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

shall be styled in such a manner that a " yes" vote will indicate approvalof the proposal and a " no" vote will indicate rejection. Belowthe ballot title shall appear the following question; Shall the above [ Charter amendment] [ordinance] be adopted ?" Immediately below such question shall appear in the following order, the words "Yes for Approval" and also the words "No for Rejection" with a sufficient blank space thereafter for the placing of the symbol "X" to indicate the voter's choice, if voting machines are not used. Section 4.05. Schedule and notice of elections. a) Regular. The regular election of councilmembers shall be held on the first Tuesday in November of each year. The election of the councilmembers for a term of two years shall be conducted so that three members shall be elected every even -numbered year and two members shall be elected every odd -numbered year, and continuing in that order until their successors are elected and take office. At all elections the candidates receiving the greatest number of votes corresponding to the number of seats voted upon shall be elected. If there is a http: //iibra y . municode.corn/ default/DocView /11654 /1/ 3/ 7 1/ 2/ 2008 ARTICLE IV. ELECTIONS* Page 2 of 2 tie vote for winner of a seat the city council shall make provision at its next meeting for a special runoff election between the candidates receiving the tie vote to be held within 30 days. The three councilmembers who would have stood for election in the March 2008 election shall continue in office until the November 2008 election, and the two councilmembers who would have stood for election in the March 2009 election shall continue in office until the November 2009 election. b) Regular unexpired term. An election to fill an unexpired term shall be held at the same time as the regular annual election in accordance with paragraph ( a) of this section. c) Special. Special municipal elections shall be held in the same manner as the regular annual election except that the city council, by ordinance, shall fix the time of holding such special elections. d) Public notice. All elections held pursuant to this Charter shall have at least 30 days' notice of election or referendum by publication in a local newspaper. The publication shall be made at Ieast twice, once in the fifth week and once in the third week prior to the week in which the election or referendum is to be held. Ord. No. 2003 -10, § 4, 4 -1 - 2003; Ord. No. 2007 -12, § 1, 6 -17 -2007) Section 4.06. City canvassing board. The city canvassing board shall be composed of the Charter officers and the city attorney shall act as chairman. At the close of the polls of any city election, or as soon thereafter as practicable, the board shall meet at a place and time designated by the chairman and shall proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as shown by the returns then on file in the office of the supervisor of city elections. The board shall prepare and sign a certificate containing the total number of votes cast for each person or other measure voted on. The certificate shall be placed on file with the city clerk. Section 4.07. Recall. Any member of the city council may be removed from office by the electors of the city following the procedures for recall established by general law. State law references: Recall of municipal elected officials, F. S. § 100. 361. Vt,w http:// Iibraryl ..municode.com/ default/DocView/ 1. 1654/ 1/ 3n 11212008 ARTICLE V. GENERAL PROVISIONS Page 1 of 2 ARTICLE V. GENERAL PROVISIONS Section 5. 01. Charter amendments. This Charter may be amended in accordance with the provisions for charter amendments as specified in the Municipal Home Rule Powers Act, F. S. ch. 166, or its successor. The form, content, and certification of any petition to amend shall be established by ordinance. State law references: Procedure for amending Charter, F. S. § 166. 031. Section 5. 02. Oath of officers. After election, or appointment and before taking office each councilmember or Charter officer of the city shall swear or affirm: 1 do solemnly swear ( or affirm) that I will support, honor, protect, and defend the Constitution and government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State and under the Charter of the City of Vero Beach; and that I will well and faithfully perform the duties of (title of office) on which I am now about to enter so help me God." Ord. No. 2003 -10, § 4, 4 -1 - 2003) State law references: Oath of office, F. S. § $ 76. 05. Section 5. 03. Limitation on employment of councilmembers. No councilmember shall be employed by the city nor shall a former councilmember be employed by the city until after the expiration of one year from the time of leaving office. Ord. No. 2003 -10, § 4, 4 -1 - 2003) Section 5. 