. hall -be-desi ted 4, £ ty -th: tive fr the-dat halt oA 7 WO, BE Years, FeSpi ‘ye f thet intment d-all oth: by ball -be-desi ated-+t fort ££ PP" = ; the dat f it 4A, o oat rt v: terse +, shall he filod & Ps . PPO 7 bs b. Section 2.06.05, Retention of Powers, of the Code of Ordinances shall be deleted in its entirety. All sections following Section 2.06.05 shall be renumbered accordingly. c. All references to sections of the Florida Statutes shall replace the symbol “§” with the word “section”. cy 3 3 o 2 é ra ro} © 2 N - 2 a a 2 Co z € o E a4 2 ms + & < ® 8 e & a= gz ° 6K 7 = = << [4 oO 9 ¢ & @ 3 c & £ gz lo] € a E £ re £ 4 Section 4. Repeal of Conflicting Provisions In the event any ordinance or parts of ordinances are in conflict with any other provision of the Code, the provisions of this Ordinance shall prevail. Section 5. Severability Should any provision or portion of any provision in this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions thereof. Section 6. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. , 2011. Adopted Mike Anderson, Mayor Attest: Approved for form and legal sufficiency. Helen Spencer, City Clerk Hayward Dykes, City Attorney New language is underlined; deleted language is stricken. Codification Instructions: Sections 1, 2, 4, 5, & 6 are not codified. Section 3 is codified as amendments to Chapter 2 as stated. any Attachment: Ordinance 1845 CRA (1147 : Ordinance 1845 to Amend Chapter 2.06 of the Code) Packet City Council of Fort Walton Beach CITY CLERK MEMORANDUM To: Robert T. Mearns, City Manager From: Helen Spencer, City Clerk Date: March 8, 2011 Subject: City Election Certification 1. BACKGROUND: 1.1. By Charter, Council is required to certify the election results. In an effort not to expend additional funds by re-advertising and holding a Special mecting, the Supervisor of Elections has requested Council certify the election at the regular mecting on March 8, 2011. 2. DISCUSSION: 2.1. 2.2 The unofficial results will be faxed as each precinct tabulation is completed, which will be announced to Council by the Mayor as they come into City Hall. Because the Supervisor of Elections will be in Crestview, the City Clerk will transport the Official Results to Council as soon as possible, at approximately 8:00 pm. . As representatives of the Canvassing Board, Councilman Mike Holmes and I will: On Monday, March 7, 2011: 1. Canvass the absentee ballots at approximately 10:00 am at the Supervisor of Elections Office. On Election Day, Tuesday, March 8, 2011: 2. The tabulation of ballots at the Supervisor of Elections Office on Lewis Turner Blvd. will be at approximately 5:30 pm and continue until all City Precincts are completed. 3. The City Clerk will transport the Official Tabulation Results to Council at approximately 8:00 pm because the Supervisor of Elections will be at the Crestview office. 2.3. Attached is a copy of the Certificate of the Board of City Canvassers for the City Election held on March 8, 2011 that will require Councilmember's signatures. Also attached is a copy of that portion of Section 60 of the City Charter that deals with Elections Canvassing Board. The Canvassing Board representatives will also be present at the Supervisor of Elections Office: 4. On Friday, March 11, 2011, at a time to be determined for the audit. City Council of Fort Walton Beach CITY CLERK MEMORANDUM To: Robert T. Mearns, City Manager From: Helen Spencer, City Clerk Date: March 8, 2011 Subject: City Election Certification 3.1 Council members are required to sign the Certificate of the Board of City Canvassers for the City Election held on March 8, 2011. ATTACHMENTS: e City Canvassers Certificate--Elections (PDF) *® Code Section 60-Elections (PDF) SIGNATURE BLOCK: Helen Spencer Completed 03/02/2011 11:15 AM Carole Jones