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

Page 1 of 3 ARTICLE 1X. INITIATIVE AND REFERENDUM Sec. 9. 01. Initiative and referendum. Initiative. a) The qualified electors of the city shall have power to propose ordinances or resolutions to the city council and, if the city council fails to adopt an ordinance or resolution 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 budget or capital program or to an ordinance or resolution relating to the appropriation of money, the levying of taxes or to salaries of city officers or employees. b) Referendum. The qualified electors of the city shall have power to require reconsideration by the city council of any adopted ordinance or resolution, and, if the city council fails to repeal an ordinance or resolution so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or resolution, or ordinance or resolution relating to appropriation of money, levying of taxes or to salaries of city officers or employees. Ord. No. 99 -3, § 2, 1- 26 -99) Sec. 9. 02. Commencement of proceedings. Any five qualified electors may commence initiative or referendum proceedings by filing with the city clerk or other official designated by the city council 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 resolution or citing the ordinance or resolution sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the city clerk or other official designated by the city council shall issue the appropriate petition blanks to the petitioners' committee at that committee' s expense. Sec. 9. 03. Petitions. a) Number of signatures. Initiative and referendum petitions must be signed by qualified electors of the city equal in number to at least ten percent of the total number of qualified electors registered to vote at the last regular city election. b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance or resolution proposed or sought to be reconsidered. c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance or resolution proposed or sought to be reconsidered. d) Time for filing petitions. Referendum petitions must be filed within 30 days after adoption http:// librwyl.municode.com/default/DoeView/ l 1650/ 1 / 4/ 13 1/ 2/ 2008 ARTICLE IX. INITIATIVE AND REFERENDUM Page 2 of 3 by the city council of the ordinance or resolution sought to be reconsidered. All required signatures to initiative and referendum petitions must bear the dates on which each signature is affixed, and all required signatures must be affixed within a period of 90 days prior to the date such petition is submitted to the city council. Ord. No. 1232 -86,. exhibit A, § 17, 1014 -86; Ord. No. 99 -3, § 2, 1- 26 -99) Sec. 9. 04. Procedure for filing. a) Certificate of clerk. Within 20 days after the initiative or referendum petition is filed, the city clerk or other official designated by the city council shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. Grounds for insufficiency are only those specified in section 9. 03. b) Amendment of petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the city clerk or other official designated by the city council within two working days after receiving the copy of the completed certificate. The petitioners' committee may then file a supplementary petition upon additional papers within ten days after receiving the copy of the certificate. Such supplementary petition shall comply with the requirements of subsections b), ( c) and ( d) of section 9. 03. Within five working days after it is filed, the city clerk or other official designated by the city council shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request city council review under subsection ( c) of this section within the time required, the city clerk or other official designated by the city council shall promptly present his or her certificate to the city council and the certificate shall then be a final determination as to the sufficiency of the petition. c) Council review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two working days after receiving the copy of such certificate, file a request that it be reviewed by the city council. The city council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the city council's determination shall then bea final determination as to the sufficiency of the petition. Ord. No. 1232 -86, exhibit A, § 18, 10- 14 -86; Ord. No. 99 -3, § 2, 1- 26 -99) Sec. 9. 05. Referendum petitions, suspension of effect of ordinance or resolution. When a referendum petition is filed with the city clerk or other official designated by the city council, the ordinance or resolution sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate under one of the following circumstances: 1) There is a final determination of insufficiency of the petition. 2) The petitioners' committee withdraws the petition. 3) The city repeals the ordinance or resolution. 4) After a vote of the city electors on the ordinance or resolution has been certified. Sec. 9. 06. Action on petitions. 1/ 2/ 2 008 http:// libraryl-municode.com/default/DoeView/ I ARTICLE IX. INITIATIVE AND REFERENDUM Page 3 of 3 a) Action by city council. When an initiative or referendum petition has been finally determined sufficient, the city council shall promptly consider the proposed initiative ordinance or resolution in the manner provided in Article III or reconsider the referred ordinance or resolution by voting on its repeal. If the city council fails to adopt a proposed initiative ordinance or resolution without any change in substance within 6Q days or fails to repeal the referred ordinance or resolution within 30 days, it shall submit the proposed or referred ordinance or resolution to the electors of the city. b) Submission to electors. The vote of the city electors on a proposed or referred ordinance or resolution shall be held not less than 30 days and, not later than 120 days from the date that the petition was determined sufficient. If no regular city election is to be held within the period described in this subsection, the city council shall provide for a special election, except that the city council may, in its discretion, provide for a special election at an earlier date within the described period. Copies of the proposed or referred ordinance or resolution shall be made available at the polls. c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the city electors by filing with the city clerk or other official designated by the city council a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. Ord. No. 99 -3, § 2, 1- 26 -99) Sec. 9. 07. Results of election. a) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance or resolution vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances or resolutions of the same kind adopted by the city council. If conflicting ordinances or resolutions are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. b) Referendum. If a majority of the city electors voting on a referred ordinance or resolution vote against it, it shall be considered repealed upon certification of the election results. 1/ 2/ 2008 http:// libraryl. municode.com/default/DocView/ l 1650/ 1/ 4/ 13 ARTICLE X. RECALL Page 1 of 1 ARTICLE X. RECALL Sec. 10. 01. Recall. The mayor or any member of the city council may be removed from office by the electors of the city under the provisions of general law. State law references: Recall of municipal officers, F. S. § 100. 361. V 1/ 2/ 2008 http:// llbraryl. municode. com /default/DoeView /11650/ l./4/ 14 ARTICLE XI. GENERAL PROVISIONS Page 1 of I ARTICLE X1. GENERAL PROVISIONS Sec. 11. 01. Penalties. Violations of ordinances shall be punishable in accordance with the uniform fines and penalties set by general law or ordinances of the city. State law references: Uniform fines and penalties, F. S. §§ 775. 082, 775. 083. Sec. 11. 02. Oath of office. Every elected or appointed