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

and bounded -on the west by the Intracoastal Waterway) and Precinct No. 002 ( bounded on the north by the centerline of Northeast 185th Street and its eastwardly and westwardly extensions, bounded on the east by the Atlantic Ocean, bounded on the south by the Engineering Line of 175th Street, and bounded on the west by the Intracoastal Waterway) ( hereinafter collectively referred to as the " Northern Area "); and, the central area consisting of those portions of the City contained in Precinct No. 003 bounded on the north by the Engineering Line of 175th Street, bounded on the east by the Atlantic Ocean, bounded on the south by the south property Iine of the Winston Towers Complex and its westwardly and eastwardly extension, and bounded on the west by the Intracoastal Waterway hereinafter referred to as the " Central Area "); and the south area consisting of those portions of the City contained within Precinct No. 004 ( bounded on the north by the south property line of the Winston Towers Complex and its westwardly and eastwardly extension, bounded on the east by the Atlantic Ocean, bounded on the south by the centerline of Sunny Isles Boulevard and its eastwardly extension, and bounded on the west by the Intracoastal Waterway) and Precinct No. 005 ( bounded on the north by the centerline of Sunny Isles Boulevard and its eastwardly extension, bounded on the' east by the Atlantic Ocean, bounded on the south by the north municipal boundary of Bal Harbour, and bounded on the west by the Intracoastal Waterway) ( hereinafter referred to as the " Southern Area "). Collectively, the Northern Area, the Central Area and the Southern Area are referred to as " Residential Areas ", individually each as a " Residential Area ". One C:7 10- 15- 2005 5 43  C -2. 2 SUNNY ISLES BEACH CODE § C -2. 3 Commissioner shall reside in the Northern Area ( Seat 1), one Commissioner shall reside in the Central Area ( Seat 2), and one Commissioner shall reside in the Southern Area ( Seat 3); and one Commissioner shall be elected without regard to residence in ariy particular Residential Area ( Seat 4). Persons running from a particular Residential Area must be a resident of the Residential Area which s/ he proposes to represent on the Commission at the time of qualifying, at the time of his/ her election and must continue to reside in such Residential Area during his /her term of office. Commissioners holding Seats 1, 2 or 3 are collectively referred to as the " Residential Area Commissioners ", individually as a " Residential Area Commissioner "; the Commissioner holding Seat 4 and the Mayor, as the context dictates, are collectively referred to as the " At -Large Commissioners, individually each as an " At -Large Commissioner ". c) Limitations on Lengths of Service. No person shall serve as Mayor for more than two elected terms. No person shall serve as a Commissioner for more than two elected terms. A " term" shall be deemed commenced upon election, whether or not it is actually completed, except that a vacancy being filled for less than two years remaining in the filling of that term shall not be counted as a " term" under this 1742; section. [ Amended 7 -15 -2003 by Ord. No. 2003 - 6 -3 -2004 by Ord. No. 2004 -2073] C -2. 4. Qualifications. Candidates for Commissioner or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk of the City at such time and in such manner as may be prescribed by ordinance and payment to the City Clerk of the sum of $100 as a qualifying fee. A person may not be a candidate for Commission and Mayor in the same election. Only electors of the City who have resided continuously in the City for at least one year preceding the date of such filing (and in the respective Residential Area from which the candidate may seek to qualify for election) shall be eligible to hold the Office of Commissioner, including Mayor. C -2. 5. Vacancies; Forfeiture of Office; Filling of Vacancies a) Vacancies. The office of a Commissioner ( including the Mayor) shall become vacant upon his/her death, resignation, disability which in this case shall mean incapacity to perform the duties of office, suspension or removal from office in any manner authorized by law, or by forfeiture of his/ her office. b) Forfeiture of Office. i) Forfeiture by disqualification. A Commissioner shall forfeit his/her office if at any time during his/her tern s/ he ( 1) ceases to maintain his/her permanent residence in the City, ( 2) in the case of a Residential Area Commissioner, 2 Editor' s Note: This ordinance is retroactive to 6 -10 -2003, its date of passage at special election. 3 Editor' s Note: This ordinance passed at referendum 11 -2 -2004. C: 8 10- 15- 2005  C -2. 5 CHARTER § C -2. 5 upon his/her ceasing to reside in his/ her respective Residential Area, or ( 3) otherwise ceases, to be a qualified elector of the City. ii) Forfeiture by absence. A Commissioner shall be . subject to forfeiture. of his /her office, in the discretion of the remaining Commissioners, if s/ he is absent with good cause from any six regular meetings of the Commission during any calendar year (provided such meetings do not occur in less than a three -month period), or if s/ he is absent without good cause from any four, or three as to the Mayor, consecutive regular meetings of the Commission, whether or not during the same calendar year. iii) Procedures. The Commission shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of a Commissioner' s office, including whether or not good cause for absence has been or may be established. The burden of establishing good cause shall be on the Commissioner in question; provided, however, that any Commissioner may at any time during any duly held meeting move to establish good cause for the absence of him/herself or the absence of any other Commissioner, from any past, present or future meeting(s), which motion, if carried, shall be conclusive. A Commissioner whose qualifications are in question, or, who is otherwise subject to forfeiture of his /her office, shall not vote on any such matters. The Commissioner in question shall be entitled to a public hearing(s) on request regarding an alleged forfeiture of office. If a public hearing is requested, notice thereof shall be published in one or more newspapers of general circulation in the City at least one week in advance of the hearing. Any final determination by the Commission that a Commissioner has forfeited his/her office shall be made by resolution. All votes and other acts of the Commissioner in question prior to the effective date of such resolution shall be valid regardless of the grounds of forfeiture. c) Filling of Vacancies of Mayor and Commissioners. [ Amended 6- 3- 2004 by Ord. No. 2004 -2074] i) If the Mayor' s position becomes vacant, and no more than six ( 6) months remain in the unexpired term of the Mayor, the Vice -Mayor shall complete the term of Mayor. If more than six ( 6) months remain in the unexpired term of the Mayor, the vacancy shall be filled by a special election to be held not sooner than forty-five ( 45) days or more than ninety ( 90) days following the occurrence of the vacancy, unless there is a City, County or State or national election scheduled to take place not sooner than forty-five ( 45) or more than ninety ( 90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The Vice -Mayor shall serve the term of the Mayor until the special election or scheduled election. A new Vice -Mayor shall serve until the election or scheduled election, unless reappointed. 4 Editor' s Note: This ordinance passed at referendum 11 -2 -2004. C: 9 10 - 1s - 2005 6  C -2. 5 SUNNY ISLES BEACH CODE § C -2.5 ii) If the vacancy occurs on the Commission, and no more than six ( 6) months remain in the unexpired term, the vacancy shall be filled by a nominee of the Mayor, within thirty ( 30) days following the occurrence of the vacancy subject to confirmation of the Commission. If more than six months remain in the unexpired term of a Commissioner, the vacancy shall be filled by a special election to be held not sooner than forty -five (45) days or more than ninety ( 90) days following the occurrence of the vacancy, unless there is a City, County, State or national election scheduled to take place not sooner than forty -five ( 45) days or more than ninety ( 90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The vacancy occurring on the Commission shall be filled by a nominee of the Mayor within thirty (30) days following the occurrence of the vacancy, subject to the confirmation of the Commission. The nominee shall fill the vacancy until