Fort Walton Beach Council agenda — 5-13-14--special--charter review — reading text

Agenda City of Fort Walton Beach Special Meeting of the City Council of Fort Walton Beach Tuesday, May 13, 2014 4: 00 PM 107 miracle Strip Parkway Fort Walton Beach, FL 32548 1. CALL TO ORDER 4: 00 PM Meeting will be called to order on May 13, 2014 at Council Chamber, 107 Miracle Strip Parkway, Fort Walton Beach, FL. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. ACTION --DIRECTION --DISCUSSION 4. 1. Review of City Charter Synopsis: ( Executive Assistant) The City Manager and City Attorney will discuss the City Charter and open the discussion from City Council and the public on proposed changes to the Charter in preparation for placing any changes on the March 2015 ballot. ATTACHMENTS: City of FWB Charter ( PDF) 5. ADJOURNMENT Quasi- Judicial — denotes that the item must be conducted as a quasi -judicial hearing in accordance with Florida Statutes. Action —Direction —Discussion items may be acted upon by the City Council by either a motion with a vote in accordance with Robert' s Rules of Order, or by a consensus of the Council. Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ( Chapter 286. 01105, F. S.) Page I Printed 51612014 City Council ofFort Walton Beach Special Meeting._ Agenda May 13, 2014 The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 833 -9509 to make a request. For Hearing Impaired dial the City Hall TDD #850 -833- 9925 or 1- 800 -995 -8771 ( TDD) or 1- 800 -955 -8770 ( Voice). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested. service. All City of Fort Walton Beach council and board meetings are recorded. The video can be accessed at www.fwb.org. Page 2 Printed 51612014 City Council of Fort Walton Beach  City Council of Fort Walton Beach CITY MANAGER J MEMORANDUM L To: Michael D. Beedie, City Manager From: Carole Jones, Executive Assistant Date: May 13, 2014 Subject: Review of City Charter ATTACHMENTS: City of FWB Charter PDF) SIGNATURE BLOCK: Carole Jones Completed 05/ 02/ 2014 9: 26 AM Carole Jones Completed 05/ 02/ 2014 9: 26 AM City Manager Completed 05/ 06/ 2014 1: 07 PM City Council Pending Page 1 of 1 PacketPg 3  VOLUMEI CHARTER Title I. Establishment. Sec.. 1. Municipality. Sec. 3. Validation of ordinances, property rights, liabilities, etc. Title II. Legislative Sec. 4. Creation. Sec. 4A. Limit on number of terms for city council. Sec. 4B. Filling vacancies in the city council or in the office of mayor. Sec. 5. Regular and special meetings of council. Sec. 6. Election of mayor and mayor pro tem; general duties of mayor. Sec. 7. General powers and rules of council. Sec. 8. Quorum; compelling attendance of members. Sec. 12. Investigations of transactions of departments and officials. Title III. Administration Sec. 13. City manager; acting manager; assistant manager; appointment, qualifications and salary. Sec. 14. City manager; responsibility; powers of appointment and removal. Sec. 15. Removal of officers and employees. Sec. 16. Council not to interfere in appointments or removals; violation a misdemeanor; forfeiture of office. Sec. 17. Duties of manager. Sec. 18. Manager' s and officer' s right to participate in council meetings. Sec. 19. Administrative departments. Sec. 20. Departments to be supervised by a director. Title IV. Finance Procedures Sec. 52. Surety bonds required of officers and employees. Sec. 53. City officers; appointment and compensation. Sec. 55. Consolidation of offices and departments. Sec. 56. Emoluments other than regular compensation prohibited; exception. Title V. Miscellaneous Provisions Sec. 57. Oath of office. Sec. 58. Continuance of present officers. Sec. 60. Elections. Packet,Pg 4 4:,  FORT WALTON BEACH - CHARTER Sec. 62. Property rights, obligations, ordinances, etc_.,continued. Sec. 63. Offices and employment continued. Sec. 64. Construction. Sec. 67. Repealer. Sec. 68. Effective date. Sec. 73. Police jurisdiction over navigable waters. Sec. 74. Acquisition of recreational tracts. Historical Notes & State Law References Laws of Florida - Section Section - Laws of Florida Referenda to Section Charter Index Volume I - 1 Packet Pg R 5  41 a FORT WALTON BEACH - CHARTER TITLE I. ESTABLISHMENT Section 1. Municipality established. The present municipality of the City of Fort Walton is hereby abolished and in the place of the same municipality there is hereby created and established a municipality under the name of Fort Walton Beach within the territorial boundaries of the said City of Fort