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

combine the I Ions of various departments and of various offices and to E None officer rry perform duties of one or more officers and may hold one or morel Section 56. prohibited; exception. gun or officer or employee of the city shall directly or indirectly receive4feom the city any§ pensa ron, errgolument or other thing of value for any service rendered by b ° .,_other than the ular co pensation to be paid to him as fixed by the terms of his employyme by law or or( nce, norAhall he accept any frank, free ticket, pass or service, directly or indrectlffiqfrom any pe firm or corporation, upon terms more favorable than are granted to the public gene y. Any ation of the provisions of this section shall be a misdemeanor. Such prohibitions of figNi rvi lhall not apply to policemen or firemen in uniform or wearing their official badge wheniliesa is provided by ordinance. TITLE V. MISCELLANEOUS PROVISIONS Section 57. Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to an oath or affirmation, to be filed and kept in the office of the council, that he will support, protect and defend the constitution and laws of the United States and of the State of Florida, and in all respects discharge the duties of his office. C Volume I - 7 6 v  FORT WALTON BEACH - CHARTER Section 58. Continuance of present officers. All persons holding office in or employed by the city, at the time this charter goes into effect, shall continue in such office or employment and in the performance of their duties until provisions shall have been otherwise made in accordance with the provisions of this charter for the performance or discontinuance of the duties of any such office or employment. When such provisions shall have been made the term of any such officer shall end. Section 60. Elections. a) Except as modified or altered by the charter of the Fort Walton Beach, or by ordinances adopted from time to time, the provisions of 1 w of the State of Florida pertaining to state and local elections, registrations, manner4 alifications of electors, duties of election officers, canvassing returns and the general,l Mnagement of elections, shall apply. In addition, the council may provide d ail r tioTamore specifically by ordinance enacted from time to time. b) Any qualified elector of the city may becomeaAi - err any electives office by filing with the supervisor of elections a petition in the form as p by that officer, together with a filing fee which shall be established by ordirianc Deleted: , but which may not exceed the sum of fifty dollars ($ 50.00) c) All ballots .and other forms necess yfunction of the supervisor of elections shall be the responsibility of d ections. d) After the first election. which, pursuan cethe provisions of this charter, the council shall provide for by ordinance hMi" ) uent elections shall be pro ided for by ordinance and the times Q,. i V Z` of such elections shall.b fixed somas to assure theVelections being held from time to time before the " expiration of the terms o'office of incumbents. m- Deleted: ( e) . The council shall meet as acanvassingb oardand dutycanvassthe_ ballots withinthree 3 da s after an Section,62. Property i hts, obligations, rdinances, etc., continued. m6Kicipeiection. asty taxes, Clair s;, etc. property rights, uncollected taxes due, claims, judgments, decrees and - ses in action eld and owned by the C of Fort Walton, abolished by this charter, - - Deleted: Town shall pass to andb vested in a municipality created by this charter. b) Obligations. a - e >z racts. No liability, obligation or contract of the said municipality of any nature whatsoever, inc ding bonds and other outstanding indebtedness heretofore issued, shall be impaired or affected by this charter, but such debts, obligations and contracts shall pass to and be binding upon the new municipality which is hereby organized and created. Deleted: Town c) Ordinances. The ordinances of the present C_its of Fort Walton, Okaloosa County, State of ! , - Florida, shall be and hereby are declared to be the ordinances of