Fort Walton Beach Council agenda — 09-16-08 workshop agenda — reading text

ordinance, amend the former charter provisions relative to the tenure and removal of appointive officials to provide for the power of the governing body to limit the tenure of its appointive officers and their removal or suspension from office and such amendments may apply to and govern the city's building official. Op.Atty.Gen., 079 -21, March 5, 1979. Although the Municipal Home Rule Powers Act nullified and repealed or converted into municipal ordinances many provisions of the Charter of the City of Tamarac as that charter existed on the effective date of the Muni- cipal Home Rules Powers Act, October 1, 1973, the charter was apparently restored to its original status ( as sub- sequently amended) by referendum held in that city in June, 1974, and may now be amended only as provided in 166.03 1. Op.Atty.Gen., 075 -223, July 29, 1975. That part of the municipal charter of the City of Miramar, Florida, which requires an affirmative vote of three members of the city council to adopt an ordinance or resolution has been nullified and repealed or has become a municipal ordinance pursuant to subsecs. ( 4) and ( 5) of this section. The city council, if it desires, may adopt by ordinance or charter amendment additional, more stringent requirements than those contained in § 166.041, which establishes a uniform procedure for the enactment of municipal ordinances and resolutions. Op.Atty.Gen., 074 -371, Dec. 4, 1974. The provisions of § 28 of the Pensacola city charter which require that a councilman be a resident qualified voter of his ward and that he forfeit his office if this qualification is not met become ordinances under § 166. 021( 5) so that an ordinance providing that a councilman who changes his permanent legal residence from the ward from which he was elected may serve out the remainder of his term may be passed by the city council without a refer- endum of the electorate. Op.Atty.Gen., 074 -25, Feb. 6, 1974. The charter of the city of Lauderhill provides that the mayor cannot suspend, and the city council cannot re- move, any appointed officer except for cause as specified in the Charter. Under Laws 1973, c. 73 -129, such charter provision is either repealed or has become an ordinance subject to amendment or repeal as other ordin- ances. Therefore, the city council may enact an ordinance amending or repealing the charter provision. Until such time as the council enacts an ordinance changing the charter provision, existing ordinances and charter pro- visions govern. Op.Atty.Gen., 073 -475, Dec. 19, 1973. 0 2008 Thomson Reuters/ West. No Claim to Orig. US Gov. Works. westlaw.com1printlprintstream.aspx ?rs =WLW 8. 09 & destination= atp & prft=HTMLE & f... 9/ 15/ 2008 http: / web2. /  Page 17 of 80 West's F.S. A. § 166. 021 Page 17 Section 166.031, created by Laws 1973, c. 73 -129, does not limit the governing body of a city from amending or repealing by ordinance provisions of the existing charter which by this section, are deemed ordinances. Op.Atty.Gen., 073 -301, Aug. 23, 1973. 15. Change of name, powers generally Pursuant to this chapter, the Municipal Home Rule Powers Act, the governing body of the City of Hallandale, in the absence of the approval of the municipal electorate as provided in § 166.031, may make no change in Laws 1955, c. 30793, which affects matters prescribed by that law relating to the appointive civil service board estab- lished thereby or which affects the rights of city employees. Op.Atty.Gen., 075 -136, May 12, 1975. Approval by a majority of the electors voting in a referendum is necessary in order to change the name of a mu- nicipality under this section and § 166.03 1. Op.Atty.Gen., 073 -491, Dec. 27, 1973. 16. Settlement of claims, powers generally Power of the city to compromise, and settle litigation to which it is a party, is incident to and implied from its power to sue and be sued, and city will not be restrained from exercising such power by equity, on a mere show- ing of belief that some wrong will be done, or when injury is conjectural, since relief under such circumstances will be granted only where the pleadings and proof show clearly that resulting injuries will be irreparable and remedy at law inadequate. Williams v. Public Utility Protective League of Florida, 130 Fla. 603, 178 So. 286 1938). Injunction 77( 1); Municipal Corporations C= 1018 Municipality has power to compromise and settle claims arising out of subject -matter concerning which it has general power to contract, where, at time of settlement, there is bona fide reasonable doubt or dispute as to liab- ility of municipality, not based on total lack of authority to incur debt. City of Coral Gables v. State, 128 Fla. 874, 176 So. 40 ( 1937). Municipal Corporations C= 1010 17. Gambling, powers generally A municipality derives no authority from Article VIII, § 2( b), Florida Constitution, and § 166.021, Florida Stat- utes, to conduct bingo games. Op.Atty.Gen. 95 -68, Oct. 10, 1995. 