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

b!2undarjQ Sec. 2. 02. Municipal annexation or contraption. Article III. Legislative Sec. 3. 01. City council, powers, composition. Sec. 3. 02. Mayor and vice- mgygr. Sec. 3. 03 Qualificationg. Sec. 3. 04. Elections, terms of office and term limits. Spc. 3. 05. Compensation and expenses. Sec. 3. 06. Prohibitions. Sec.-3.07, Vacancies. fodQilum of office, standard of conduct, filli!ig of vacancies gmerg-engy succession procedure of forfeiture. Sec. -3.08. City clerk. Sec. 3. 09. Procedure. Sec. 3. 10. City attorney. Sec. 3. 11. Reserved. Article IV. Administrative Sec. 4. 01. City manager. Sec. 4. 02. Appointment, qualifications, compensation. removal. Sec. 4. 03. Acting city manager. Sec. 4.04. Powers and duties of the city manager. Sec. 4.05. Personnel procedures. Article V. Financial Procedures Sec. 5.01. f= iscal year. Sec. 5. 02. Submission of proposed budget and budget message. Sec- 5. 03. Budget message. Sec. 5. 04. Budget. Sec. 5. 05. Capiial program. Sec. 5.06. City council action. Sec. 5. 07. Finance department. Sec. 5. 08. Depositaries and investments. Sec. 5. 09. Surety bonding. Sec. 5. 10. Audits. Sec. 5. 11. Disclosure of financial records. Article VI. General Obligation and Revenue Bonds Sec. 6. 01. Power to issue. Sec. 6. 02. Approval of general obligation bonds. Sec.-6. 03. Revenue bonds. Sec. 6.04. Refunding of bonds. Article VII. Nominations and Elections Sec. 7. 01. Reserved. Sec. 7. 02.' Nonpartisan election. Sqc. 7. 00. Qualifications. Sec. 7.04. Form of ballots. http:// libraryI. municode.com/ default/DocView/ l1650/ l/4 1/ 2/ 2008 Subpart A CHARTER* Page 2 of 2 Sec. 7. 05. Elections. Sec. 7. 06. Special elections. Sec, 7. 07. General municipal elections. Article Vlll. Charter Amendments Sec. 8. 01 Charter amendments. ec. $. 02. Referendum. Sec. 8 03 Adoption of amendment Sec 8. 04. Supplemgntal method pf amendment Article IX. Initiative and Referendum Sec. 9.01. Initiative and referendum. Sec. 9. 02. Commencement of proceedings Sec. 9. 03. Petitions. Sec. 9. 04. Procedure for filing. Sec. 9.05. Referendum petitions suspension of effect of ordinance or resolution Sec. 9.06. Action on petitions. Sec. 9.07. Results of election. Article X. Recall Sec. 10. 01. Recall. Article XI. General Provisions Sec. 11. 01. Penalties. Sec. 11. 02. Oath of office. Sec. 11. 03. Separability clause. Article XI I. Transitional Provisions Sec. 12.01. Continuation of former charter provisions. Sec. 12,02. Ordinances and resolutions preserved. Sec. 12. 03. Rights of officers and employees. Sec. 12. 04. Transitional terms. Sec. 12. 05. Obligation of contracts preserved. Sec. 12.06. Pending matters. Sec. 12.07. Schedule. Sec. 12. 08. Deletion of obsolete schedule items. VAAt-- http:// Iibraryl.municode.com/default/DocView/ 1 1650/ 1/ 4 1/ 2/ 2008 ARTICLE 1. POWERS* Page I of I ARTICLE 1. POWERS* State law references: General municipal powers, F. S. §' 166. 021. Sec. 1. 01. Continuance of municipality, perpetual succession, common seal. The municipality known and designated as the City of Venice, established, organized and constituted in the County of Sarasota, Florida, by Laws of Fla., ch. 11776( 1925), as amended, shall continue to be a body politic and corporate under the name of the City of Venice, and as such shall have perpetual succession and use an official seal. Sec. 1. 02. Powers. The City of Venice shall have the governmental, corporate and proprietary powers to enable it to conduct and perform municipal government, municipal functions, and render municipal services; and may exercise any power for municipal purposes, except when specifically prohibited by law. Sec. 1. 03. Extraterritorial powers, taxation, liens. All extraterritorial powers and jurisdiction, powers of taxation and powers to impose and enforce liens, that the city now has are preserved and shall remain in full force and effect. Editor's note: Provisions of the former charter and special acts relating to extraterritorial powers are set out in subpart B following this charter. Sec. 1. 04. Construction. The powers of the city shall be construed liberally in favor of the city, limited only by the constitution, special and general law and specific limitations contained herein. Future special acts pertaining to the jurisdiction and exercise of powers by this city shall be considered amendments to this charter and, pursuant to the provisions adopted for incorporation of other charter amendments, shall be incorporated as official amendments to the charter. V ` http:// Iibraryl. municode. com/ default/DoeView/ I 1650/ 1 / 4 /5 1/ 21200$ ARTICLE 11. CORPORATE BOUNDARIES Page 1 of 1 ARTICLE II. CORPORATE BOUNDARIES Sec. 2. 01. Corporate boundaries. The corporate boundaries of the City of Venice shall remain fixed and established as they exist on the date this amended charter takes effect, provided that the city shall have the power to change its boundaries in the manner prescribed by law. Sec. 2. 