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

coming before the council, and the heads of all departments and other officers shall be entitled to take part in all discussions of the council relating to their respective departments and offices. Section 33. Investigations by council or manager. A committee authorized by the council and /or the manager shall have the power to inquire into the conduct of any department, office or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by a fine not to exceed fifty dollars ($ 50. 00) or by imprisonment not to exceed thirty (30) days or both. Any officer, person, or committee conducting the investigation shall report to the city council all violations or neglect of duty, or any misfeasance, malfeasance or nonfeasance in office, or improper conduct on the part of any city official that may come to his or its knowledge. No member of any investigative committee shall be an employee of the city, an elected official, or a relative of an employee or an elected official, or have any personal interest in the subject being investigated. http:// Iibraryl.municode.com/ default/DocView/ 1 1041/ l/3/ 8 1/ 2/ 2008 CHAPTER VI. CITY ATTORNEY Page 1 of 1 CHAPTER VI. CITY ATTORNEY Section 34. City attorney; appointment by council. There is hereby created the office of city attorney, which said city attorney shall be appointed by the affirmative vote of four (4) members of the city council. Section 35. Qualifications. The city attorney must be a lawyer legally admitted to practice in the several courts of the State of Florida. Section 36. Compensation. The city attorney shall receive an annual retainer to be fixed by the city council and such fees for special or extraordinary services rendered to or on behalf of the city as may be specifically authorized by the city council. Section 37. Duties of city attorney. The city attorney shall act as the legal advisor and counselor for the municipality and all of its officers - in matters relating to their official duties. He shall prepare all contracts, bonds and other instruments in which the municipality is concerned and shall endorse on each his approval of the form and correctness thereof. When required so to do by the city council, he shall prosecute and defend, for and in behalf of the city, all complaints suits, controversies and proceedings in which the city is' a party. He shall furnish the officers or the heads of any departments of the city his opinion on any question of law relating to their respective powers and duties. 313 http:// library1 .municode. com/default/DoeVi.ew /11041/ 1/ 3/ 9 1/ 2/ 2008 CHAPTER VII. BUDGET AND FINANCE Page 1 of 2 CHAPTER VII. BUDGET AND FINANCE Section 38. Transfer of appropriations. The council may, upon the recommendation of either the manager or finance director, transfer any unencumbered appropriation balance of the city government from one department or agency to another. Section 39. Money to be drawn from treasury in accordance with appropriation. No money shall be drawn from the treasury of the city, nor shall any obligation for the expenditure of money be incurred, except in pursuance of the annual appropriation resolution or of such resolution when change as authorized. The city shall be prohibited from employing or appropriating the taxes and revenues of said city in any other manner than for purposes strictly municipal and local, according to the provisions of this Charter. At the close of each fiscal year, any unencumbered balance of an appropriation shall revert to the fund from which appropriated and shall be subject to reappropriation; but appropriation may be made by the council, to be paid out of the income of the current year, in furtherance of improvements or other object or works which will not be completed within such year, and any such appropriation shall continue in force until the purpose for which it was made shall have been accomplished or abandoned. Section 40. Purchase procedure. Before making any purchases or contract for supplies, materials, equipment, or contractual services, opportunity shall be given for competition, under such rules and regulations and with such exceptions, as the council may prescribe by ordinance. Section 41. Issuance of bonds, borrowing. The city may borrow money, contract loans and issue bonds as authorized by the general state laws. Section 42. Independent audit. As soon as practicable after each fiscal year, an independent audit shall be made of all accounts of the city government by qualified public accountants, selected by the council, who have no personal interest directly or indirectly in the financial affairs of the city government or of any of its officers. Section 43. Contract prohibited. The city government shall not employ or contract with any elective official of the city. Section 44. Execution of contracts. J-0 http:// IibraryI. municode.com/default/DocView/ I1041/ l/ 3/ 10 1/ 2/ 