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

passage at special election. C -13 10 - 15 -- 2005 5 >' 6 / C -3. 6 SUNNY ISLES BEACH CODE § C -4.1 C -3. 10. Competitive Bid Requirement/Purchasing. a) Except as otherwise provided by law, contracts for public improvements and purchases of supplies, materials or services shall be awarded or made on the basis of clearly drawn specifications and competitive bids, except in cases where the Commission, based on the written recommendation of the City Manager, specifically determines by a majority vote of the Commission that it is impracticable or not advantageous to the City to do so. The City Commission shall have the power to reject all bids and advertise again. b) The City Manager, by ordinance, may be granted purchasing power without competitive bidding. c) No contract or order shall be issued to any vendor unless or until the Director of Finance or the City Manager certifies that there is to the credit of such office, department or agency a sufficient unencumbered budget appropriation to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. ARTICLE 4 LEGISLATIVE C4.1. Commission Meeting Procedure. a) Meetings. The Commission shall hold at least 11 regular monthly meetings in each calendar year, at such times and places as the Commission may prescribe by rule. Special meetings may be held on the call of the Mayor or of a majority of the Commissioners and upon no less than 48 hours' notice to each member and the public, or such shorter time as a majority of the Commission shall deem necessary in case of an emergency affecting life, health, property or the public peace. b) Rules and Journal. The Commission shall determine its own rules of procedure and order of business and shall keep a journal open for public inspection. c) Quorum and Voting. A majority of the Commission shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. Voting on ordinances shall be by roll call on final reading and shall be recorded in the journal. All other matters shall be by voice vote unless a Commissioner or the City Clerk requests otherwise. No action of the Commission, except as otherwise provided in the Charter, shall be valid or binding unless adopted by the affirmative votes of at least three Commissioners. d) Meeting Time Limits. No meeting of the Commission shall extend later than midnight except upon the affirmative vote of a majority of members present at the meeting. C: 14 10- 15- 2005  C -4. 1 CHARTER § C -4.2 C -4.2. Prohibitions. a) Appointment and Removals. Neither the Commission nor any of its members shall in any manner dictate the appointment or .removal of any City administrative officers or employees whom the Manager or any of his/her subordinates are empowered to appoint. b) Interference With Administration. i) Except for the purpose of inquiries and investigations made in good faith and in accordance with a resolution adopted by the Commission, the Commission and any of its individual members shall deal with City officers and employees who- are subject to the direction and supervision of the Manager solely through the Manager, and neither the Commission nor its members shall give orders to any such officer or employee, either publicly or privately. It is the express intent of this Charter that recommendations for improvement in City government operations by individual Commissioners be made solely to and through the Manager. No individual Commissioners shall give orders to the Manager. ii) Any willful violation of this § C -4.2 by the Mayor or any Commissioner shall be grounds for his /her removal from office by an action brought in the Circuit Court by the State Attorney of Miami D - ade County. c) Holding Other Office. No elected City official shall hold any appointive City office or City employment while in office. No former elected City official shall hold any compensated appointive City office or City employment until one year after the expiration of his /her term -To C -4. 3. Ordinances. a) Actions Requiring an Ordinance. In addition to other acts required by law or by specific provision of this Charter to be effected or authorized by ordinance, those acts of the City Commission shall be by ordinance which: 1) Adopt or amend an administrative regulation or establish, alter or abolish any City office, department, board or agency; 2) Establish a rule or regulation the violation of which carries a penalty; 3) Levy taxes or appropriate funds; 4) Grant, renew or extend a franchise; 5) Set service or user charges for municipal services or grant administrative authority to set such charges; 6) Authorize the borrowing of money; 10 Editor' s Note: See. also § C- 3. 1( 2) for additional restrictions on former Commissioners' eligibility for appointment as City Manager. C :15 10- 15- 2005 5 -J 6  C -4. 3 SUNNY ISLES BEACH CODE § C -4. 4 7) Convey or lease or authorize by administrative action the conveyance or lease of any lands of the City; or 8) . Amend or repeal any ordinance previously adopted, except as .otherwise provided in this Charter. b) Procedure. The City Commission shall adopt procedures with respect to the passage of ordinances in accordance with applicable law. C -4.4. Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the Commission may adopt, in the manner provided in this section, one or more emergency ordinances, but such ordinances may not: levy taxes, grant, renew or extend any municipal franchise; set service or user charges for any municipal services; or authorize the borrowing of money except as provided under the emergency appropriations provisions of this Charter if applicable. a) Form. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. b) Procedure. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced and shall be enacted by no less than three members of the Commission. After its adoption, the ordinance shall be published and printed as prescribed for other ordinances. c) Effective Date. An emergency ordinance shall become effective upon adoption or at such other date as may be specified in the ordinance. d) Repeal. Every emergency ordinance except emergency appropriation ordinances shall automatically be repealed as of the 61st day following its effective date, but this shall not prevent re- enactment of the ordinance under regular procedures, or if the emergency still exists, in the manner specified in this section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. e) Emergency Appropriations. The Commission may make emergency appropriations in the manner provided in this section. To the extent that there are no available unappropriated revenues to meet such appropriations, the Commission may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to tune, but the emergency notes, including renewals thereof, shall be payable not later than the last day of the fiscal year next succeeding the fiscal year in which the emergency appropriation ordinance was originally adopted. All emergency appropriations shall be subject to the independent audit set forth in C -4. 10 below. C: 16 10- 15- 2005  C -4.4 CHARTER § C -4.7 C -4. 5. Annual Budget Adoption. a) Balanced Budget. Each annual budget adopted by the Commission shall be a balanced budget. b) Budget Adoption. The Commission shall by ordinance adopt the annual budget on or before the 30th day ofSeptember of each year. If it fails to adopt the annual budget by this date, the Commission may by resolution direct that the amounts appropriated for current operations for the current fiscal year shall be deemed adopted for the ensuing fiscal year for a period . o£ 15 days and renewed by resolution each 15 days, with all items in it prorated accordingly, until such time as the Commission adopts an annual budget for the ensuing fiscal year. An ordinance adopting an annual budget shall constitute appropriation of the amounts specified therein. e) Specific Appropriation. The budget shall be specific as to the nature of each category of appropriations therein. Reasonable appropriations may be made for contingencies, but only within defined spending categories. C -4. 6. Fiscal Year. The fiscal year of the City government shall begin on the first day of October and shall end on the last day of September of