Fort Walton Beach Ordinance — 2144--Amend Charter Ballot Ref on Special Assessments — reading text

READING DATE 1st 3 2nd ORDINANCE 2144 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE CITY CHARTER TO CREATE A NEW SECTION TITLED SPECIAL ASSESSMENT PETITION; PROVIDING FOR A REFERENDUM ON THE CHARTER AMENDMENT; PROVIDING FOR A BALLOT QUESTION; PROVIDING FOR A VOTE AT THE NOVEMBER 5, 2024 ELECTION ON WHETHER TO ESTABLISH PETITION REQUIREMENT FOR LEVYING SPECIAL ASSESSMENTS IN THE CITY OF FORT WALTON BEACH, SUBJECT TO CERTAIN EXCEPTIONS AS PROVIDED IN THE CHARTER; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 166. 031, Florida Statutes. SECTION 2. FINDINGS OF FACT. WHEREAS, Florida Statutes Section 166. 031( 1) provides, in part, that "[ t] he governing body of a municipality may, by ordinance,..., submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality"; and, WHEREAS, on March 8, 2021, a group of citizens submitted petitions for three proposed charter amendments to the Okaloosa County Supervisor of Elections, including but not limited to an amendment to the City Charter that would establish a petition requirement for levying special assessments in the City of Fort Walton Beach, subject to certain exceptions; and WHEREAS, on March 21, 2021, the Supervisor of Elections certified the petitions for the proposed charter amendments to be placed on a future ballot, but such amendments have not yet been placed on a ballot for consideration by the voters of the City of Fort Walton Beach; and WHEREAS, the City Council of the City of Fort Walton Beach endeavors to ensure that the voice of the citizens of the City of Fort Walton Beach are heard and expressed through the referendum process in the next general election, to be held on November 5, 2024; and WHEREAS, the City Council has proposed an amendment to the City Charter to add Section " Special Assessment Petition" for purposes of establishing a petition requirement to invoke the process for setting and levying a Special Assessment within the City of Fort Walton Beach; and, WHEREAS, the City Council desires to now place such charter amendment before the voters for consideration; and WHEREAS, the City Council of the City of Fort Walton Beach has deemed this Ordinance to be in the best interest of the public health, safety and welfare.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 3. RECITALS ADOPTED. The foregoing " Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this ordinance upon adoption hereof. SECTION 4. CHARTER AMENDMENT. For purposes of interpreting the revisions, text that is underlined is an addition to the existing text of the City Charter. ESTABLISHMENT OF PETITION REQUIREMENT FOR LEVYING SPECIAL ASSESSMENTS. If the ballot language is approved, it would amend the City Charter by establishing a petition process that is a condition precedent to begin the process for setting and levying a Special Assessment on real property within the City of Fort Walton Beach. SECTION xx. SPECIAL ASSESSMENT PETITION No special assessments shall be levied by the City against any real property unless the procedures to make such levy are first invoked by a Petition [prepared by the City Manager. at the direction of the City Council upon a vote directing the City Manager to do so) presented to all of the owners of record of the real prgperty to be assessed by such special assessment and then after such circulation to the real property owners. said Petition is then submitted by the City Manager to the City Council bearing the bona fide signatures of the majority of the propertyto be assessed by such special assessment as of the date owners of record of the real propej:!y of such submissions. SECTION 5. OFFICIAL BALLOT QUESTION. The ballot to be used in the referendum election shall be in full compliance with the laws of the State of Florida, and shall be in substantially the following form: OFFICIAL BALLOT REQUIREMENT TO LEVY SPECIAL ASSESSMENTS SHALL THE CITY OF FORT WALTON BEACH' S CHARTER BE AMENDED TO ADD A REQUIREMENT THAT THE CITY MUST FIRST GATHER THE SIGNATURES OF THE MAJORITY OF THE OWNERS OF RECORD OF REAL PROPERTY THAT THE CITY INTENDS TO LEVY A SPECIAL ASSESSMENT UPON? YES NO  SECTION 6. NOTICE OF ELECTION. The above Charter amendment contained in this ordinance shall be sent to a referendum election and shall become effective if a majority of voters vote to approve the amendment in the general election on November 5, 2024. An amendment approved by City voters as provided by law shall be effective immediately and become a part of the City Charter. If approved, the City Clerk is requested to promptly file the amended Charter with the Department of State, as required by Section 166. 031( 2), Florida Statutes. SECTION 7. PLACES OF VOTING, INSPECTORS AND CLERKS. All qualified electors residing within the City shall be entitled and permitted to vote at such referendum election on the proposition provided herein. The time and places of voting and the inspectors and clerks of the referendum election to be held on November 5, 2024 shall be those designated by the Okaloosa County Supervisor of Elections in accordance with law. SECTION 8. VOTE -BY -MAIL. Any electors participating in said referendum shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to voting by mail. The form of ballots to be used in such referendum election for these voters shall be the same as used at the polling places for such election. SECTION 9. EARLY VOTING. Adequate provisions shall be made for early voting as required by § 101. 657, Florida Statutes. The form of ballots to be used in the referendum for early voting shall be the same as used in the polling places for the election. The Supervisor of Elections shall designate the early voting dates, times and locations. SECTION 10. PRINTING OF BALLOTS. The Supervisor of Elections is authorized and directed to have printed a sufficient number of the aforesaid ballots for use of vote -by -mail electors entitled to cast such ballots in such referendum election and shall also have printed sample ballots and deliver them to the inspectors and clerks on or before the date and time for the opening of the polls for such referendum election for the voting places; and, further, is authorized and directed to make appropriate arrangements for the conduct of the election at the polling places specified. SECTION 11. ELECTION PROCEDURE. The Supervisor of Elections shall hold, administer and conduct the referendum election in the manner prescribed by law for holding such elections in the City. Returns shall show the number of qualified electors who voted in such referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with law. SECTION 12. REFERENDUM RESULTS. If a majority of the ballots cast at such election shall be for the amendment of the City' s Charter establishing a petition requirement to initiate the process to properly levy a Special Assessment within the City of Fort Walton Beach, the amendment of the Charter shall be approved. SECTION 13. SEVERABILITY. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence or paragraph hereof.  SECTION 14. CONFLICTING PROVISIONS. All ordinances in conflict or inconsistent herewith are repealed insofar as there is conflict or inconsistency. SECTION 15. EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. However, the limitation on expenditures authorized hereunder shall only be effective upon approval by a majority vote of the qualified electors of the City of Fort Walton Beach voting in a referendum. SECTION 16. INCORPORATION INTO THE CITY CHARTER. This ordinance shall be incorporated into the City of Fort Walton Beach's Charter upon approval of a majority of the voters and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Adopted: . 711 ; L0 2N l' Richard A. Rynearson, Nfayor Attest: Approved as to legal form and sufficiency f Fort Walton Beach, only. MCt Barnes, City Clerk / Romano Kopp, City Attorney