18. Emergency powers, powers generally Emergency did not create and vest power in a municipality where none existed in the first place. State ex rel. Cole v. Keller, 129 Fla. 276, 176 So. 176 ( 1937). Municipal Corporations C= 57 19. Review of exercise of powers, powers generally What is public municipal function is for ultimate judicial determination, though due weight will be given to le- gislative determination. West v. Town of Lake Placid, 97 Fla. 127, 120 So. 361 ( 1929). Municipal Corporations 63. 1 Courts will not control manner of exercise of authority by council when no rule of law is violated and authority is not exceeded or abused. State v. Brandon, 92 Fla. 793, 110 So. 127 ( 1926). Municipal Corporations OD= 63. 1 Courts will determine what is permissible municipal purpose. City of Bradentown •v. State, 88 Fla. 381, 102 So. 2008 Thomson Reuters/ West. No Claim to Orig. US Gov. Works. http: / web2.westlaw.comlprint1printstream.aspx / ?rs= WLW8.09 & destination= atp & prft=HTMLE &f... 9/ 15/ 2008  Page 18 of 80 West's F.S. A. § 166.021 Page 18 556 ( 1924). Where city commissioners have not violated statutory authority or palpably abused discretion in exercising au- thority, courts will not control it. City of Pensacola v. Bear, 83 Fla. 484, 91 So. 360 ( 1922). When municipality, can exercise particular functions, and the manner of exercise is left to city council, courts will not undertake to control manner, when no applicable rule of law is violated, and authority is not exceeded or abused. Merrell v. City of St. Petersburg, 74 Fla. 194, 76 So. 699 ( 1917). Municipal Corporations 63. 1 20. Charter changes, powers generally A city council may amend its home rule charter to change the date of the yearly organizational meeting of the city commission. Op.Atty.Gen., 2007 -40, September 25, 2007(2007WL 2777157). The City of Beileair Beach and the Town of Kenneth City may not amend their charters by ordinance to change the date of the induction of newly elected council members, absent referendum approval or absent a change by the Legislature to Florida Statutes. Op.Atty.Gen., 2005 -57, November 9, 2005( 2005 WL 3024146). This section requires referendum approval for changes in a municipal charter affecting the rights of municipal employees. Op.Atty.Gen., 98 -56, September 16, 1998. City commission may not amend its charter by ordinance to provide for a change in the date on which municipal election will occur since such a change will affect " the terms of elected officers"and, pursuant to West's F.S. A. 166.021( 4), must be the subject of approval by referendum. Op.Atty.Gen. 94 -31, April 11, 1994. A change in city charter from masculine terminology to gender -neutral terminology in provisions relating to the terms of elected officers and the manner of their election could be accomplished by ordinance. Op.Atty.Gen. 93 -66, Sept. 16, 1993. 21. Sue or be sued, powers generally City police department did not have capacity to sue and be sued, and therefore was not a proper defendant in a suit for damages. Florida City Police Dept. v. Corcoran, App. 3 Dist., 661 So. 2d 409 ( 1995). Municipal Corpora- tions (C:= 1016 Municipalities have power to sue and be sued. Florida City Police Dept. v. Corcoran, App. 3 Dist., 661 So. 2d 409 ( 1995). Municipal Corporations ID= 1016 Where police department is integral part of city government as vehicle through which city government fulfills its policy functions, it is not entity subject to suit. Florida City Police Dept. v. Corcoran, App. 3 Dist., 661 So. 2d 409 ( 1995). Municipal Corporations C= 1016 22. Necessity of referendum, powers generally City had authority under its charter to change the designation of property as a ` recreational facility," by ordin- ance, and then transfer the property by resolution, thereby avoiding city charter prohibition against disposing of property designated as a recreational facility without approval in a referendum; allowing city to redesignate and then transfer the property did not make the charter's referendum requirement meaningless, as drafters of charter 2008 Thomson Reuters/ West. No Claim to Orig. US Gov. Works. http: / web2.westlaw.com/ / print /printstream.aspx ?rs= WLW8.09 &destination= atp & prft=HTMLE &f... 9/ 15/ 2008  STATE LAW AFFECTING FLORIDA MUNICIPAL CHARTERS, CODES AND ORDINANCES Prepared by MUNICIPAL CODE CORPORATION c: Tallahassee, Florida 2007  FREE publication, courtesy of Municipal Code Corporation STATE LAW affecting FLORIDA MUNICIPAL CHARTERS, CODES and ORDINANCES Throughout the years after initial MCC can provide a review of your Code codification, state laws change, but unless to update and add State Law References. you do a thorough state law review of We can also provide a complete legal your Code of Ordinances inconsistent every year, review to identify obsolete, some references in your Code may no and outdated provisions. Please contact longer be accurate. us if you would like more information. This