Fort Walton Beach Council agenda — 02-19-08 workshop agenda — reading text

c) Ordinances. The ordinances of the present Town of Fort Walton, Okaloosa County, State of Florida, shall be and hereby are declared to be the ordinances of the City of Fort Walton Beach, hereby organized and established, until altered, amended, modified or repealed by the city council, except insofar as said ordinances may be modified, altered, amended or repealed by the provisions 1, of -this charter. Volume 1 - 10  CHARTER § 74 C Section 63. Offices and employment continued. All officers and employees of the Town of Fort Walton shall continue in their respective offices and employment, after the effective date of this charter, until they are replaced by election or appointment in accordance with the provisions of this charter. Section 64. Construction. a) Powers cumulative with state law.The enumeration of particular powers in this charter shall not be termed or held to be exclusive, but in addition to the powers enumerated herein, implied hereby, or applicable to the exercise thereof, which are now, or may hereafter be, possessed or enjoyed by cities under the constitution and general laws of this state, and such powers shall be cumulative and alternative powers to those herein granted and all the powers of the city, either expressed or implied, shall be exercised and embraced in the manner prescribed by this charter, or when not so prescribed, then in such manner as prescribed by ordinance or resolution of the council. b) Severability. If any section or part of a section of this charter is invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section of this charter, unless it clearly appears that such other section or part of a section is willingly and necessarily dependent upon the section which is unconstitutional or invalid. Section 67. Repealer. All laws and parts of law in conflict herewith are hereby repealed. Section 68. Effective date. This act shall take effect immediately upon its becoming a law, Section 73. Police jurisdiction over navigable waters. The City of Fort Walton Beach is authorized to exercise police jurisdiction over all navigable water within a distance of one -half ( 1/ 2) mile of the present city limits of the City of Fort Walton Beach, provided, however, that no such distance shall extend beyond the half-way portion of any said body of water.This charter shall not be construed to annex any portions of water at the present time or any future date. Section 74. Acquisition of recreational tracts. The City of Fort Walton Beach is authorized to acquire property on Santa Rosa Island outside the city limits of the City of Fort Walton Beach for recreational purposes, regardless of whether such lands are contiguous to the present city limits, by passage of an ordinance of the city council without regard to any general or special law of the state now existing. Volume 1 - 11  O C  HISTORICAL NOTES & STATE LAW REFERENCES Charter Section Notes /State Law References 2 Ord. No. 687 3 -14 -78 4 Ord. No. 755 2 -8 -83 9 166.041, Fla. Stats. 2004 ; Ord. No. 687 3 -14 -78 10 166.041, Fla. Stats. ( 2004); Ord. No. 687 3 -14 -7$ 11 166.041, Fla. Stats. ( 2004); Ord. No. 687 3 -1478 24 Repealed, pursuant to Municipal Home Rule Powers Act 25 Repealed, ursuant to Municipal Home Rule Powers Act 26 166.041, Fla. Stats. ( 20041; Ord. No. 687 3 -14 -7$ 27 Repealed, ealed, ursuant to Municipal Home Rule Powers Act 28 Repealed, _pursuant to Municipal Home Rule Powers Act 29 -. Repealed, pursuant to. Municipal Home Rule Powers Act 30 Repealed, pursuant to Municipal Home Rule Powers Act 31 Repealed, pursuant to Municipal Home Rule Powers Act 32 Re ealed, pursuant to Municipal Home Rule Powers Act 33 Repealed, pursuant to Municipal Home Rule Powers Act 34 Repealed, pursuant to Municipal Home Rule Powers Act 35 Section 35 Contractual liability dependent on prior appropriation was repealed, pursuant to Municipal Home Rule Powers Act 35 Section 35 Accounts for specific appropriations was repealed, pursuant to Municipal Home Rule Powers Act 36 Repealed, Pursuant to Municipal Home Rule Powers Act C 37 43. 1 44 Repeated, pursuant to Municipal Home Rule Powers Act Re ealed, pursuant to Municipal Home Rule Powers Act Re ealed, pursuant to Municipal Home Rule Powers Act 45 Ord. No. 687 3 -14 -78 46 Ord. No. 687 3 -14 -78 47 Re ealed, pursuant to Municipal Home Rule Powers Act 48 Repealed, pursuant to Municipal Home Rule Powers Act 49 Ord. No. 687 3 -14 -78 See Fla. Cont. art. V § 20( d) C4) 50 Ord, No. 687 3 -14 -78 51 Ord. No. 687 3 -14 -78 53 Ord. No. 687 ( 3- 14-78); Ord. No. 687.3 10 -26 -82 54 Ord. No. 687 3 -14 -7$ 59 98. 041, 166. 032, Fla. Stats ( 2004); Ord. No. 687 3 -14 -78 61 Ord. No. 687 3 -14 -78 66 166. 141, Fla. Stats. ( 2004); Ord. No. 687 3 -14 -78 69 Ord. No. 687 3 -14 -78 70 Repealed, pursuant to Municipal Home Rule Powers Act 71 Ord. No. 687 3 -14 -78 72 Repealed, pursuant to Municipal Home Rule Powers Act Volume 1 - 13  LAWS OF FLORIDA - SECTION This table compares the Laws of Florida that have been incorporated into the Charter and any amendments thereto. Laws of Florida Chapter I Section Charter Section 18539 ( 1937) City first created and chartered as a municipal- 21247 ( 1941) City Reincorporated as Town of Fort Walton Beach 24529 1947 New charter 29092 1953 1 - 74 1 - 74 29093 1953 1 30070 1955 40 30770 1955 2 30771 1955 70 30772 1955 49 57 -1333 12 19 33 44 45 69 59 -1243 4 61 -2178 13 61 -2179 29 61 -2180 25 61 -2181 53 63 -1348 4 63 -1349 72 65 -1558 73 65 -1559 1- 2 74 Notes: Section 2 of the law provided that the act shall be interpreted as giving the City of Fort Walton Beach the right to acquire land for recre- ational purposes only and shall not be construed or interpreted in. any way to incorporate or cause to be incorporated any of the said lands." 57 -1395 4 n 67 -1397 171 Volume 1 - 15  FORT WALTON BEACH CODE Laws of Florida Chapter Section Charter Section 71 -644 2 33 38 -43 43. 1 33 72 -544 33 92 -270 5 c O Volume 1 - 16  SECTION - LAWS OF FLORIDA This table compares Charter sections that have been incorporated or amended by certain Laws of Florida. Laws of Florida Section in Charter Section Chapter Charter 1- 74 29092 ' 1953 1-- 74 1 29093 1953 2 30770 1955 2 71 -644 4 59 -1243 4 63 -1348 4 67 -1395 5 92 -270 12 57- 1333 13 61 -2178 19 57 -1333 25 61 -2180 29 61 -2179 33 57 -1333 33 71 -644 33 72 -544 c 38-- 43 40 71- 644 30070 1955 41 71 -644 42 71- 644 43 71 -644 43. 1 71 -644 44 57 -1333 45 57 -1333 49 30772 1955 53 61 -2181 69 57 -1333 70 30771 1955 71 67 -1397 72 63 -1349 73 65 -1558 74 65 -1559 1- 2 Volume 1 - 17 C  REFERENDA TO SECTION This table shows the location within the Charter of measures approved at referenda for which there are no ordinance numbers or chapters of the Laws of Florida assigned. Referendum of Section in Charter 5 -8 -79 6. 5 -12 -81 4 4A 60 65 11 - 2 -82 4 4B Section 4A originally codified by Ord No. 723; new section 4A enacted by referendum; provisions concerning filling of vacancies codified as new section 4B to avoid duplicate