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

CODE administrative decision or proceeding when the decision is reserved at the conclusion of the hearing. The notice shall be accompanied by a statement of the grounds for denial. 10. Managers' and Attorneys' Reports. The City Manager and City Attorney shall periodically make a public status report on all major matters pending or concluded within their respective areas of concern. 11. Budgeting. In addition to any budget required by state statute, the City Manager at the direction of the Mayor shall prepare a budget showing the cost of each department for each budget year. Prior to the City Commission' s first public hearing on the proposed budget required by state law, the City Manager shall make public a budget summary setting forth the proposed cost of each individual department and reflecting the personnel for each department, the purposes therefore, the estimated millage cost of each department and the amount of any contingency and carryover funds for each department. 12. Quarterly Budget Comparisons. The City Manager shall make public a quarterly report showing the actual expenditures during the quarter just ended against Ala of the proposed annual expenditures set forth in the budget. Such report shall also reflect the same cumulative information for whatever portion of the fiscal year that has elapsed. 13. Representation of Public. The Mayor shall endeavor to designate one or more individuals to represent the City at all proceedings before County, State and Federal regulatory bodies, significantly affecting the City and its residents. B. The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of the City of Sunny Isles Beach. Such power necessarily carries with it responsibility of equal magnitude for the successful operation of government in the City. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of public office. C. Remedies for Violations. In any suit by a citizen alleging a violation of this bill of rights filed in Dade County Circuit Court pursuant to its general equity jurisdiction, the plaintiff, if successful, shall be entitled to recover costs as fixed by the Court. Any public official or employee who is found by the Court to have willfully violated this article shall forthwith forfeit his/ her office or employment. D. Construction. All provisions of this Bill of Rights shall be construed to be supplementary to and not in conflict with the general laws of Florida. If any part of this Bill of Rights shall be declared invalid, it shall not affect the validity of the remaining provisions. CA 10- 15- 2005  C -1. 1 CHARTER § C -1. 3 ARTICLE 1 CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS C -1. 1. Corporate Existence. A municipal corporation known as City of Sunny Isles Beach ( the " City ") is hereby created pursuant to the Constitution of the State of Florida ( the " State ") and the Home Rule Charter of Metropolitan Dade County (the " County"). The corporate existence of the City shall commence upon the adoption of this Charter. C-1. 2. Form of Government. The City shall have a " Mayor- Commission- Manager" form of government. C -1. 3. Corporate Boundary. The corporate boundary of the City shall be as follows: A parcel of land lying in Sections 2, 11 and 14, Township 52 South, Range 42 East, Dade County, Florida; being more particularly described as follows: BEGIN at the Northwest corner of Tract " B" of " GOLDEN GATE ESTATES AND MARINA ", according to the plat thereof recorded in Plat Book 147 at Page 32 of the Public Records of Dade County, Florida, said point being on the South boundary of the TOWN OF GOLDEN BEACH; thence Westerly, along the Westerly extension of the North line of said plat of " GOLDEN GATE ESTATES AND MARINA ", to its intersection with the centerline of the Intracoastal Waterway; thence Southerly, along said centerline of the Intracoastal Waterway, through said Sections 2, 11 and 14, to its intersection with the Westerly extension of the South line of the plat of " BAYVIEW POINT REVISED ", according to the plat thereof recorded in Plat Book 82 at Page 99 of the Public Records of Dade County, Florida; thence Easterly, along said Westerly extension of said South line and along the South line of said plat of `BAYVIEW POINT REVISED ", to its intersection with the West right of way line of Collins Avenue ( State Road A1A); thence continue Easterly to its intersection with the East right of way line of Collins Avenue ( State Road A1A), said point of intersection being on the South line of Lot 76 of " PLAT OF TATUM' S OCEAN BEACH PARK", according to the plat thereof recorded in Plat Book 5 at Page 35 of the Public Records of Dade