Fort Walton Beach Ordinance — 1780 City Home Rule Power — reading text

ORDINANCE 1780 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY AND INTENT; AMENDING SECTION 8 OF THE CITY CHARTER TO REMOVE LIMITATIONS ON THE CITY' S HOME RULE POWERS AND TO RECONCILE INTERNAL INCONSISTENCY WITH POWERS OF THE MAYOR; AND SETTING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. Authority & Intent 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 governmental, corporate, and proprietary powers to enable it to conduct municipal government, 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) Florida Statutes, adopted in 1973, of the specifically provided that " Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed." c. The City Charter establishes a city manager- council form of government with the Mayor elected at large. By the authority of section 6 of the City Charter, the Mayor has the rights, privileges and immunities of a member of the council except that he shall have the right to cast a deciding vote should any issue before the members of the city council end in a tie vote. d. Section 8 of the City Charter was adopted in 1953 and provides that "the affirmative vote of a majority of the members elected to the council shall be necessary to adopt any ordinance, resolution, order or vote, except that a vote to adjourn or regarding the attendance of absent members may be adopted by a majority of the members present." e. The City Council finds that the requirement of a vote of a majority of the members elected to the council is a limitation of the City' s home rule power because it has in recent actions and may again in the future restrict the Council' s ability to conduct municipal government and perform municipal functions when less than all of the members of Council are present. f. The City Council further finds that the stated requirement in section 8 regarding the necessity of a vote of a majority of the members elected to the lof2 1780 charter section 8. doc council is inconsistent with the Mayor' s authority to cast a deciding vote should any issue before the members of the City Council end in a tie vote. g. The City Council finds that the inconsistent provision of section 8 described in section 1d. above does not affect the exercise of the City' s extraterritorial powers, the creation or existence of the City, the terms of elected officers and the manner of their election, the distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees. h. The City Council finds that amending the City Charter to remove limitations on its Home Rule Powers and to reconcile the internal inconsistency with the powers of the mayor is not expressly prohibited by law otherwise. Section 2. Amendment of Section 8, City Charter Therefore, pursuant to the authority of section 166. 021( 4) of the Florida Statutes, the City Council hereby amends section 8 of the City Charter to formally repeal the requirement of a vote of a majority of the members elected to the council as follows: Section 8. Quorum; compelling attendance of members. A majority of the members elected to the council shall constitute a quorum to do business, but a lesser number may adjourn from time to time to compel the attendance of absent members, in such manner and under such penalties as may be prescribed by ordinance. The affirmative ~-'ote of a majority of the members electeEl to the council shall be necessary to adopt any ordinance, resohJtion, order or '-' ote, except that a vote to adjourn or regarding the attendance of aBsent members may be adopted by a majority of the members present. No member shall be excused from voting, except on matters involving the consideration of his own official conduct, or when his financial interests are involved. Section 3. Effective Date This ordinance shall take effect immediately upon approval by the City Council. U7~? ,/ Adopted t'Aoor' Mike Anderson, Mayor Attest: New language is underlined. Codification Instructions: Deleted language is stricken. Sec. 2 amends Section 8, City Charter as stated. Other sections, not codified. 2of2 1780 charter section 8. doc  CITY OF FORT WALTON BEACH, FLORIDA Legal 5075 NOTICE OF PUBLIC HEARING CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance at 7: 00 p. m. on at Fort Walton Beach City Hall, 107 te Ph~~ J'~ nHt~~ R~~ Tuesday, October 14, 2008, in the Council Chamber p ~I~~ ill Miracle Strip Parkway, SW, at which time the City Council will consider its adoption into 7~8bosed ordin~ n~: n e: da~, law. The ordinance in its entirety may be inspected at the Office of the City Clerk during <: 5 :-~' l: 2~~ toC~~ ncil Chambe'r ~~ regular working hours. All interested parties may appear at the meeting and be heard th~ Fort Walton Beach . City WI th respec t t 0 thOIS propose d or d'mance, Hall, 107 Miracle Strip Parkway, SW, at which time the City Council will consider its adoption into ORD 1780 law. The ordinance in its entirety may be inspected at the Office of the City AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING Clerk during regular in~ r~ AUTHORITY AND INTENT; AMENDING SECTION 8 OF THE CITY CHARTER TO ~~;~ art~~~ a:~ e REMOVE LIMITATIONS ON THE CITY' S HOME RULE POWERS AND TC h~a~~ wWh~~~~ ec~~o t~ i~ i~ RECONCILE INTERNAL INCONSISTENCY WITH POWERS OF THE MAYOR; AN[ proposed ordinance. SETTING AN EFFECTIVE DATE. ORD 1180 AN ORDINANCE OF Any person who decides to appeal any decision made with respect to any matte WILTg~ OFBE~~~~ RIDA; considered at such hearing will need a record of the proceedings, and for such purposE f~~ Aufag~:~ may need to ensure that a verbatim record of the proceedings is made, which recorc ~~ DINW~EE~ ONA8 includes the testimony and evidence upon which the appeal is to be base< VIR , gER~Jl6v~HLf:: FS286. 0105). ITATIONS. ON THE CITY' S HOME RULE POWERS AND TO O~~~ The City of Fort Walton Beach adheres to the Americans with Disabilities Act and wi ~~ ENSIS~~Ufy s make reasonable modifications for access to this meeting upon request. Please call th~ ttllH~~' ' tf:~ A~& City Clerk, Helen Spencer at 850- 833- 9509 to make a request. For Hearing Impairet f~ I~,g.E AN' EFFEC- dial City Hall TDD 850- 833- 9925 or 1- 800- 955- 8771 ( TDD) or 1- 800- 955- 8770 ( VOICE; . . n o Requests must be received at least 48 hours in advance of the meeting in order to allov ~ nYa~~~~ a~~ 1~~ d~~~~ the City time to provide requested service. ~~~: r~~~ srd~~: dt~? s~~ h hearing will need a rec- ord of the proc~edings, and for such purpose may need to ensure that Helen Spencer