2008 CHAPTER VIZ. BUDGET AND FINANCE Page 2 of 2 All contracts, bonds or other documents to be executed for or on behalf of the City of Jacksonville Beach, shall be signed by the mayor and city manager and attested by the city clerk with the seal of the city. Section 45. Checks, vouchers or warrants. All checks, vouchers or warrants drawn against ends of the city must be duly audited before issuing same and must be signed by the city finance officer and city manager, provided that the city council may by resolution designate alternates who shall be authorized to sign checks, vouchers, or warrants above referred to in the place of and stead of any one of the foregoing who may be absent or disabled. Provided that the only exception to the above required two (2) signatures is that all individual salaried payroll checks need only be signed by the city finance officer in all. other events, checks, vouchers, and warrants must be signed by two (2) persons. 1/ 2/ 2008 http:// library I.municode.com /default/DocView /11041/ 1/ 3/ 10 CHAPTER VIII. TAXATION Page l of 2 CHAPTER VIII. TAXATION Section 46. General powers of taxation. The city shall have the power and authority to raise by tax, assessment, or any lawfully authorized means, all sums of money necessary, convenient or required to conduct municipal government, perform all municipal functions, to render all municipal sums, and to exercise any power for municipal purposes. Section 47. Remedies for enforcing obligations due city. The City of Jacksonville Beach, shall, in addition to the power and authority to collect and enforce its liens, also have the power and authority to institute suit at law in any court having jurisdiction of the amount involved, in the name of the City of Jacksonville Beach for the collection of any taxes, liens, assessments, debts, or obligations due by any person, firm or corporation to the City of Jacksonville Beach. Section 48. Power to grade and fix license and occupation taxes. The City of Jacksonville Beach is hereby authorized to levy and enforce license or occupational taxes upon any and all occupations, businesses or professions, and to grade and fix the.amounts in the same manner that the Legislature of the State of Florida could impose such licenses or taxes for state purposes. Section 49. Liens are negotiable. All liens held by the City of Jacksonville Beach against land and property, entered in the improvement lien book in accordance with the Charter and ordinances, shall be negotiable and assignable and may be transferred and sold by the city council. by ordinance, as and for security and for the redemption and payment of serial improvement bonds, or other obligations incurred by the city in malting municipal improvements authorized to be made by Charter; the city council may provide by ordinance for the acceptance of payment of all such liens in partial payments and installments of not less than an annual payment of one -twentieth ( 1/ 20) of the whole amount of lien, together with the interest due and accruing which shall be the same rate as is specified in the issue of serial improvement bonds which such liens shall secure; or that the negotiation and sale of such liens may be absolute if so provided by the ordinance negotiating any sale thereof; that any ordinance authorizing payment of such liens in partial payment or installments shall provide that if default is made in the payment of any installment when due, the whole amount of such lien remaining due and unpaid, together with the interest thereon, shall be and become due forthwith, and payment demanded, enforced, and collected by the City of Jacksonville Beach, or if assigned in the name of such city by the assignee of any such lien or the holder of any serial improvement bond; collection shall be made in the same manner as is provided by Charter and by law for the collection of delinquent taxes, liens, and assessments due the city; all cost of collection, including reasonable fees for the services of the attorney or solicitor enforcing such lien, shall be included. This section shall not be construed to be restrictive and the City of Jacksonville Beach shall also have the power and authority to apply any and all provisions of its Charter, the Constitution of the State of Florida, and the general laws governing the powers of cities and towns, in making assessments for 1/ 2/ 2008 http:// Iibraryl. municode.com/default/DocView/ I 1041/ 1/ 3/ 11 CHAPTER VIII. TAXATION Page 2 of 2 public improvements and negotiating, securing and collecting such liens and assessments, and the issuance of certificates of indebtedness or improvement bonds. 1/ 2/ 2008 http:// libraryl.municode.com/ default/DoeView/ I 1041/ 113/ 11 CHAPTER IX. ENUMERATION OF PARTICULAR POWERS Page 1 of 6 CHAPTER IX. ENUMERATION OF PARTICULAR POWERS Section 50. Specific powers. 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. Section 51. Additional powers.