County, Florida; thence continue Easterly along the South line of said Lot 76, and along its Easterly extension, to a point in the Atlantic Ocean, 1, 100 feet Easterly of the STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES DADE COUNTY COASTAL CONTROL LINE, according to the plat thereof recorded in Plat Book 74 at Page 26 of the Public Records of Dade County, Florida; thence Northerly along a line 1, 104 feet Easterly of and parallel with said Coastal Control Line, through said Sections 14, 11 and 2, to its intersection with Easterly extension of the North line of Lot 1, Block 1 of "A REPLAT OF BLOCK 1 OF VENETIA BEACH ", according to the plat thereof recorded in Plat Book 44 at Page 4 of the Public Records of Dade County, Florida; thence Westerly, along said Easterly extension of the North line and along the North line of said Lot 1, also being the C: 5 10-- 15 - 2005  C- 1. 3 SUNNY ISLES BEACH CODE § C-2. 2 South boundary of the TOWN OF GOLDEN BEACH; thence continue Westerly along said North line of " GOLDEN GATE ESTATES AND MARINA ", being also tho South boundary of the TOWN OF GOLDEN BEACH, to the POINT OF BEGINNING. C -1. 4. Powers. The City shall have and may exercise all available governmental, corporate and proprietary powers. Through the adoption of this Charter, it is the intent of the electors of the City to grant to the municipal government established herein the broadest exercise of home rule powers permitted under the Constitution and laws of the State, as fully and completely as though they were specifically enumerated in this Charter. C -1. 5. Construction. This Charter and the powers of the City shall be construed liberally in favor of the City. ARTICLE 2 CITY COMMISSION; MAYOR C -2. 1. City Commission. [ Amended 7 -15 -2003 by Ord. No. 2003- 1701 There shall be a City Commission (the " Commission ") vested with all legislative powers of the City including but not limited to the setting of policy, approval of budget, determination of tax rates, hiring and firing of the charter officers, and the development of community land policies. The Commission shall consist of four members ( " Commissioners ") and the Mayor. Commissioners shall occupy seats numbered 1 through 4. References in this Charter to the Commission and/ or Commissioners shall include the Mayor unless the context dictates otherwise. C -2. 2. Mayor and Vice Mayor. a) Powers of the Mayor. The Mayor shall preside at meetings of the Commission, be a voting member of the Commission, and may create and appoint subcommittees of the Commission. The Mayor shall be recognized as head of City government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deeds and other documents, and as the City official designated to represent the City in all dealings with other governmental entities. In addition, the Mayor shall have the following specific responsibilities: i) The Mayor shall recommend the nomination of a City Manager in accordance with the terms of §C -3. 1 herembelow. 1 Editor' s Note: This ordinance is retroactive to 6 -10 -2003, its date of passage at special election. C :( 10 - 15 - 2005 S  C -2.2 CHARTER § C -2.3 ii) The Mayor shall appoint the Commissioners of all standing committees and the chairperson and vice chairperson of each committee. There shall be as many standing and special committees as deemed necessary by the Mayor. iii) The Mayor shall prepare and deliver annually between November I and January 31 a report on the state of the City and annually between July I and September 30 a budgetary address to the people of the City. b) Vice- Mayor. During the absence or incapacity of the Mayor, the Vice -Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. At the first Commission meeting after the 30th day following the day of the general or run -off election of the City Commission, or in any calendar year in which there is no regular City election, at the first Commission meeting in the month of November of such year, the Commission shall elect one of its members as Vice-Mayor. C -2.3. Election and Term of Office. a) Election and Term of Office. Each Commissioner and the Mayor shall be elected at -large for four -year terms by the electors of the City in the manner provided in Article 5 of this Charter. b) Residential Areas. The City shall be divided into three residence areas described as follows: the north area consisting of those portions of the City contained in Miami - Dade County Election Department Precinct No. 001 ( bounded on the north by the northern boundary of Dade County, bounded on the east by the Atlantic Ocean, bounded on the south by the centerline of Northeast 185th Street and its eastwardly and westwardly extension,