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

the following calendar year. Such fiscal year shall also constitute the annual budget and accounting year. C -4.7. Appropriation Amendments During the Fiscal Year. a) Supplemental Appropriations. If, during any fiscal year, revenues in excess of those estimated in the annual budget are available for appropriation, the Commission may by ordinance make supplemental appropriations for the fiscal year up to the amount of such excess. b) Reduction of Appropriations. If, at any time during the fiscal year, it appears probable to the Manager that the revenues available will be insufficient to meet the amount appropriated, he/ she shall report in writing to the Commission without delay, indicating the estimated amount of the deficit, and his/her recommendations as to the remedial action to be taken. The Commission shall then take such action as it deems appropriate to prevent any deficit spending. C -4.$. Authentication, Recording and Disposition ' of Ordinances; Resolutions and Charter Amendments. a) Authentication. The Mayor and the Clerk shall authenticate by their signature all ordinances and.resolutions adopted by the Commission. In addition, when Charter amendments have been approved by the electors, the Mayor and the Clerk shall C; 17 10 - 15 - 2005 L) <  C -4.7 SUNNY ISLES BEACH CODE § C -4. 10 authenticate by their signatures the Charter amendment, such authentication to reflect the approval of the Charter amendment by the electorate. b) Recording. The Clerk shall keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions passed by the Commission. Ordinances shall, at the direction of the Commission, be periodically codified. The Clerk shall also maintain the City Charter in current form and shall enter all Charter amendments. c) Record Availability. The Commission shall, by ordinance, establish procedures for making all resolutions, ordinances, technical Codes adopted by reference, and this Charter available to the people of the City for public inspection and available for purchase at a reasonable price. C -4. 9. Annual Tax Levy. The City shall have the right to levy, assess and collect all such taxes as are permitted by law, including without limitation ad valorem, excise, franchise or privilege taxes and taxes on services and utilities. C -4. 10. Independent Audit. The City Commission shall provide for an annual independent audit of all City accounts and may provide more frequent audits as it deems necessary. Those audits shall be made in accordance with generally accepted auditing standards by a certified public accountant or firm of such accountants ( hereinafter referred to as the " auditors "), designated annually, who have no personal interest in the fiscal affairs of the City government or any of its officers. Residency, per se, shall not constitute a direct or indirect interest.) A summary of the results, including any deficiencies found, shall be made public. In making such audit, proprietary functions shall be audited separately and adequate depreciation on proprietary facilities shall be accrued so the public may determine the amount of any direct or any indirect subsidy. If a designated auditor has conducted the annual independent audit of the City for a period of three consecutive years, the City Commission shall review, either through the appointment of a citizens' committee, an individual, or other certified public accountant or firm of such accounts, the adequacy of the auditors' performance. ARTICLE 5 ELECTIONS C -5. 1. Elections. a) Electors. Any person who is a resident of the City, has qualified as an elector of the State and registers to vote in the manner prescribed by law shall be an elector of the City. b) Nonpartisan Elections. All elections for the City Commission and Mayor shall be conducted on a nonpartisan basis and no ballot shall show the party designation of any candidate. C: 18 10- 15- 2005  C -5. 1 CHARTER § C -5. 1 c) Election Dates. A general election shall be held in each odd -numbered year on the second Tuesday following the first Monday in November. A run -off election, if necessary, shall be held on the second Tuesday following the first Monday of December. In the event an election date falls on a religious holiday, the City Commission may, by ordinance, change the dates for qualifying and for the election. Amended 6 -3- 2004 by Ord. No. 2004 -20711] d) General Election. The ballot for the general election shall contain the names of all qualified' candidates for Mayor, if the Mayor' s term is expiring, and for each of the two Commission positions which are to be filled as a result of two members' terms expiring, and shall instruct electors to cast one vote for Mayor, if applicable, and one vote for each Commission seat, with a maximum of one vote per candidate. If any candidate for Mayor receives a number of votes greater than 50% of the total number of ballots cast, such candidate shall be the duly elected mayor. If any candidate( s) for Commission receive(s) a number of votes greater than 50% of the total number of ballots cast, such candidate( s) shall be duly elected to the Commission. e) Run -off Election. The ballot for the run -off election shall contain the names of the two candidates for Mayor, if applicable, and the names of the two candidates for each Commission seat who received the most votes in the general election. The ballot shall instruct electors to cast one vote for Mayor and to cast one vote for each Commission seat, with a maximum of one vote per candidate. The candidate for Mayor receiving the most votes shall be duly elected Mayor. The candidates for each Commission seat receiving the most votes shall be duly elected to that Commission seat. f) Special Elections. Special elections, when required, shall be scheduled by the Commission at such times and in such manner as shall be consistent with this Charter. g) Single Candidates. No election for Mayor or any Commission seat shall be required in any election if there is only one duly qualified candidate for Mayor or for any Commission seat. That candidate shall be considered elected automatically. h) Absentee Votes. Absentee voting will be permitted as provided by the laws of the State and under such conditions as may be prescribed by ordinance from time to time; provided, however, that no ordinance shall limit the right to vote by absentee ballot available under State law. i) Commencement of Terms. The term of office of any elected official will commence on the 30th day following the day of the general or run -off election in which he/ she is elected, unless that day falls on a Saturday or Sunday, in which case it shall be the next Monday immediately following, at 12 o' clock noon ( " commencement term"), and will end at midnight of the day before the commencement term. [ Amended 7.-15 -2003 by Ord. No. 2003 -174121 11 Editor' s Note: This ordinance passed at referendum 11 -2 -2004. 12 Editor' s Note: This ordinance is retroactive to 6 -10 -2003, its date of passage at special election. C: 19 10 - 15 - 2005 S_ 65 tr,  C -5. 1 SUNNY ISLES BEACH CODE § C -5. 2 C-5.2. Initiative and Referendum. a) Power to Initiate and Reconsider Ordinances. i) Initiative. The electors of the City shall have power to propose ordinances to the Commission and, if the Commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a City election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of City officers or employees, pursuant to such annual budget. ii) Referendum. The electors of the City shall have power to require reconsideration by the Commission of any adopted ordinance and, if the Commission fails to repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of City officers or employees, pursuant to such annual budget. b) Commencement of Proceedings. Any 25 electors may commence initiative or referendum proceedings by filing with the Clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the Clerk shall at the committee' s request, issue the appropriate petition blanks to the petitioners' committee at the committee' s expense. Petitioners' proposed ordinance shall be approved as to legal sufficiency by the City Attorney prior to circulation. c) Petitions. i) Number of Signatures. Initiative and referendum petitions must be signed by electors of the City equal in number to