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

4/ 14 1 /2/ 2008 ARTICLE 11. LOCAL IMPROVEMENTS* Page 1 of 1 ARTICLE 11. LOCAL IMPROVEMENTS* Editor's note: This article has been editorially deleted as all limitations on the exercise of certain home rule powers in a charter adopted prior to July 1, 1973, and not subsequently amended have been repealed or converted to ordinances by operation of F.S. § 166. 021( 4) and this article is obsolete and the city follows the procedure in F. S. ch. 170. http:// Iibraryl. municode.com/default/DocView/ 13804/ l/4"/15 1/ 2/ 2008 ARTICLE 12. INITIATIVE AND REFERENDUM' S Page 1 of 2 ARTICLE 12. INITIATIVE AND REFERENDUM* Editor's note: Section 1 of Ord. No. 86- 5019, adopted June 18, 1986, amended pt. A of the Charter by amending the title to art. 12, as well as the catchlines to §§ 12. 13 and 12. 14. The ordinance also repealed §§ 12. 8 - -12. 12 of art. 12, which sections pertained to recall and procedures therefor, and derived from Laws of Fla. ch. 59 -1598, §§ 12. 15 --12. 19, and Laws of Fla. ch. 70 -819, § 24. Sec. 12. 1. General authority. Editor' s note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166.021( 5). This section is section 2941 in the Code of Ordinances. Sec. 12. 2. Commencement of proceedings; petitioners' committee; affidavit. Editor' s note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021( 5). This section is section 2 -942 in the Code of Ordinances. Sec. 12. 3. Petitions. Editor's note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166. 021( 5). This section is section 2 -943 in the Code of Ordinances. Sec. 12. 4. Procedure after filing. Editor' s note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166. 021( 5). This section is section 2 -944 in the Code of Ordinances. Sec. 12.5. Referendum petitions; suspension of effect of ordinance. Editor' s note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166.021( 5). This section is section 2 -945 in the Code of Ordinances. IW40- 1/ 2/ 2008 http:// Iibraryl. municode. com/ default/DocView/ 13804/ l/4/ 16 ARTICLE 12. INITIATIVE AND REFERENDUM* Page 2 of 2 Sec. 12. 6. Action on petition. Editor's note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166. 021( 5). This section is section 2 -946 in the Code of Ordinances. Sec. 12. 7. Results of election. Editor's note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166. 021( 5). This section is section 2 -947 in the Code of Ordinances. Secs. 12. 8 --12. 12. Reserved. Editor's note: Section 1 of Ord. No. 86 -5019, adopted June 18, 1986, repealed art. 12, §§ 12. 8 -- 12. 12, which sections pertained to recall and procedures therefor, and derived from Laws of Fla. ch. 59 -1598, §§ 12. 15 --12. 19, and Laws of Fla. ch. 70 -819, § 24. Sec. 12. 13. Referendum; election may be ordered by court. Editor' s note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166. 021( 5). This section is section 2 -948 in the Code of Ordinances. Sec. 12.14. Referendum; forgery. Editor's note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166. 021( 5). This section is section 2 -949 in the Code of Ordinances. V"& 1--/ 1/ 2/ 2008 http:l Iibraryl. municode. com /default/DoeView /13804/ l/4/ 16 ARTICLE 13. NOMINATIONS AND ELECTIONS* Page 1 of 4 ARTICLE 13. NOMINATIONS AND ELECTIONS* Editor' s note: Ord. No. 2854, § 1, adopted Jan. 4, 1978, specifically amended the Charter by revising art. 13 to read as herein set out. Former art. 13, §§ 13. 1- - 13. 6, had pertained to the same subject matter and had been derived from Laws of Fla. ch. 59 -1598, §§ 13. 1- - 13. 6; Laws of Fla. ch. 63- 1667, § 8; Laws of Fla. ch. 67 -1734, § 3; and Laws of Fla. ch. 70 -819, § 25. State law references: Florida election code, F. S. chs. 97 - 1 - 06. Sec. 13. 1. Regular election dates; election officers. a) Regular municipal elections, nonpartisan in nature, shall be on the first Tuesday in February of each even -numbered year, except in years that are a multiple of four at which time the regular municipal election will be held on the same day as the State of Florida Presidential Preference Primary. Unless provided by this Charter or by ordinance to the contrary, all elections hereunder shall be conducted substantially pursuant to F. S. Chs. 97 - 1 - 06 as applicable and insofar as such sections are not in conflictwith this Charter. b) That the " Florida Election Code" ( F. S. chs. 97- -106, as amended from time to time) is hereby incorporated and specifically adopted as controlling law regarding election procedures in the City of Naples, such laws as relate to the conduct of elections in the City of Naples; specifically excluding any portions of said statutes which conflict with sections 2. 