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

V. MISCELLANEOUS PROVISIONS TITLE V. MISCELLANEOUS PROVISIONS Section 57. Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to an oath or affirmation, to be filed and kept in the office of the council, that he will support, protect and defend the constitution and laws of the United States and of the State of Florida, and in all respects discharge the duties of his office. 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 impaired or affected by this charter, but such debts, obligations and contracts shall pass to and be binding upon the new municipality which is hereby organized and created. http: / l/ibraryl .municode. com /default/DocView /14222/ l/ 3/ 8 9/ 9/ 2008 TITLE V. MISCELLANEOUS PRO" " TONS Page 2 of 6 c) Ordinances. The ordinances of the present Town of Fort Walton, Okaloosa County, State of Florida, shall be and hereby are declared to be the ordinances of the City of Fort Walton Beach, hereby organized and established, until altered, amended, modified or repealed by the city council, except insofar as said ordinances may be modified, altered, amended or repealed by the provisions of this charter. Section 63. Offices and employment continued. All officers and employees of the Town of Fort Walton shall continue in their respective offices and employment, after the effective date of this charter, until they are replaced by election or appointment in accordance with the provisions of this charter. Section 64. Construction. a) Powers cumulative with state law. The enumeration of particular powers in this charter shall not be termed or held to be exclusive, but in addition to the powers enumerated herein, implied hereby, or applicable to the exercise thereof, which are now, or may hereafter be, possessed or enjoyed by cities under the constitution and general laws of this state, and such powers shall be cumulative and alternative powers to those herein granted and all the powers of the city, either expressed or implied, shall be exercised and embraced in the manner prescribed by this charter, or when not so prescribed, then in such manner as prescribed by ordinance or resolution of the council. b) Severability. If any section or part of a section of this charter is invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section of this charter, unless it clearly appears that such other section or part of a section is willingly and necessarily dependent upon the section which is unconstitutional or invalid. Section 67. Repealer. All laws and parts of law in conflict herewith are hereby repealed. Section 68. Effective date. This act shall take effect immediately upon its becoming a law. Section 73. Police jurisdiction over navigable waters. The City of Fort Walton Beach is authorized to exercise police jurisdiction over all navigable water within a distance of one -half ( 1/ 2) mile of the present city limits of the City of Fort Walton Beach, provided, however, that no such distance shall extend beyond the half -way portion of any said body of water. This charter shall not be construed to annex any portions of water at the present time or any future date. Section 74. Acquisition of recreational tracts. The City of Fort Walton Beach is authorized to acquire property on Santa Rosa Island outside the city limits of the City of Fort Walton Beach for recreational purposes, regardless of whether such lands are contiguous to the present city limits, by passage of an ordinance of the city council without regard to any general or special law of the state now existing. HISTORICAL NOTES & STATE LAW REFERENCES TABLE INSET: http: / Iibraryl. / municode. com /default/DocView /14222/ l/ 3/ 8 ' 9/ 9/ 2008  Attachment 4 Excerpt from National Civic League " Model Charter" Page 5  Excerpt from Model City Charter, 8th Edition Article VI. Elections Section 6.01 City Elections a) Regular elections. The regular city election shall be held ( at the time established by state law) on the first ( day of week) in ( fall or spring month of odd or even numbered year) and every 2 years thereafter b) Registered Voter Defined. All citizens legally registered under the constitiution and laws of the state of to vote in the city shall be registered voters of the city within the meaning of this chapter. page 39 c) Conduct of Elections. The provisions of the general election laws of the state of _ shall apply to elections held under this charter. All elections provided for by the charter shall be conducted by the election authroities established by law. Candidates shall run for office without party designation. For the conduct of city elections, for the preventions of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the city council shall adopt ordinances consistent with law and this charter,and the election authorities may adopt furhter regulations consistent with law and this charter and the ordinances of the council. Such ordinances and regulations pertaining to elections shall be publicized in the manner of city ordinances generally. d) Proportional Representation. The council may be elelcted by proportional represenation by the method of the single transferable vote. e) Beginning of Term. The terms of council members shall begin the _ day of after their election. Section 6.02 Council Districts; Adjustment of Districts page 42 Section 6.03 Methods of Electing Council Members page 46 Alternative I - Option A - Council Elected at Large; Mayor Elected by the Council At the first election under this charter council members shall be elected; the one -half plus one) candidates receiving the greatest number of votes shall serve for terms of four years, and the _ ( remainder of the council) candidates receiving the next greatest number of votes shall serve for terms of two years. Commencing at the next regular election and ata II subsequent elections, all council members shall be elected for four year terms Alternative I - Option B - Council Elected at Large; Mayor Elected Separately At the first election under this charter council members shall be elected; the one -half the number of council members) candidates receiving the greatest number of votes shall serve for terms of four years, and the _ ( one -half the number of council members) candidates receiving the next greatest number of votes shall serve for terms of two years. Commencing at the next regular election and ata II subsequent elections, all council members shall be elected for four year terms Alternative II - Option A - Council Elected at Large with District Regesidency Requirement; Mayor Elected by the Council At the first election under this charter council members shall be elected; the one -half plus one) candidates receiving the greatest number of votes shall serve for terms of four years, and the _ ( remainder of council) candidates receiving the next greatest number of votes shall serve for terms of two years. Commencing at the next regular election and ata II subsequent elections, all council members shall be elected for four year terms  Excerpt from Model City Charter, 8th Edition Alternative II - Option B - Council Elected at Large with District Regesidency Requirement; Mayor Elected Separately At the first election under this charter council members shall be elected; the one -half the number of council members) candidates receiving the greatest number of votes shall serve for terms of four years, and the _ ( one -half the number of council members) candidates receiving the next greatest number of votes shall serve for terms of two years. Commencing at the next regular election and ata II subsequent elections, all council members shall be elected for four year terms Alternative III - Option A - Mixed At -Large and Single Member District System; Mayor Elected by Council At the first election under this charter council members shall be elected; the at -large candidates receiving the greatest number of votes shall serve for terms of four years, and the _ at -large candidates receiving the next greatest number of votes shall serve for terms of