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

member or the mayor move from the City of Jacksonville Beach, or, where applicable, the district they represent, during the term of office for which they were elected, then in that event that office shall automatically become vacant from the date of such removal. The mayor or any member of the council ceasing to possess any of the qualifications specified in this Charter, or convicted of a felony while in office, or removed from office by recall election, shall immediately forfeit his office. B. The salary of council members, together with the manner of payment, shall be established by resolution and shall be compatible with salaries as portrayed by the Florida League of Municipalities for cities and comparable size and form of government. No increase in salary shall become effective until the commencement of terms of members elected at the next regular city election. The council may provide that members shall receive an allowance for expenses incurred in the performance of their duties. Section 4. Mayor; duties and powers. There is hereby created the office of mayor of the City of Jacksonville Beach, who shall be nominated and elected as above provided. He shall have all the powers and functions of a councilman of the City of Jacksonville Beach, and shall also have the powers and perform the duties conferred and imposed upon him by this Charter and the ordinances of said city. The mayor shall preside at all meetings of the council and shall have a voice and a vote in the proceedings of the council, but no veto power. He may use the title of mayor in any case in which the execution of legal instruments or writing or other necessity arising from the City Charter or from the general laws of the state so require but this shall not be considered as conferring upon him the administrative or judicial functions of mayor under the general laws of the state, except that he shall have the power to" perform marriage ceremonies. He shall be recognized as the official head of the city by the courts for'the purpose of serving civil processes upon the city; by the government in the exercise of military law, and for all ceremonial purposes. In time of public danger or emergency, the mayor may on his own authority, by proclamation take command of the police and govern the city for a period not to exceed seventy -two ( 72) hours. If the public danger or emergency should require that the command of the police by the mayor and his government of the city by proclamation should be extended, this may be authorized for a period not in excess of five ( 5) days by the affirmative vote of at least five ( 5) councilmen. Section 5. Mayor pro -tem. At its first meeting following a regular municipal election, the council shall choose from its membership a vice- chairman who shall have the title of mayor pro -tem. If a vacancy occurs in the office of mayor, or in case of his absence or disability, the mayor pro -tem shall act as mayor for the unexpired term, or during the continuance of the absence or disability. Whenever the mayor pro -tem succeeds to the office of mayor for the remaining portion of an unexpired term, it shall create a vacancy in the council, which vacancy shall be filled in accordance with the provisions of this Charter. Section 6. Meetings of council. F_ o 1/ 2/ 2008 http:// libraryl.municode.com/default/DoeView/ l 1041/ l /3/ 4 CHAPTER 1. GENERAL PROVISIONS Page 3 of 4 On the first day following- each regular municipal election, the council shall meet at the usual place for holding its meetings and the mayor and newly elected members shall assume the duties of office. The council shall meet at such times as may be prescribed by ordinance or resolution, but not less frequently than once each month, at regularly specified times. Special meetings shall be called by the clerk upon the written request of the mayor. A council member may request a special meeting by. calling the city clerk, stating the reason for his request. The city clerk shall then poll the other members of the council and if a majority agree to the request of the council member, the meeting will be called by the clerk. At least forty -eight (48) hours' previous written notice of all special meetings shall be given to each councilperson, but such notice may be waived by any councilperson who verbally agrees to attend such meeting. Service of such notice shall be made either in person or by leaving a copy thereof at the usual place of abode of the councilperson being served. Any such notice shall state the subject to be considered at the special meeting and no other subject shall be there considered. All meetings of the council and of committees thereof shall be open to the public and conducted in accordance with state law and the rules of the council. The rules of the council shall provide that the public shall have a reasonable opportunity to be heard at any such meetings of the council or its committees in regardto any matter considered thereat. Section 7. Council rules. The council shall be the judge of the election and qualification of its members, and in such cases, shall have power to subpoena witnesses and compel the production of all pertinent books, records and papers; but the decision of the couhcil in any such case shall be subject to review by the courts. The council shall determine its own rules and order of business, and