04. Budget adoption. The council shall adopt an annual budget for the city by ordinance before October 1 of each year. An ordinance adopting an annual budget shall constitute appropriations of the amounts specified as expenditures from the funds indicated and shall constitute a levy of the property tax proposed. State law references: Procedure for adoption of budget and millage rate, F. S. § 200.065. Section 5.05. Limitation on alienation of city o - wned real property. a) Except as provided in subsection ( b), the following parks and public lands may not be sold, leased, traded, or given away by the city unless such sale, lease, trade, or gift is approved by a vote of the electors of the City of Vero Beach. The properties are as follows: 1) Pocahontas Park; 2) Humiston Beach Park; 3) Jaycee Beach Park; VI- 14A 1/ 2/ 2008 http: //Iib:razyl..munico e. com/default/DocView /11654111318 ARTICLE V. GENERAL PROVISIONS Page 2 of 2 4) South Beach Park; 5) MacWilliam Park; 6) Riverside Park; 7) Memorial Island Park; 8) Troy Moody Park; 9) Municipal Marina; 10) Young Park; 11) Bob Summers Park; 12) Any parks acquired after May 1, 1982; 13) The property north of the 17th Street Bridge, west of the Indian River, and east of Indian River Boulevard which is the present site of the city power plant; 14) The property south of the 17th Street Bridge, west of the Indian River, and east of Indian River Boulevard which is the present site of the city wastewater treatment plant. b) The foregoing properties may. be leased without a referendum only for a public or civic purpose which also serves a recreational, artistic, or cultural purpose, including incidental concessions. Res. No. 86 -06, 3 -12 -1986; Res. No. 88 -53, 10 -18 -1988; Ord. No. 2006 -23, § 1, 12 -12 -2006) Section 5. 06. Zoning limitations. The building height limitations and density levels existing in the Zoning Ordinance of the City of Vero Beach, Florida, on August 15, 1989, shall not be increased by action of the city council unless such increase shall have first been approved by the electors of the City of Vero Beach, Florida, at a referendum proposing such a building height or density level increase. Ord. No. 89 -57, § 2, 8- 151989) E/ & L" O h : / / libr ym- ulon-icode com/default/DocView111654 _. /11318 1/ 2/ 2008 ARTICLE VI. TRANSITION SCHEDULE Page 1 of 3 ARTICLE VI. TRANSITION SCHEDULE Section 6. 01. Repeal of former Charter provisions. All Charter provisions in effect prior to the effective date of this Charter, including, but not limited to, those contained in Chapter 27943, Special Acts, Laws of Florida 1951, are repealed except those provisions which established the municipal corporation known as the City of Vero Beach. Section 6. 02. Ordinances preserved. All ordinances in force on the effective date of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or amended. Section 6. 03. Continuation in office. Councilmembers shall continue to hold their offices for the term to which they were elected or appointed and to discharge their duties until their successors take office. Ord. No. 2003 -10, §§ 4, 5, 4 -1 - 2003) Section 6. 04. Pending matters. No rights, claims, actions, contracts, or legal or administrative proceedings existing on the effective date of this Charter and involving the city shall be affected by the adoption of this Charter, including the number of intoxicating beverage licenses which the city may be presently allowed by law. Section 6. 06. Effective date. This Charter shall become effective on May 1, 1982, except that section 6. 03( b) shall become effective immediately on becoming law. APPENDIX A. DESCRIPTION OF CORPORATE BOUNDARY Beginning at the Northwest corner of the Southeast quarter of the Southwest quarter of Section 28, Township 32 South, Range 39 East, run South to the Northeast corner of Tract 4 of Section 33, Township 32 South, Range 39 East according to the last general plat of Indian River Farms Company, filed in Plat Book 2,Page 25, of the Official Records of St. Lucie County, Florida; Thence run in a Westerly direction along the South right -of -way line of 37th Street to a point, said point being the intersection of the South right -of w - ay line of 37th Street and the Northerly extension of the East line of Kingsway Subdivision as recorded in Plat Book 10, Page 59, of the Public Records of Indian River County; Thence run in a Southerly direction along the East line of said Kingsway Subdivision to the Southeast corner of said Kingsway Subdivision; Thence East to the Northeast corner of Squire Subdivision as recorded in Plat Book 9, Page 10, of the Official Records of Indian River County, Florida; Thence run in a Southerly direction along the East line of said Squire Subdivision and the Southerly extension of said East line to a point, said point being the intersection of the Southerly extension of the East line of said Squire Subdivision with the South right -of -way line of 33rd Street; Thence in a Westerly direction along the said South right -of -way line of 33rd Street to the intersection f 1/ 212008 P :!ibra xY l..munico e. com/ default/DocView /1165411/ 319 htt ARTICLE VI. TRANSITION SCHEDULE Page 2 of 3 - ay of 58th Avenue ( Kings Highway); Thence run in a Southerly direction