Fort Walton Beach Ordinance — 2218-Amending COO Section 6.03 Benefits of Mayor and Council — reading text

s='ADING DATE 1st 2 acs6 ORDINANCE 2218 2nd a 10 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING SECTION 6.03, CODE OF ORDINANCES TITLED BENEFITS OF MAYOR AND COUNCIL 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 AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166. 021( 1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, and the City Charter. SECTION 2. FINDINGS OF FACT. WHEREAS, Section 33 of the City Charter prohibits compensation of the City Council and Mayor; WHEREAS, Section 6.03. 01, Code of Ordinances conflicts with the City Charter by setting forth a program for Councilmembers, the Mayor, and their respective families to receive health insurance that is paid for by the City; WHEREAS, the City Council deems it is in the best interest of the public to repeal Section 6.03. 01, Code of Ordinances as it expressly conflicts with the City Charter; WHEREAS, the City Council likewise deems it necessary to clarify that any former Councilmembers or Mayor whom are still participating in the City' s health insurance and paying their own premiums are permitted to continue said participation if their terms of office ended on or before April 2025; WHEREAS, a public hearing has been conducted by the City Council after due public notice. SECTION 3. RECITALS. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 4. CODE OF ORDINANCES. Section 6.03, of The Code of Ordinances of the City of Fort Walton Beach is hereby amended with additions underlined and the deletions struck through:  6. 03 BENEFITS FOR MAYOR AND COUNCIL The mayor and any councilmember, during their respective terms of office, are each eligible, at their request, for enrollment in the city's medical, dental and life premium paid by the city. 6. 03. 012 Continuation of Coverage. The mayor and any councilmember enrolled in such plans, upon termination of their term of office, if their term ended on or before April 2025, regardless of reason, are each eligible, at their request, for continued enrollment in the plan, individual or family coverage, with 100 percent of the premium paid by the enrolled member. 6. 03. 023 No Adverse Effects on Rights to COBRA. Nothing in this section is intended to adversely affect the rights inuring to a councilmember or the mayor during or after each respective term of office pursuant to 42 USC Section 300 ( COBRA). 6. 03. 03-4- City' s Right to Alter or Cancel. Neither application nor acceptance for enrollment in the plan shall be construed as granting a contractual right or entitlement to enrollment in the plan. Continuance of eligibility to enroll in the plan is not assumed as a contractual obligation of the city, and the right is reserved, at any time, to alter, reduce, suspend or discontinue the plan or eligibility for enrollment in the plan by the mayor and council members, past or then so serving. SECTION 5. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. SECTION 6. CODIFICATION. It is the intention of the Fort Walton Beach City Council that the provisions of this Ordinance shall become a part of the City' s Code of Ordinances; and that sections of this Ordinance may be renumbered or re- lettered and the word " ordinance" may be changed to chapter", " section", " article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of the same with the City Clerk. SECTION 7. EFFECTIVE DATE This ordinance shall take effect immediately upon approval on second reading by City Council and signature of the Mayor. Adopted: Al.k , 3- l k lac v a to Nic=