the City o-f Fort Walton Beach, hereby organized and established, until altered, amended, modified or repealed by the city council, except insofar as said ordinances may be modified, altered, amended or repealed by the provisions of this charter. Section 63. Offices. and employment continued. Volume I - 8  FORT WALTON BEACH - CHARTER All officers and employees of the gity of Fort Walton shall continue in their respective offices , , - Deleted: Town and employment, after the effective date of this charter, until they are replaced by election or appointment in accordance with the provisions of this charter. Section 64. Construction. a) Powers cumulative with state law. The enumeration of particular powers in this charter shall not be termed or held to be exclusive, but in addition to the powers enumerated herein, implied hereby, or applicable to the exercise thereof, which are now, or may hereafter be, possessed or enjoyed by cities under the constitution and general laws of this state, and, such powers shall be cumulative and alternative powers to those herein granted and a powers of the city, either expressed or implied, shall be exercised and embraced in the main rw rescribed by this charter, or when not so prescribed, then in such manner as prescribed by (@'inance o,r' solution of the council. b) Severability. If any section or part of a section r is invaiid,br unconstitutional, the same shall not be held to invalidate or impair the v or effect ANther section of this charter, unless it clearly appears that such o xt of a section4is lingly and necessarily dependent upon the section which is uncorr Section 67. Repealer. All laws and parts of law in conflict Section 68. Effective date. This act shall take efWti=mmediately upon Section 73. Police'TtCrikdi'etion oCCr navigable The City oaf o , Walton` B— - ch r'audi o exercise police jurisdiction over all navigable I istauee= f one h 2) mile of the present city limits of the City of Fort Walton 162' water w Beach, provided, howeve f t bh /d' tance shall extend beyond the half -way portion of any said o_ f water. This c} ter sha construed to annex any portions of water at the present 5 time or anyxfuture date. Section 74. Acquisition of recreational tracts. The City of Fo Warn Beach is authorized to acquire property on Santa Rosa Island outside the city limits of the City of Fort Walton Beach for recreational purposes, regardless of whether such lands are contigrous to the present city limits, by passage of an ordinance of the city council without regard to any general or special law of the state now existing. Volume I - 9 FORT WALTON BEACH - CHARTER Volume I - 10  FORT WALTON BEACH - CHARTER HISTORICAL NOTES & STATE LAW REFERENCES Charter Section Notes/ State Law References 2 Ord. No. 687 ( 3- 14- 78) 4 Ord. No. 755 ( 2 -8 -83) 8 Ord. No. 1780, § 2 ( 10- 14 -08) 9 166.041, Fla. Stats. ( 2004); Ord. No. 687 ( 3- 14 -78) 10 166.041, Fla. Stats. ( 2004); Ord. No. 687 ( 3- 14 -78) 11 166.041, Fla. Stats. ( 2004); Ord. No. 687 ( 3- 14 -78) 15 Ord. No. 1783, § 2 ( 10- 28 -08) 21 Repealed, Ord. 1790 ( 1- 27 -09) AM 22 Repealed, Ord. 1790 ( 1- 27 -09) 23 Repealed, Ord 1790 ( 1- 27 -09) 24 Repealed, pursuant to Municipal Home Rule Powers & t 25 Repealed, pursuant to Municipal Home Rul`ePowers Act 26 166. 041, Fla. Stats. ( 2004); Ord. No. 687(3- 14- 78) 27 Repealed, pursuant to Municipal Hon e_ Role = Powers Act 28 Repealed, pursuant to Municipal Home Rule,Pxowers AE 29 Repealed, pursuant to Municipal Home RurRPowers Act IV 30 Repealed, pursuant to Municipal Home Rule Poy;!ers,Act 31 Repealed, pursuant to Municipal Home Rule Pows7Act 32 Repealed, pursuant to Muntci .* Uome Rule Powers;'W t\ 33 Repealed, pursuant to Munici " " ome Rule Powers Ac-f 34 Repealed, pursuant to MuniciN Hom? Rt l owers Act 35 Section 35 Contractual liabih " dep ende nt on; pnar apr nation was repealed, pursuant to Municipal Home Rule Powemv.,A ct, 35 Sectiion65 Y — Rulsohnts for specific a :iopnations was-repealed, pursuant to Municipal Hom_ a Peve Act 36 R ed, pursuati6lo Municipal Home Rule Powers Act 37 Re ealaL ursuant