Fort Walton Beach Council agenda — 05-17-05 — reading text

substantively amend any 32 provisionvalid and in effect on the effective date of this ordinance. All provisions valid and in 33 effect on the effective date of this ordinance shall remain in full force and effect unless 34 specifically amended bythe City Council. If a provision is in effect on the effective date of this 35 ordinance but not specifically set forth in this ordinance, such oversight shall be deemed an 36 editorial oversight and construed to have been included in this ordinance. Henceforth, any 5/ 10/ 2005 Toni L.Craig Page 1 37 similar provision, unless specifically required otherwise, shall be set forth in the Code of 38 Ordinances in accordance with the format established in this ordinance. 39 40 SECTION 5. REPEAL OF CONFLICTING PROVISIONS 41 In the event any ordinance or parts of ordinances are in conflict with any other provision 42 of the Code, the provisions of this Ordinance shall prevail. 43 44 SECTION 6. EFFECTIVE DATE. 45 This ordinance shall take effectimmediately upon approval by the City Council and 46 signature of the Mayor of the ordinance recodifying and republishing the Code of Ordinances. 47 48 49 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT 50 WALTON BEACH, FLORIDA ON THE DAY OF , 2005. 51 52 53 54 MICHAEL G. ANDERSON 55 MAYOR 56 57 58 ATTEST: Approved as to form and legal sufficiency. 59 60 61 62 HELEN A. SPENCER TONI 1.CRAIG 63 CITY CLERK CITY ATTORNEY 64 65 New language is underlined. 66 Deleted language is strieken. Toni L.Craig Page 2 5/1 0/ 2005  1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA 4 REPUBLISHING, ADOPTING, AND ENACTING THE CODE OF 5 ORDINANCES OF THE CITY OF FORT WALTON BEACH FLORIDA 6 2005; PROVIDING FOR A NEW ORGANIZATION AND NEW 7 NUMBERING SYSTEM; PROVIDING FOR INCORPORATION INTO 8 CODE BY REFERENCE; PROVIDING FOR CONSTRUCTION OF 9 FUTURE AMENDMENTS; PROVIDING A GENERAL PENALTY FOR 10 VIOLATION OF THE CODE; AND PROVIDING AN EFFECTIVE DATE. 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 13 BEACH, FLORIDA, AS FOLLOWS: 14 15 SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 16 166.021, Florida Statutes ( 2004). 17 18 SECTION 2. REPUBLICATION, ADOPTION AND ENACTMENT 19 The City Council hereby republishes, adopts, and enacts the " Code of Ordinances, City of 20 Fort Walton Beach, Florida 2005," consisting of four volumes, Volume I, Charter, Volume II, 21 Code of Ordinances, Volume III, Comprehensive Plan, and Volume IV, Land Development 22 Code, and designated by chapters 1 through 12, inclusive. (" Code") 23 24 SECTION 3. REORGANIZATION AND NEW NUMBERING SYSTEM OF CODE 25 This republication includes a new subject matter classification and is arranged in four 26 volumes. Volume I is the Charter of the City of Fort Walton Beach. Volume II, Code of 27 Ordinances, is code provisions other than the Land Development Code. This volume is arranged 28 by subject matter and alphabetically. This republication adopts a new numbering system that 29 permits broader expansion of chapters and subsections. A " Title" will designate a broad subject- 30 matter classification and be assigned a Roman Number, i.e., " Title V." Titles are intended only as 31 reference and are unnecessary for citation. A " Chapter" will contain a particular subset of the 32 subject matter and be assigned a whole Arabic number beginning with the title number, i.e., 33 " Chapter 5. 0, or Chapter 5. 10." A " section" will be the elements of a chapter and will usually 34 correspond to individual sections of ordinances. Each section is assigned a three- factor decimal 35 number which designates its placement within a title and chapter, i.e., " section 5. 10. 01." 36 This numbering system accommodates future provisions by assigning numbers in tens, 37 and giving the new element an intermediate decimal increment. Thus, a new chapter between 38 5.10 and 5. 2, could be assigned " 5. 11," or between 5. 01 and 5. 02, " 5. 011." A new section 39 between 5.10. 01 and 5. 10. 02 can be assigned " 5. 10. 011." 40 41 SECTION 4. REPEAL OF CERTAIN ORDINANCES 42 All ordinances of a general and permanent nature enacted on or before September 29, 43 2005, and not included in the Code or recognized and continued in force by reference therein, are 44 repealed. Toni L.Craig Page 1 5/ 11/2005 45 46 SECTION 5. PENALTY 47 Unless another penalty is expressly provided, every person convicted of a violation of any 48 provision of the pursuance thereof, shall be punished by a fine not exceeding five hundred dollars 49 500. 