require the city clerk to make up and keep a journal of its proceedings. Section 8. Quorum. A majority of the members elected to the council shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members elected to the council shall be necessary to adopt any ordinance, resolution, order or vote; except that a vote to adjourn may be adopted by a majority of the members present. Section 9. Introduction and passage of ordinances and resolutions. Ordinances and resolutions shall be introduced in the council only in written or printed form. All shall be ordinances, codifying or rearranging existing ordinances or enacting a code of ordinances, confined to one subject, and the subject, or subjects, of all ordinances shall be clearly expressed in the title. No ordinance shall be passed until it has been read by title or in full on two (2) separate days, and shall at least ten ( 10) days prior to final adoption, be noticed once in a newspaper of general circulation in the city. The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the council. The enacting clause of all ordinances shall be " Be it ordained by the City of Jacksonville Beach ". Section 10. When ordinances and resolutions take effect; emergency measures. All ordinances and resolutions passed by the council shall take effect at the time indicated therein. An emergency measure is an ordinance or resolution to provide' for the immediate preservation of the public peace, property, health or safety, in which the emergency is claimed is set forth and defined in a preamble thereto. The affirmative vote of at least five ( 5) members of the council shall be 1/ 2/ 2008 http:// libraryl. municode.com/default/DoeView/ 11041/ l/3/ 4 CHAPTER I. GENERAL PROVISIONS Page 4 of 4 required to pass any ordinance or resolution as an emergency measure. No measure making or amending a grant, renewal or extension of a franchise or other special privilege or which enacts or amends a land use plan or which rezones private real property shall ever be passed as an emergency measure. No situation shall be declared an emergency by the council except as defined in this section, and it is the intention of this Charter that such definition shall be strictly construed by the courts. Section 11. Authentication and publication of ordinances and resolutions. Upon its final passage each ordinance or resolution shall be authenticated by the signature of the mayor and city clerk, and shall be placed in a book for that purpose. All ordinances or resolutions shall also be published or posted in accordance with any applicable state statutes. Ur 1/ 2/ 2008 http:// libraryl. municode.com/default/DocVlew/ 1 1041 /113/ 4 CHAPTER IL CITY CLERK Page 1 of 2 CHAPTER 11. CITY CLERK Section 12. City clerk. There shall be one office of city clerk. Commencing at the expiration of the existing term of the city clerk in November 2000, the city clerk shall be appointed by the city manager, subject to the approval of the city council. The city clerk may be removed by the city manager, but said removal shall not become effective without the approval of the city council. Ord. No. 98 -7743, § 1, 6- 29 -98) Section 12( a). Duties and powers of clerk. The city clerk shall be clerk of the city council, and attend all its meetings and proceedings, record and keep the minutes and records and perform the functions and duties required thereof, as may now or hereafter as prescribed by law or ordinance. The city clerk shall issue all warrants for offenses against the city ordinances and shall be the custodian of the seal of the city. The city clerk shall have power and authority to administer an oath to, and take affidavit of, any and all persons required by the Charter or ordinances of the city to make oath in connection with dealings and transactions with the city, including but not limited to the swearing in of city officials and witnesses in inquisitorial proceedings. The jurat, or certificate of proof of acknowledgment, shall be authenticated by the signature and official seal of the city. The city clerk shall keep the official files of all the city's legal documents, contracts, deeds, etc., and shall direct and supervise the Municipal Code, coordinate all municipal elections, including the registration of voters; publication of all legal notices, publications and advertisements. Section 13. Assistant city clerk. When deemed necessary the city clerk shall be authorized to appoint one assistant city clerk; the appointment and salary shall be approved by the city council; such assistant shall be removable from the position or title of assistant city clerk by the city council and may be discharged, suspended, fired, demoted or reduced in pay by the city manager as set forth in this Charter; when appointed and qualified, the assistant city clerk shall have the power to exercise the duties of the city clerk and shall beunder the immediate supervision of the city clerk and perform such services as may be required by the city clerk; the death, disability or suspension or removal of the city clerk shall not affect the power and authority of the assistant city clerk to perform any and all duties and exercise all power provided by the Charter and ordinances to be done and performed by the city clerk. Section 14. City finance officer. There shall be a city finance officer appointed by the city manager but whose appointment must be approved by the city