1, 2. 2, 2. 3 and 2.4 of the City Charter, and excluding any portions of said statutes which conflict with this section and sections 13. 2, 13.3, 13.4 and 13. 5. c) For each election, the council shall appoint the necessary election officials to insure that the same is conducted fairly and pursuant to law. The candidate receiving the highest number of votes for the office of mayor at said election, shall be considered elected mayor. The three ( 3) candidates for council receiving the highest number of votes at said election, shall be considered elected as members of council. Ord. No. 2854, § 1, 1 - 4 -1978; Ord. No. 93 -6877, § 1, 3 -17 -1993; Ord. No. 0711739, § 1, 8 -15 -2007) Sec. 13. 2. Qualifications of electors. Any person who is a citizen of the United States and has reached the age of eighteen ( 18) years, who resides within the City of Naples, Florida, and is a registered voter, shall be qualified to vote in all city elections. Ord. No. 2854, § 1, 1 - 4 -1978) State law references: Qualification for election preempted by state law, F. S. §§ 97. 041, 166. 032. Sec. 13. 3. Elections; canvass of returns. 1) The polls shall open at 7:00 a. m. and close at 7 :00 p. m. the same date. When the results of voting have been ascertained, they shall be certified by the election officials in duplicate, one copy being delivered to the city manager and one copy to the city clerk, both of whom shall http:// I' braryl.municode. com/default/DocView/ 13804/ l/ 4/ 17 1/ 2/ 2008 ARTICLE 13. NOMINATIONS AND ELECTIONS* Page 2 of 4 transmit such copies to the city council at a meeting to be held at 12: 00 noon of the day following the election. 2) The City of Naples Canvassing Board shall consist of the following three (3) persons: a) - The city clerk; b) A person designated by city council to serve as the chief election official for the city; and c) The mayor, unless the mayor is a candidate for election to a council seat or otherwise unable to serve. However, if the city clerk conducts any particular election in the City of Naples and is hence designated the chief election official, the city council may appoint a person who is not a candidate in that election as a member of the canvassing board. 3) In the event that any member of the canvassing board is unable to serve on the canvassing board, the city council shall name a replacement for that member of the canvassing board. The replacement shall be an elector of the City of Naples and not an incumbent member of city council eligible for reelection within the current year. 4) The canvassing board shall, prior to 12 :00 noon of the day following the election, canvass the returns of the election, including the absentee electors' ballots, and shall deliver to the city council at the meeting aforesaid, a certificate containing the total number of votes cast for each candidate. 5) The city attorney shall act as legal counsel for the canvassing board. 6) The responsibilities of the canvassing board shall include the canvassing of the returns of the election, general supervision of election procedures, investigation and determination of an administrative challenge of the election and any other procedural responsibilities related to the election appropriate under applicable law. In the event that the canvassing board of the City of Naples serves concurrently with the canvassing board of Collier County, duly constituted under law, the decision of the canvassing board of Collier County shall control. 7) Before canvassing the returns of the election, the canvassing board shall: a) When paper ballots are used, examine the tabulation of the paper ballots cast. b) When voting machines are used, examine the counters on the non -printer machines or the print -pac on printer machines. If there is a discrepancy between the returns and' the counters on the machine or the print -pacs, the counters of such machines or the print -pacs shall be presumed correct. c) When electronic equipment is used, examine precinct records