Walton as now established or as there may hereafter be established, the said Fort Walton Beach to succeed to and take the place of the abolished City of Fort Walton. The municipal corporation hereby established and created shall have perpetual succession, may use a common seal, may contract and be contracted with, and may sue and be impleaded in all matters whatsoever. Section 3. Validation of ordinances, property rights, liabilities, etc. All laws, by -laws, resolutions and ordinances lawfully passed and in force in the Town of Fort Walton under its former charter, not in conflict or inconsistent with the provisions of this charter, shall remain in force until repealed or altered in accordance with the provisions of this act. All rights, actions, prosecutions, contracts, and power and property of every description which were vested in it are vested in it under the charter herein provided for, as though there had been no change in form of government, and no neglect or liability, either in favor of or against the town, and no suit or prosecution of any kind, shall be affected by such change, unless expressly provided by the terms of this act. TITLE II. LEGISLATIVE Section 4. Creation and composition of council. Except as otherwise provided in this charter, all powers of the city shall be vested in a council of 4- seven members, who shall be designated by a specific seat number and each of whom shall be elected by the qualified voters of the city at large. The term of all councilmen shall be for four ( 4) years, and an election shall be held each two ( 2) years for the purpose of electing members of the council as the terms expire. Until such elected members of the council shall take office, the present members of the council of the City of Fort Walton Beach shall continue in office until the expiration r of their present terms of office. Members of the council shall be qualified electors of the city and r shall not hold any other city, state or federal office, except that of notary public or member of the Q state militia or member of the reserve forces of the United States. A member of the council ceasing to possess any of the qualifications specified in this section or convicted of crime, while in office, shall immediately forfeit his office. Section 4A. Limit on number of terms for city council. No person shall be elected to the office of city council of the City of Fort Walton Beach for more than two consecutive full terms. However, this section shall not apply to any person holding the office of city council May 12, 1981, or to any person elected to take office during the year 1981. Volume I - 2  4: 1 a FORT WALTON BEACH - CHARTER Section 4B. Filling vacancies in the city council or in the office of mayor. a) In the event a vacancy occurs on the city council, or in the office of mayor, after election of a person to fill the office concerned, the position shall be filled as follows: 1) If a person elected has not yet been sworn into office, the office shall not be filled until that person would ordinarily have been sworn in. The council taking its seat at the time that person would have been sworn in shall determine the successor, by majority vote. 2) If -the person elected has been sworn into office, and if more than sixty ( 60) days remain before the next primary election to be held within the City of Fort Walton Beach, then that vacancy shall be filled by a vote of the majority of the council then sitting. 3) Prior to any appointment by council, nominations shall be accepted during at least the two 2) general meetings following creation of the vacancies. The city council shall appoint the person to fill the vacancy at the third regular meeting after the vacancy is created. Voting will be confined only to those persons who were nominated and discussed at either or both the public meetings at which nominations were accepted. 4) If fewer than sixty ( 60) days remain before the next primary election, no successor shall be appointed unless no one qualifies to run for the vacant position. b) All vacancies which occur on the city council, or in the office of mayor, shall be filled by majority vote of the council, but only until the next election held in the city. c) Whether or not the seat becoming vacant has been sworn into office, the appointment by a majority of the council shall be for a period extending only until the beginning of the first regular meeting after a successor is chosen by election as provided herein. That seat shall be open for