Fort Walton Beach Ordinance — 1790 amend city charter sec 21,22,23 Removing Finance Director as Charter Officer — reading text

READING 1st 2nd ORDINANCE 1790 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY AND INTENT; AMENDING SECTIONS 21, 22, AND 23 OF THE CITY CHARTER TO RE- MOVE ARCHAIC AND OBSOLETE PROVISIONS REGARDING FINANCE PROCEDURES; AMENDING SECTION 53 TO RE- MOVE THE FINANCE DIRECTOR AS AN OFFICER APPOINTED BY THE CITY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. Authority a. Pursuant to the authority of the Home Rule Powers vested in the City through section 2( b), Article VIII of the Florida Constitution and further through section 166.021 of the Florida Statutes ( 2007), the City has the govern- mental, corporate, and proprietary powers to enable it to conduct municipal gov- ernment, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. b. Section 166. 021( 4) of the Florida Statutes, adopted in 1973, spe- cifically provided that " Any other limitation of power upon any municipality con- tained in any municipal charter enacted or adopted prior to July 1, 1973, is here- by nullified and repealed." c. Sections 21, 22, 23, and 53 of the City Charter were originally adopted in 1953 and have not been readopted since the effective date of the Home Rule Powers Act in 1973. d. The City Council finds that the language in sections 21, 22, and 23 regarding finance procedures is archaic, obsolete, and subject to repeal by ordi- nance of the City Council. e. Section 53 of the City Charter provides that the City Council ap- points the Finance Director. The City Council finds that it is in the best interests of the council- city manager form of government that the Finance Director be se- lected by the City Manager and clearly designated as a department director un- der the supervision of the City Manager. Therefore, the Council finds it is neces- sary to repeal that part of section 53 regarding Council appointment of a " finance and that such amendment can be made by ordinance of the City Coun- director," cil. lof4 1790 - charter finance director.doc Section 2. Repeal of Sections 21, 22, and 23 of the City Charter; and Amendment of Sections 2. 14. 01 and 4.01. 01 of the Code of Ordinances a. Pursuant to the authority of section 166. 021( 4) of the Florida Stat- utes, the City Council hereby repeals sections 21, 22, and 23 of the City Charter as follows: TITli I' J. FINANCE PROCiDURiS Section 21. Department of finance and administration; direstor. Subject to the supervision and control of the cil}'manager, the di rector of finance shall ha~'e charge of the department of finanGe and administration and of the financial affairs of the city, incllJding the keeping and supervision of all accounts, the le~:y, assessment and collection of taxes and other revenue, the making and collection of special assessments, the custody and disbursement of city funds and moneys, the control oJ/ er expenditures and such other duties as the council may by ordinance provide. Section 22. Department of finance anEl aElministration; Elh.ision of auElits and aGcounts. There shall be in the department of finance and administration a di vision of audit and accounts, the head of ~ JJhich shall be the control ler, ~lIho shall be char.ged ~. vith keeping and super\'ising the ac counts for all departments and offioes of the city. Forms for all such accounts shall be prescribed by the direotor of finance, ~ J: ith the ap pro~/al of the city manager, ~/,,' hich shall be adequate for recording all cash receipts and disbursements, all revenues accrued and all Ii abilities incurred, as ...tell as all transactions affecting the acquisi tion, custody and disposition of municipal properties and values. Reports shall be made at regular intervals to the division of audit and accounts by each department and office, shoJ/: ing the receipt of all moneys and the disposition thereof. Financial reports shall be prepared for each quarter and fiscal year and for such other periods 3& may be required by the oity man3ger. Suoh reports shall bo submitted by the manager to the oouncil. Section 23. Department of finans8 anEl aElministratien; Elivision of treasury. There shall be in the department of finance and administration a di ision of treasury, the head of ~. Yhich shall be the treasurer. .^ tll taxes and moneys recei~'ed by any officer or employee of the city, or in connection ...:ith the business of the city, shall be paid promptly into the treasury and shall be deposited ~lJith responsible banking insti tutions designated by the council in accordance ~J,,~ ith such regula tions and subject to slJoh reqbtiroments as to security therefor and interest thereon as the council may by ordinance establish. /\ 11 in terest on money so deposited shall accrue to the benefit of the city. 2of4 1790 - charter finance director.doc  b. The City Council hereby amends as follows section 2. 14. 01 of the Code of Ordinances for consistency with the provisions of subsection a. above: Sec. 2. 14. 01. Charter Officers, Duties. There are three four ch3rter officers set out in the City Charter: city manager, city clerk, finance director, and city attorney. These GAaF- teF officers shall have the duties and responsibilities as required of them by the City Charter, this Code, and any ordinance, resolution, or contract adopted and approved by the city council. c. The City Council hereby amends as follows section 4. 01. 01 of the Code of Ordinances for consistency with the provisions of subsection a. above: Section 4. 01. 01. Authority of Finance Director to Sign CheGks. a. The finance director. subiect to Florida law and the supervision of the city manaoer. shall adopt procedures for the re- ceipt. recordino. and disposition of all city funds and moneys. keep- ino and supervisina of all accounts. the levY. assessment and col- lection of taxes and other revenue. the makinc and collection of special assessments. the custody and disbursement of city funds and moneys. the control over expenditures. and such other duties as the city manaoer may reauire. b. Finance reports shall be made to the finance director by each department and office showino the receipt and disposition of all moneys for each auarter. fiscal Year. and at other times as may be reauired by the city manaoer. The city manaoer shall sub- mit such reports to the council. c. The city manager and the director of finance director are hereby authorized to be the officers who shall sign the various checks and other instruments of withdrawal on behalf of the city. The mayor may sign on behalf of either the manager or the director if either of those officers is unavailable for signature. d. The city manager and the finance director are also authorized to draft, propose, and amend as necessary and lawful. the comprehensive fee schedule. Section 3. Repeal of Parts of Section 53 of the City Charter Pursuant to the authority of section 166. 021 (4) of the Florida Statutes, the City Council hereby repeals parts of section 53 of the City Charter as follows: 30f4 1790 - charter finance director.doc  Section 53. City officers; appointment and compensation. The city council shall appoint the city clerk, and the city attorney, the finance director and the recorder. All other appointed officers and employees shall be appointed selected by the city manager. The council shall fix, by resolution, the compensation of the city manager, the mayor, the city clerk, and the city attorney, the fi nance director and the recorder. The city manager shall fix the sala- ries or compensation of all other officers and employees. Section 4. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. cJ~ c1 atJ 9 4rk~ rr Mike Anderson, Mayor C7dOPt . Attest: Approved for form and legal sufficiency. Helen Spe r, City Clerk Toni L. Craig, City Attorn New language is underlined. Deleted language is strickeR. Codification Instructions: Section 2 amends section 21, 22, 23 of the City Charter, and sections 2. 14. 01 and 4. 01. 01 as stated. Section 3 amends section 53 of the City Charter as stated. Sections 1 and 4 are not codified. DISPOSITION 40f4 1790 - charter finance director.doc  r Vi f. $- FU')~ LegaI5548~,~~:,; ". ,; Daily CI1Y OF FORT WALTON, BEACHj: FLORIDA ., NOTICE O~ PUBLIC News A HEARING PUBl1~ HEARING will be held on the, following Published Daily g~ogos~:~ fci~nfu~Fda~~ Fort W altonBeach, Florida i~~~K. g6~~~~ la~nFt~~ :.