Fort Walton Beach Ordinance — 2200--Ballot Question #6 Chrt Amend-Remove Budget Limitation — reading text

5r? oi5' ORDINANCE 2200 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING SECTION 35 OF THE CITY CHARTER; PROVIDING FOR A REFERENDUM ON THE CHARTER AMENDMENT; PROVIDING FOR A BALLOT QUESTION; PROVIDING FOR A VOTE AT THE MARCH 10, 2026 ELECTION ON WHETHER TO REMOVE SECTION 35 OF THE CITY CHARTER RELATING TO LIMITATION ON ANNUAL BUDGET EXPENDITURES; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 166. 031, Florida Statutes. SECTION 2. FINDINGS OF FACT. WHEREAS, Florida Statutes Section 166. 031( 1) provides, in part, that "[ t]he governing body of a municipality may, by ordinance... submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality"; and, WHEREAS, the City Council has proposed deletion of section 35 of the City Charter dealing with limitation on annual budget expenditures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 3. RECITALS ADOPTED. The foregoing " Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this ordinance upon adoption hereof. SECTION 4. CHARTER AMENDMENT. For purposes of interpreting the revisions, text that is underlined is an addition to the existing text of the City Charter and text that is struck through is a deletion from the existing text of the City Charter. UPDATE CITY CHARTER TO DELETE SECTION 35 OF THE CITY CHARTER RELATING TO LIMITATION ON ANNUAL BUDGET EXPENDITURES. If the ballot language is approved, it would amend the City Charter to remove Section 35 in its entirety. and approval, those annual budgeted expenditures hereinafter referred to as " the limited which is the lesser of three percent( 3%) or the percentage change of the then current Department of Labor, Bureau of Statistics, Consumer Price Index ( CPI) ( all items) as calculated for the 1) Total expenditures for personnel services that are to be paid for all services from all funds combined. 2) Total expenditures for operating expenses that are to be paid for all services combined from the general fund. 3) Expenditures for capital projects, capital outlays, and capital improvement programs, sources other than the ad valorem taxes. the following described sources or in the event of the described circumstances: 1) Emergency expenses not otherwise payable from legally available reserve accounts. Emergency expense means an expense which is necessary to: ( a) prevent an imminent threat to liability on the part of the City, (f) emergency" does not mean a revenue shortfall, ( g) " determination of what constitutes an emergency shall be subject to judicial review.(2) Expenditures funded by gifts or grants. Grants boing defined herein as any funding the City receives from any source that does not need be refunded or repaid, but net including for personnel services, the matching portion would be subject to the spending federal or state declared emergency and are intended to cover the expenditures necessary to respond to the disaster or emergency.  1) Expenditures made from any funds which the City receives from special assessments. All terminology utilized herein, such as " personnel services," " operating expenses," general fund," " services," " departments," " capital projects," " capital outlays" and " capital adopted budge+ ently SECTION 5. OFFICIAL BALLOT QUESTION. The ballot to be used in the referendum election shall be in full compliance with the laws of the State of Florida, and shall be in substantially the following form: Ballot Question 6: Official Ballot Deleting Charter Section 35 which Establishes Limitations on increases to Annual Budget Expenditures Shall the City Charter be amended to repeal Section 35 titled " Limitation on Annual Budget Expenditures", which limits annual increases in the budget, and which does not limit increases to property tax millage rates? Yes No SECTION 6. NOTICE OF ELECTION. The above Charter amendment contained in this ordinance shall be sent to a referendum election and shall become effective if a majority of voters vote to approve the amendment in the election on March 10, 2026. An amendment approved by City voters as provided by law shall be effective immediately and become a part of the City Charter. If approved, the City Clerk is requested to promptly file the amended Charter with the Department of State, as required by Section 166. 031( 2), Florida Statutes. SECTION 7. PLACES OF VOTING, INSPECTORS AND CLERKS. All qualified electors residing within the City shall be entitled and permitted to vote at such referendum election on the proposition provided herein. The time and places of voting and the inspectors and clerks of the referendum election to be held on March 10, 2026 shall be those designated by the Okaloosa County Supervisor of Elections in accordance with law. SECTION 8. VOTE-BY-MAIL. Any electors participating in said referendum shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to voting by mail. The form of ballots to be used in such referendum election for these voters shall be the same as used at the polling places for such election. SECTION 9. EARLY VOTING. Adequate provisions shall be made for early voting as required by § 101. 657, Florida Statutes. The form of ballots to be used in the referendum for early voting shall be the same as used in the polling places for the election. The Supervisor of Elections shall designate the early voting dates, times, and locations. SECTION 10. PRINTING OF BALLOTS. The Supervisor of Elections is authorized and directed to have printed a sufficient number of the aforesaid ballots for use of vote-by-mail electors entitled to cast such ballots in such referendum election and shall also have printed sample ballots and deliver them to the inspectors and clerks on or before the date and time for the opening of the polls for such referendum election for the voting places; and, further, is authorized and directed to make appropriate arrangements for the conduct of the election at the polling places specified. SECTION 11. ELECTION PROCEDURE. The Supervisor of Elections shall hold, administer, and conduct the referendum election in the manner prescribed by law for holding such elections in the City. Returns shall show the number of qualified electors who voted in such referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with law. SECTION 12. REFERENDUM RESULTS. If a majority of the ballots cast at such election shall be to repeal section 35 of the City Charter regarding limits to increases in the annual budget, then the amendment of the Charter shall be approved. SECTION 13. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence or paragraph hereof. SECTION 14. CONFLICTING PROVISIONS. All ordinances in conflict or inconsistent herewith are repealed insofar as there is conflict or inconsistency. SECTION 15. EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. However, the limitation on expenditures authorized hereunder shall only be effective upon approval by a majority vote of the qualified electors of the City of Fort Walton Beach voting in a referendum. SECTION 16. INCORPORATION INTO THE CITY CHARTER. This ordinance shall be incorporated into the City of Fort Walton Beach' s Charter and any section or paragraph number, or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Adopted: c.e n, 1ce r i LQ ` .. o a- 5 Nic Allegre i o 64 : ,• r Attest: Approved .. to le.• 1 form and sufficiency for the C. of Fo` Walton Beach, only. Kim . Barnes, City Clerk Jeffrey Lid ..:, City Attorney k