Fort Walton Beach Council agenda — 6-23-14--special--charter review — reading text

MAYOR AND CITY COUNCIL; AMENDING SECTION 4A, PROVIDING THE OFFICE OF MAYOR IS SUBJECT TO TERM LIMITS; AMENDING SECTION 5, ALLOWING THE CITY COUNCIL TO SET MEETING DATES AND TIMES VIA RESOLUTION; AMENDING SECTION 6, DELETING OBSOLETE LANGUAGE; AMENDING SECTION 53, ESTABLISHING THE FINANCE DIRECTOR AS A CHARTER OFFICER; AMENDING SECTION 60, PROVIDING THAT CITY COUNCIL SHALL SET FILING FEES FOR CANDIDATES VIA ORDINANCE; AMENDING THE NUMBERING OF SECTIONS FOR CONTINUITY; DELETING OBSOLETE LANGUAGE FROM THE CHARTER; PROVIDING FOR A REFERENDUM THEREON; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: WHEREAS, the City Council has reviewed the current Charter of the City of Fort Walton Beach and with the City Attorney has made recommended changes to the City Charter; and WHEREAS, the City Council has reviewed the recommended changes by the Council and the City Attorney, and the Council has determined that it would be in the best interest of the City of Fort Walton Beach to accept the recommended amendments updating the current City Charter; and WHEREAS, the City Council has concluded that amending the City Charter and calling for a referendum election in accordance with the provision of Section 166. 031, Florida Statutes, for the electorate of the City of Fort Walton Beach to consider the amended City Charter is in the best interest of the City of Fort Walton Beach; and WHEREAS, the proposed amended City Charter needs to be submitted to the electors of the City of Fort Walton Beach for their consideration and approval before becoming effective; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interest of the health, safety, and welfare of the residents and citizens of the City of Fort Walton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FORT WALTON BEACH, FLORIDA:  ORDINANCE 1900 SECTION 1. The City Council calls for the holding of a referendum of the electors of the City of Fort Walton Beach on March XX, 2015, to consider and vote for or against the approval of the proposed amendments to the City Charter as approved by the City Council on September 9, 2014. SECTION 2. The proposed amendments to the City' s Charter are as follows: a. Delete where appropriate in the charter the word " Town" and replace it with City"; b. Amend " Section 4 Creation and composition of council." to provide that the city council shall be elected at -large and assigned seats based on the number of votes received; c. Amend " Section 4 Creation and composition of council." to provide that in addition to being a qualified elector of the city the person must have resided within the city for a minimum of six ( 6) months prior to taking office; d. Amend " Section 4A. Limit on number of terms for city council." to provide that term limits now apply to the mayor; e. Amend " Section 5. Regular and special meetings of council." to state the city council shall set by resolution the dates and times of meetings; f. Amend " Section 6. Election of mayor and mayor pro tem; general duties of mayor." to delete "... commencing July 1, 1981,..." in this section; g. Amend " Section 53." City officers; appointment and compensation." to make the finance director for the city a charter officer appointed by the city council and whose salary shall be fixed by the city council. h. Amend " Section 60. Elections." to establish that filing fees for candidates shall be established by ordinance; i. Amend " Section 60. Elections." to delete subsection ( e) entirely; and j. Amend all section numbers to provide continuity where applicable. SECTION 3. The proposed amended charter is attached hereto and incorporated by reference as Attachment " A" of this Ordinance. SECTION 4. The Supervisor of Elections"of Okaloosa County is hereby appointed as the election .officer of the election to be held on March XX, 2015, by ballot in accordance with Florida Statutes. SECTION 5. The City of Fort Walton Beach shall reimburse the Supervisor of Elections for any costs incurred by that office directly related to the preparation for, conducting of, and certifying the results of the referendum on the proposed amended City Charter. SECTION 6. The questions to appear on the ballot of the referendum on the proposed City Charter revisions shall be: BALLOT TITLE Packet;Pg 7 , .  