00), or for imprisonment for a term not exceeding sixty ( 60) days, or by both such fine and 50 imprisonment. Each act of violation and each day upon which any such violation shall occur shall 51 constitute a separate offense. The penalty provided by this Section, unless another penalty is 52 expressly provided, shall apply to the amendment of any Code section whether or not such 53 penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the 54 City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation 55 of license or permits. 56 57 SECTION 6. INCORPORATION INTO CODE BY REFERENCE; FUTURE 58 AMENDMENTS 59 Additions or amendments to the Code when passed in the form as to indicate the intention 60 of the City Council to make the same a part of the Code shall be deemed to be incorporated in the 61 Code, so that reference to the Code includes the additions and amendments. Ordinances adopted 62 after September 29, 2005, that amend or refer to ordinances that have been codified in the Code, 63 shall be construed as if they amend or refer to like provisions of the Code. 64 65 SECTION 7. EFFECTIVE DATE. 66 This Ordinance shall take effect immediately upon approval by the City Council and 67 signature of the Mayor. 68 69 70 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT 71 WALTON BEACH, FLORIDA ON THE _ DAY OF , 2005. 72 73 74 75 76 MICHAEL G. ANDERSON 77 MAYOR 78 79 80 81 ATTEST: Approved as to form and legal sufficiency. 82 83 84 85 HELEN A. SPENCER TONI 1.CRAIG 86 CITY CLERK CITY ATTORNEY 87 88 New language is underlined. 89 Deleted language is striekeB. Toni L.Craig Page 2 5/11/ 2005  CITY COUNCIL WORKSHOP May 17, 2005 Workshop Agenda Discussion of appealing, amending ordinances proposed for revising the Fort Walton Beach Municipal Code City Attorney) WA- 4 Agenda Item Number:  Toni L. Craig Attorney at Law TRANSMITTAL MEMORANDUM Date: 17 May 2005 To: Mayor Council City Manager City Clerk RE: Ordinance Amending Benefits for Mayor and Council 2005 Update and Recodification Suggested by HR Director, Attorney Current Provisions. 27- 4 Affected Reason for Changes Make consistent the designation of benefits with the actual plans offered by the City Proposed Amends language in 27- 4 to state " medical, dental, Substantive Changes and life" plans 151 Mary Esther Blvd Ste 408 Mary Esther FL 32569 850) 243- 6969 Fax: ( 850) 244- 8929 Cell: ( 850) 582- 6909 Email: attycrg@ao1.com  1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA 4 RELATING TO THE DECLARATION OF VACANCIES ON CITY 5 BOARDS, COMMITTEES, AND AGENCIES; SPECIFICALLY 6 AMENDING SECTIONS 27-4, HOSPITALIZATION FOR MAYOR AND 7 COUNCIL, OF THE CODE OF ORDINANCES, TO MAKE LANGUAGE 8 CONSISTENT WITH CURRENT MEDICAL, DENTAL, AND LIFE 9 INSURANCE PLANS OFFERED BY THE CITY; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 13 BEACH, FLORIDA, AS FOLLOWS: 14 15 SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 166. 021, 16 Florida Statutes ( 2004). 17 18 SECTION 2. REVISION OF SECTION 27- 4, HOSPITALIZATION FOR MAYOR AND 19 COUNCIL. 20 Section 27- 4, Hospitalization for mayor and council, of the Code of Ordinances is amended 21 as follows: 22 Sec. 27- 4. Hespitalizatiefl Benefits for mayor and council. 23 ( a) The mayor and any councilmember, during their respective terms of office, 24 are each eligible,at their request, for enrollment in the city' s medical. dental and 25 life insurance plans B.espitalizatiefl, HH~dieal and major medieal ifls1:lfanee plan 26 then in existence, individual or family coverage, with 100 percent of the premium 27 paid by the city. 28 ( b) The mayor and any councilmember enrolled in the plan pursuant to 29 subsection ( a) of this section, upon termination of their term of office, regardless 30 of reason, are each eligible, at their request, for continued enrollment in the plan, 31 individual or family coverage, with 100 percent of the premium paid by the 32 enrolled member. 33 ( c) Nothing in this section is intended to adversely affect the rights inuring to a 34 councilmember or the mayor during or after each respective term of office 35 pursuant to 42 use Section 300 ( COBRA). 36 ( d) Neither application nor acceptance for enrollment in the plan shall be 37 construed as granting a contractual right or entitlement to enrollment in the plan. 38 ( e) Continuance of eligibility to enroll in the plan is not assumed as a 39 contractual obligation of the city, and the right is reserved, at any time, to alter, 40 reduce, suspend or