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

officer of the city shall, before entering upon the duties of office, take and subscribe an oath in the form required for state and county officers under the laws of the State of Florida. Such oath shall be filed in the office of the city cleric. State constitution references: Oath required of state and county officers, Fla. Const., art. II, § 5. State law references: Oath required, F. S. § 876. 05. Sec. 11. 03. Separability clause. If any article or any part thereof, or any section or part thereof of this charter as it now exists or as it may be amended is held by any court of competent jurisdiction to be invalid or unconstitutional, such holding shall not invalidate or impair the validity, force or effect of any other article or part thereof, or any other section or part thereof, unless it clearly appears that such other article or part thereof, or section or part thereof, is wholly or necessarily dependent for its operation upon thearticle or part thereof, or section or part thereof, held to be invalid or unconstitutional. If the application of this charter or any of its provisions to any person or circumstance is held invalid, the application of this charter and its provisions to other persons or circumstances shall not be affected thereby. L/ 1/ 2/ 2008 http: / libraryl / .municode.com/ default/DoeView /I 1650 /1/ 4/ 15 ARTICLE XII. TRANSITIONAL PROVISIONS Page 1 of 2 ARTICLE XII. TRANSITIONAL PROVISIONS Sec. 12. 01. Continuation of former charter provisions. All provisions of Laws of Fla., ch. 11776( 1925), as amended by special law or otherwise which are not embraced herein and which are not inconsistent with this charter shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. Sec. 12. 02. Ordinances and resolutions preserved. All ordinances or resolutions of the city in effect upon the adoption of this charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Sec. 12. 03. Rights of officers and employees. Nothing in this charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. The present mayor and city councilmembers shall continue to hold their offices and discharge their duties under the new charter until their successors are elected; in addition, their current terms shall be exempt from the limits prescribed in Article III, section 3. 04. Sec. 12.04. Transitional terms. At the next annual municipal election after adoption of this charter, a mayor shall be elected for a term of three years and a total of three councilmembers shall be elected for periods of one -, two- and three -year terms, respectively; candidates shall run for specific terms of office. Sec. 12. 05. Obligation of contracts preserved. No debt or contract of the municipality, including bonds heretofore issued, shall be impaired or voided by the adoption of this charter. Sec. 12. 06. Pending matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of this charter. Sec. 12.07. Schedule. This charter shall become effective when approved by the electors and filed with the Secretary of State of Florida in the manner prescribed by law, such filing to occur within seven days subsequent to the referendum. During the period immediately following its effective date, and until the two additional council seats provided for in this charter have been filled at the next annual municipal election, notwithstanding provisions of this charter to the contrary, and including section 3. 07( c), the city V 1/ 2/ 2008 http:// Iibraryi-municode.com/default/DoeView/ I 1650/ 1/ 4/ 16 ARTICLE XII. TRANSITIONAL PROVISIONS Page 2 of 2 councilshall consist of four councilmembers and a mayor. A total of four persons, with or without the mayor, shall constitute a quorum and all actions of the city council shall be valid upon the affirmative vote of at least three councilmembers. Editor' s note: This charter was filed in the office of the secretary of state on June 27, 1977. Sec. 12. 08. Deletion of obsolete schedule items. The city council shall have power, by resolution, to delete from this Article XII any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. 112/ 2008 http: / libraryl.municode.conVdefault / /Doc,View /I 1650/ 1/4/ 16  Charter Review Jacksonville Beach PART I CHARTER* Page 1 of 1 PART I CHARTER` Editor' s note: Printed in Part I is the Charter of the City of Jacksonville Beach as amended by the council on September 8, 1989. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision derived unchanged from the original Charter. A uniform system of punctuation and capitalization has been used. Obvious misspellings have been corrected without notation and material in brackets [ ] has been added for clarity. Subsequently, the Charter was amended in its entirety on November 5, 1996. See the Charter Comparative Table. State law references: Municipal Home Rule Powers Act, F. S. Ch. 166. Art. 1. General Provisions, §§ 1 - - 11 Art. II. City Cleric, §§ 12 - -16 Art. III. Elections, §§ 17 - 2 -6 Art. IV. The Recall, § 27 Art. V. City Manager, §§ 28 - 3- 5 Art. VI. City Attorney, §§ 36 - 39 - Art. VII. Budget and Finance, §§ 40 --47 Art. Vlll. Taxation, §§ 48 - 51 Art. IX. Enumeration of Particular Powers, §§ 52 --61 Art. X. Miscellaneous Provisions, §§ 62, 63 Art. Xl. Transition Schedule, §§ 64 - 67 - http:// libraryl. municode.com/ default/DocView/ l 1041/ 1/ 3 1/ 2/ 2008 CHAPTER I. GENERAL PROVISIONS Page 1 of 4 CHAPTER 1. GENERAL PROVISIONS Section 1. Incorporation and corporate powers. The inhabitants of the City of Jacksonville Beach, within the boundaries as now established or as hereafter established in the manner provided by law, shall continue to be a body politic and corporate by name the " City of Jacksonville Beach," and under that name shall have perpetual succession; may use a corporate seal; may sue and be sued; may acquire property within or without its boundaries for any municipal purpose, in fee simple or lesser interest or estate, by purchase, gift, devise, lease or condemnation and may sell, lease, hold, manage, and control such property as its interests may require; and, except as prohibited by the Constitution and Laws of the State of Florida, the City of Jacksonville Beach shall have and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. Section 2. Enumerated powers not exclusive. The city shall have all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law, including but not limited to regulate and limit the number of licenses of vendors of intoxicating liquors in the proportion of the population of the city to be fixed and determined by ordinance by the city council; but the maximum number of licensesof vendors of intoxicating liquors or whiskey shall be one license for each five hundred fifty (550) or major portion thereof, of persons in the city according to the 1950 federal census. The powers of the city shall be construed liberally in favor of the city, limited only by the constitution, general law and specific limitations contained herein. Future special acts pertaining to the jurisdiction and exercise of powers of 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. Section 3. Creation, salary and composition of council. A. Except as otherwise provided in this Charter, all ,powers of the city shall be vested in a council composed of a mayor and six ( 6) other members, three ( 3) of which shall be at -large members and three ( 3) of which shall be district members. The boundary for each of the three 3) districts is described in Appendix " A" of this Charter. The district boundaries shall be reapportioned every ten ( 10) years commencing with the 1990 Official Florida State and Federal Census. Each reapportionment shall be completed by the city council by ordinance enacted. within six ( 6) months of the date of official publication of the most recent Official Florida State and Federal Census. District boundaries shall be reapportioned to create districts of nearly equal population. Districts shall be arranged in a logical and compact geographic pattern and shall promote fair representation. The mayor and the three ( 3) at -large members of the council shall be qualified electors of the city and shall be nominated and elected from the city at -large and the three ( 3) district council members shall be qualified electors of the city and shall also be residents of the district which they represent and shall be nominated and elected from the district they represent. The mayor and all councilpersons shall be elected in the manner hereinafter provided. The term of office for those councilpersons or mayor to be elected at the municipal elections of 1991 and 1993 shall be for three ( 3) years or until their successors are elected and qualified, and beginning with the municipal election of November 1994, the term of J IB 112/ 2008 http:// Iibraryl.municode.com/ default/DoeView/ I 1041/ 1 / 3 /4 CHAPTER I. GENERAL PROVISIONS Page 2 of 4 office of the mayor and all councilpersons shall be for four (4) years next following their election or until their successors are elected and qualified. Beginning with the election of 1991, a person serving either as the mayor and/or councilperson shall be limited to serving only two ( 2) consecutive terms on the council. This limitation of service shall include service of mixed terms as mayor and/ or counciiperson. Members of the city council and the mayor shall be bona fide residents of the City of Jacksonville Beach and, where applicable, the districts they represent and not a resident of any other city or district. Should any council