ORDINANCE 1900 CITY OF FORT WALTON BEACH CHARTER AMENDMENT QUESTION #1 BALLOT QUESTION SHALL THE CITY OF FORT WALTON BEACH AMEND ITS CITY CHARTER PROVIDING THAT ALL COUNCIL SEATS SHALL BE ELECTED AT -LARGE AND COUNCIL SEATS SHALL BE ASSIGNED BASED ON THE HIGHEST NUMBER OF VOTES RECEIVED? FOR" adopting amendment to the City Charter. AGAINST" adopting amendment to the City Charter. BALLOT TITLE CITY OF FORT WALTON BEACH CHARTER AMENDMENT QUESTION #2 BALLOT QUESTION SHALL THE CITY OF FORT WALTON BEACH AMEND ITS CITY CHARTER PROVIDING THAT ANY CANDIDATE FOR MAYOR OR CITY COUNCIL MUST HAVE LIVED WITHIN THE CITY LIMITS FOR. A MINIMUM OF SIX ( 6) MONTHS PRIOR TO TAKING OFFICE? FOR" adopting amendment to the City Charter. AGAINST" adopting amendment to the City .Charter. BALLOT TITLE Packet  ORDINANCE 1900 CITY OF FORT WALTON BEACH CHARTER AMENDMENT QUESTION #3 BALLOT QUESTION SHALL THE CITY OF FORT WALTON BEACH AMEND ITS CITY CHARTER PROVIDING THAT A PERSON ELECTED TO THE OFFICE OF THE MAYOR MAY NOT BE HOLD SUCH OFFICE MORE THAN TWO CONSECUTIVE FULL TERMS? FOR" adopting amendment to the City Charter. AGAINST" adopting amendment to the City Charter. BALLOT TITLE CITY OF FORT WALTON BEACH CHARTER AMENDMENT QUESTION #4 BALLOT QUESTION SHALL THE CITY OF FORT WALTON BEACH AMEND ITS CITY CHARTER PROVIDING THAT THE FINANCE DIRECTOR SHALL BE A CHARTER OFFICER? FOR" adopting amendment to the City Charter. AGAINST" adopting amendment to the City Charter. BALLOT TITLE Packet Pg. 9  ORDINANCE 1900 CITY OF FORT WALTON BEACH CHARTER AMENDMENT QUESTION #5 BALLOT QUESTION SHALL THE CITY OF FORT WALTON BEACH AMEND ITS CITY CHARTER TO ALLOW THE CITY COUNCIL TO SET BY RESOLUTION DATES AND TIMES OF MEETINGS? FOR" adopting amendment to the City Charter. AGAINST" adopting amendment to the City Charter. BALLOT TITLE CITY OF FORT WALTON BEACH CHARTER AMENDMENT QUESTION #6 BALLOT QUESTION SHALL THE CITY OF FORT WALTON BEACH AMEND ITS CITY CHARTER TO DELETE OBSOLETE LANGUAGE FROM THE CHARTER, REPLACE " TOWN" WITH " CITY" WHERE APPLICABLE, AND RENUMBER SECTIONS FOR CONTINUITY? FOR" adopting amendment to the City Charter. AGAINST" adopting amendment to the City Charter. BALLOT TITLE CITY OF FORT WALTON BEACH CHARTER 4 Packet Pg 10  ORDINANCE 1900 AMENDMENT QUESTION #7 BALLOT QUESTION SHALL THE CITY OF FORT WALTON BEACH AMEND ITS CITY CHARTER TO ALLOW THE CITY COUNCIL TO SET FILING FEES FOR CANDIDATES WHO RUN FOR MUNICIPAL OFFICE BY ORDINANCE? FOR" adopting amendment to the City Charter. AGAINST" adopting amendment to the City Charter. SECTION 6. The appropriate officials shall cause to be published in a newspaper of general circulation of the City the notices of the referendum required by Florida law. SECTION 7. In the event the foregoing proposal is approved by a majority of the electors voting on the proposal, the following amended Charter for the City of Fort Walton Beach shall become effective on March XX, 2015. SECTION 8. SEVERABILITY The various parts, sections and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph section or clause is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of .the ordinance shall not be affected thereby. SECTION 9. CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE This ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2014. Mike Anderson, Mayor Attest: Approved for form, legal sufficiency Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney  ORDINANCE 1900 Additions are underlined; deletions ns are stFiekea. acket Pg 12  VOLUMEI CHARTER Title I. Establishment. Sec. 1. Municipality. Sec. 3. Validation of ordinances, property rights, liabilities, etc. Title H. Legislative Sec. 4. Creation. Sec. 4A. Limit on number of terms for city cou Sec. 4B. Filling vacancies in the city council or Sec. 5. Regular and special meetings of count Sec. 6. Election of mayor and mayor pro tem Sec. 7. General powers and rules of council. Sec. 8. Quorum; compelling attendance of m Sec. 12. Investigations of transactions of