Fort Walton Beach Ordinance — 2122--Vacation of ROW - Portion of Adler Ave SE--Recorded — reading text

READING DATE 1st y o 2nd ORDIINANC E 2130 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE CITY OF FORT WALTON BEACH MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND; AMENDING SECTION 2. 06. 03( C) BOARD OF TRUSTEES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Municipal Firefighters' Pension Trust Fund is administered by a Board of Trustees; WHEREAS, the Municipal Firefighters' Pension Trust Fund provides for a two year term of office for each of the 5 trustees; WHEREAS, Chapter 175 of the Florida Statutes permits trustee terms of office to be either 2 years or 4 years. WHEREAS, the City of Fort Walton Beach City Council finds that it would be in the best interest of the citizens of the City and the members of the Municipal Firefighters' Pension Trust Fund to amend the Plan as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1: That section 2. 06. 03( c) of the Municipal Firefighters' Pension Trust Fund is hereby amended as follows: c) Board of Trustees. 1) The sole and exclusive administration of and responsibility for the proper operation of the retirement plan and for making effective the provisions of this ordinance are hereby vested in a Board of Trustees consisting of five ( 5) Trustees, two ( 2) of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the Fort Walton Beach City Council, and two. 2) of whom shall be full-time Firefighter members of the plan, who shall be elected by a majority of the Firefighters who are members of the plan. The fifth trustee shall be chosen by a majority of the previous four ( 4) trustees as provided for herein, and such person's name shall be submitted to the Fort Walton Beach City Council. Upon receipt of the fifth person' s name, the Fort Walton Beach City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth trustee. The fifth trustee shall serve a two ( 2) four (4) year term and have the same rights as each of the other four (4) trustees appointed or elected as herein provided and may succeed themselves in office. Each resident trustee shall serve as Trustee for a period of twe 2) four (4) years, unless sooner replaced by the Fort Walton Beach City Council at whose pleasure they shall serve, and may succeed themselves as a Trustee. Each Firefighter trustee shall serve as Trustee for a period of two ( 2) four (4) years, unless they sooner leave the employment of the City as a Firefighter or their position as  Trustee, whereupon their successor shall be chosen in the same manner as the departing member. Each Firefighter may succeed themselves in office. The term of office of each trustee position shall become four (4) years after the effective date of this ordinance and after the current term of office for that trustee position expires or the trustee position is vacated and a new trustee is elected or appointed. The Board of Trustees shall meet at least quarterly each year. Each Board of Trustees shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Fort Walton Beach. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon its adoption on second reading by City Council and signature by the Mayor. Adopted: - Nee me i to ao a 3 Richard A. Rynears , Mayor Attest: Approved as to legal form and sufficiency for the Cit of Fort Walton Beach, only. Kim . Barnes, City Clerk Kimberly ' Ono Kok •, I ity Attorney Additions are underlined; deletions are stricken. Mu.to p 7 rte, . rt‘eto fi01© A  File a 3667195 01/ 22/ 2024 05: 11: 55 PM Total Pages: 4 Fees: $ 35. 50 " JD Peacock II Clerk of Circuit Court a Comptroller FREADIN431 Doti Okaloosa County, FL Ist ' S „" 2nd 13 ORDINANCE 2122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF A PORTION OF RIGHT-OF- WAY AT ALDER AVENUE SE AND MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT A; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 30, 2023, the Growth Management Department received an application for Vacation of a portion of Alder Avenue SE right-of-way ; and WHEREAS. City staff has advised that the requested vacation of right-of-way application meets the requirements of 9. 02. 10 of the City' s Land Development Code; WHEREAS, upon review, the City Council finds that the requested vacation of right-of- way for that portion of Alder Avenue SE identified herein does meet the requirements of 9.09.02, of the City' s LDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority, Intent, and Incorporation A. The authority for enactment of this ordinance is contained in Chapter 166 Florida Statutes and the City Charter. B. The City Council conducted public hearings on May 23, 2023, and June 13, 2023, after giving due public notice. C. The above recitals are true and correct and incorporated herein. Section 2. Findings of Fact The City Council hereby finds the following: A. The area proposed for vacation no longer serves a public purpose; B. The proposed vacation is consistent with the Comprehensive Plan; C. Approval of the proposed vacation shall not deny access to private property; D. Approval of the proposed vacation shall not result in a loss of public safety: considering vehicular and pedestrian movement; E. Approval of the proposed vacation shall not result in a loss of access by emergency vehicles; and F. Approval of the proposed vacation shall not result in a loss of public services, such as waste collection or maintenance of public facilities.  Section 3. Vacation, Abandonment, Discontinuance, Closure The City s interest in the following described right- of-way is hereby vacated with the right to retain a utility easement within the vacated portion: Alder Avenue SE right-of-way described as: THE WEST 20.00 FEET OF RIGHT- OF- WAY OF ALDER AVENUE SE LOCATED ADJANCENT TO LOTS 192 THROUGH 194, INCLUSIVE, OF OCEAN CITY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 28A, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. Section 4. Severability If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. Section 5. Effective Date This Ordinance shall take effect immediately upon adoption on second reading by City Council and signature of the Mayor. Adopted: z G 4— Richard A. Rynearso , Mayor Attest: Approved for form, legal sufficiency Kimberly Kim W.Barnes, City Clerk t Kopp, r terii4 City Attorney s @ s, e eee. auf eu •. 1dd teen i ell Spy z w eti t B 6! J VAIIALbN r 4x Wud36' 311lHAYk7G1N + * T F sx 1 IC lien 11: 4„ -.  File tt 3667196 01/ 22/ 2024 05: 11: 55 PM Total Pages: 2 Fees: $ 18. 50 JD PeacockCouniy, Okaloosa rr Clark Fl. of Circuit Court 6 Comptroller ItFAUINC DATF ht f, !)201 , 2nd ORDINANCE 2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF A RIGHT-OF-WAY ON ALDER AVENUE SE AND MORE PARTICULARLY DESCRIBED AND DEPICTED IN ATTACHED ( EXHIBIT A); 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 A. The authority for enactment of this