Completed 03/02/2011 2:20 PM City Manager Completed 03/03/2011 9:43 AM City Council Pending (uogeoynied uoNsel3 AND : LZb}) Suona]a--aq2oyIeD siasseAURD AND UsUYyeHY CERTIFICATE OF THE BOARD OF CITY CANVASSERS CITY ELECTION HELD ON THE 8™ DAY OF MARCH 2011 STATE OF FLORIDA OKALOOSA COUNTY CITY OF FORT WALTON BEACH, FL COUNCILMEN FOR THE CITY OF FORT WALTON BEACH, FLORIDA, CONSTITUTING THE BOARD OF CITY CANVASSERS OF ELECTION HELD ON THE 8™ DAY OF MARCH DO HEREBY CERTIFY THAT WE MET IN THE COUNCIL CHAMBERS ON THE 8™ DAY OF MARCH, A_D., 2011 AT 7:00 P.M. IN REGULAR COUNCIL MEETING AND PROCEEDED TO PUBLICLY CANVASS THE VOTES GIVEN FOR THE PERSONS LISTED BELOW AND DO HEREBY CERTIFY, SOLELY, EXCLUSIVELY, AND ENTIRELY FROM SAID RETURN THAT THE WHOLE NUMBER OF VOTES CAST: COUNCILMAN - SEAT 1 MAYOR MIKE ANDERSON JIM FRAZIER RECEIVED. VOTES CEI COUNCILMAN MIKE HOLMES - SEAT 1 BOBBY GRIGGS RECEIVED ___ VOTES COUNCILMAN JOYCE GILLIE GOSSOM — SEAT 2 KATY KRUEGER RECEIVED VOTES COUNCILMAN DENNIS REEVES - SEAT 3 COUNCILMAN - SEAT 2 JOYCE GILLIE GOSSOM RECEIVED VOTES COUNCILMAN MIKE MINICH - SEAT 4 BILL PATTERSON RECEIVED ss: VOTES COUNCILMAN BOBBY NABORS - SEAT 5 COUNCILMAN BULL RIGDON - SEAT 6 COUNCILMAN DICK RYNEARSON - SEAT 7 FORT WALTON BEACH - CHARTER Section 58. Continuance of present officers. All persons holding office in or employed by the city, at the time this charter goes into effect, shall continue in such office or employment and in the performance of their duties until provisions shall have been otherwise made in accordance with the provisions of this charter for the performance or discontinuance of the duties of any such office or employment. When such provisions shall have been made the term of any such officer shall end. Section 60. Elections. (a) Except as modified or altered by the charter of the City of Fort Walton Beach, or by ordinances adopted from time to time, the provisions of general law of the State of Florida pertaining to state and local elections, registrations, manner of voting, qualifications of electors, duties of election officers, canvassing returns and the general holding and management of elections, shall apply. In addition, the council may provide detail for such elections more specifically by ordinance enacted from time to time. (b) Any qualified’ elector of the city may become a candidate for any elective office by filing with the supervisor of elections a petition in the form as prescribed by that officer, together with a filing fee which shall be established by ordinance, but which may not exceed the sum of fifty dollars ($50.00). (c) All ballots and other forms necessary for accomplishment of the function of the supervisor of elections shall be the responsibility of the office of the supervisor of elections. (d) After the first election which, pursuant to the provisions of this charter, the council shall provide for by ordinance, the subsequent elections shall be provided for by ordinance and the times of such elections shall be fixed so as to assure the elections being held from time to time before the expiration of the terms of office of the incumbents. (e) The council shall meet as a canvassing board and duly canvass the ballots within three (3) days after any municipal election. Section 62. Property rights, obligations, ordinances, etc., continued. (a) Property taxes, claims, etc. All property rights, uncollected taxes due, claims, judgments, decrees and choses in action held and owned by the Town of Fort Walton, abolished by this charter, shall pass to and be vested in the municipality created by this charter. (b) Obligations and contracts. No liability, obligation or contract of the said municipality of any nature whatsoever, including bonds and other outstanding indebtedness heretofore issued, shall be