02. Municipal annexation or contraction. Annexation or contraction of municipal boundaries shall be by nonemergency ordinance enacted in accordance with the provisions of general law. Any change in municipal boundaries through annexation or contraction shall revise the corporate boundaries as described in section 2. 01. State law references: Municipal annexation or contraction, F. S. ch. 171. v http:// Iibraryl. municode. com/ default/DoeView/ l 1650/ 1/ 4/ 6 1/ 2/ 2008 ARTICLE 111. LEGISLATIVE* Page 1 of 5 ARTICLE Ill. LEGISLATIVE* State law references: Municipal home rule powers, F. S. ch. 166. Sec. 3. 01. City council, powers, composition. There shall be a city council which shall be the governing body of the city with all legislative powers of the city vested therein, composed of six councilmembers and a mayor, hereafter referred to as the city council; all to be elected at large. They shall assume their offices upon certification of their election. Sec. ,3. 02. Mayor and vice- mayor. a) Duties of mayor. The mayor shall preside at meetings of the city council and shall have a vote on all matters. The mayor shall have no veto power. The mayor shall be recognized as head of city government for all ceremonial purposes; by the governor for purposes of military law;, for service of process; for execution of contracts, deeds.and other documents; as signer of checks for payment of obligations, and as the city official designated to represent the city in all agreements with other governmental entities. The mayor shall make all appointments of principal officers mentioned in this charter and all operating and advisory boards, with the advice and consent of the city council, as provided in this charter. The mayor shall have only those administrative duties required to carry out the above responsibilities. b) Vice -mayor. A vice -mayor shall be elected by and from the members of the city council at the first regular council meeting following the city election. The vice -mayor shall act as mayor during the absence or disability of the mayor. Ord. No. 99 -3, § 2, 1- 26 -99) Sec. 3. 03. Qualifications. Any resident of the city who has been a registered voter in the city for 12 consecutive months prior to the first day of qualifying shall be eligible to hold the office of mayor or city councilmember. A resident, for the purpose of qualifying for office, shall be a person whose principal place of physical residence is in the city on a continuing basis. The city council shall be the judge of the election and qualifications of its members. Ord. No. 99 -3, § 2, 1- 26- 99) Sec. 3. 04. Elections, terms of office and term limits. a) The elected term of office for the mayor shall always be three years and no person shall serve as mayor for more than three consecutive elected terms. b) The elected term of office for city councilmembers shall be three years. The terms shall be Under certain staggered so that two city councilmembers shall be elected each year. 1/ 2/ 2008 http:// Iibraryl. municode.com/default/DocView/ l 1650/ 1/ 4/7 ARTICLE III. LEGISLATIVE* Page 2 of 5 circumstances as specified in Section 3. 07, a city councilmember may be elected to serve the remaining portion of an unexpired term. No person shall serve as a city councilmember for more than three consecutive elected terms. c) No person shall serve as mayor and as a city councilmember in any combination for more than six consecutive elected terms. Ord. No. 99 -3, § 2, 1- 26 -99; Ord. No. 2006 -36, § 2, 8- 22 -06) Sec. 3. 05. Compensation and expenses. An ordinance increasing or decreasing the compensation of the mayor and other city councilmembers shall be submitted to referendum at the next regularly scheduled election, and shall become effective immediately if approved. Ord. No. 1232 -86, exhibit A, § 1, 10- 14 -86) Sec. 3. 06. Prohibitions. a) Appointment and removals. A city councilmember shall not in any manner dictate the appointment or removal of any city administrative officer or employee whom the charter officers or any of their subordinates are empowered to appoint, but any city councilmember may express his or her views and fully and freely discuss with the appropriate charter officer anything pertaining to appointment and removal of any officer or employee. b) Interference with administration. Except for the purpose of inquiries and investigations, the city council shall deal with city officers and employees who are subject to the director [direction] and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Councilmembers shall, however, closely scrutinize, by questions and personal observation, all aspects of city government operations so as to' obtain independent information to assist members in the formulation of sound policies to be considered by the city council. It is the express intent of this charter, however, that recommendations for improvement in city government operations by city councilmembers be made to and through the charter officers, so that