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

purposes of carrying out the legal, financial, public safety, public service and welfare functions of the city. The council may change any department, board, authority or office by ordinance and may prescribe, distribute or discontinue the functions and duties of departments, boards, authorities and offices so established. Additional functions and duties may be assigned by ordinance to departments, boards and authorities established by this charter, and departments, boards and authorities may be discontinued or the functions thereof changed by ordinance. Section 20. Departments to be supervised by a director. At the head of each department there shall be a director who shall have the supervision and control thereof. Each director, with the consent of the manager, shall have power to prescribe rules and regulations, not inconsistent with this charter and the ordinances passed pursuant thereto, for the conduct of the officers and employees of the department of which he is in charge and for the custody of the books, papers and property under_its control. The city manager may act as the director of any one or more departments if the city council should so provide by ordinance. Volume I - 6 nPacket Pg 10  41 a FORT WALTON BEACH - CHARTER TITLE V —FINANCE PROCEDURES Section 52. Surety bonds required of officers and employees. The council of the City of Fort Walton shall fix. the amount of the bond of all officers required by resolution or ordinance to give bond, and all officers, clerks and employees of whom bond is required by the council shall, before entering upon their respective duties, give bond with surety to be approved by the council, conditioned on the faithful performance of the duties of their respective offices, which bond, unless otherwise specifically provided by this charter, shall be payable to said city, and in such penalty as the council may by resolution prescribe. The council shall accept as surety on any official bond a good solvent surety company authorized to do business in the State of Florida. The premium on any such bond shall be paid by the city, unless otherwise specifically provided, and such bond shall be preserved by the city clerk. Section 53. City officers; appointment and compensation. r The city council shall appoint the city clerk and the city attorney. All other officers and employees shall be selected by the city manager. The council shall fix, by resolution, the v compensation of the city manager, the mayor, the city clerk, and the city attorney. The city manager c shall fix the salaries or compensation of all other officers and employees. 3: Section 55. Consolidation of offices and departments. W The city council shall have the right to combine the functions of various departments and of various offices and to provide that one officer may perform the duties of one or more officers and may hold one or more offices. Section 56. Emoluments other than regular compensation prohibited; exception. No member of the council or officer or employee of the city shall directly or indirectly receive from the city any compensation, emolument or other thing of value for -any service rendered by him or other than the regular compensation to be paid to him as fixed by the terms of his employment by law or ordinance, nor shall he accept any frank, free ticket; pass or service, directly or indirectly, from any person, firm or corporation, upon terms more favorable than are granted to the public generally. Any violation of the provisions of this section shall be a misdemeanor. Such prohibitions of free service shall not apply to policemen or firemen in uniform or wearing their official badge when the same 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. Volume I - 7 Packet Pg 11 "  41 a 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 City of Fort Walton Beach, or by ordinances adopted from time to time, the provisions of general law of the State of Florida pertaining to state and local elections, registrations, manner of voting, qualifications of electors, duties of election officers, canvassing returns and the general holding and management of elections, shall apply.. In addition, the council may provide detail for such elections more specifically by ordinance enacted from time to time. b) Any qualified elector of the city may become a candidate for any elective. office by filing with the supervisor of elections a petition in the for m as prescribed by that officer, together with a filing fee which shall be established by ordinance, but which may not exceed the sum of fifty dollars ($ 50. 00). c) All, ballots and other forms necessary for accomplishment of the function of the supervisor of elections shall be the responsibility of the office of the supervisor of elections. d) After the first election which, pursuant to the provisions of this charter, the council shall provide for by ordinance, the subsequent elections shall be provided for by ordinance and the times of such elections shall be fixed so as to assure the elections being held from time to time before the expiration of the terms of office of the incumbents. e) The council shall meet as a canvassing board and duly canvass the ballots within three ( 3) days after any municipal election. Section 62. Property rights, obligations, ordinances, etc., continued. a) Property taxes, claims, etc. All property rights, uncollected taxes due, claims, judgments, decrees and chores in action held and owned by the Town of Fort Walton, abolished by this charter, shall pass to and be vested in the municipality created by this charter. b) Obligations and contracts. No liability, obligation or contract of the said municipality of any nature whatsoever, including 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. c) Ordinances. The ordinances of the present Town of Fort Walton, Okaloosa County, State of Florida, shall be and hereby are declared to be the ordinances of the City of 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. Volume I - 8 Packet Pg 12  41a FORT WALTON BEACH - CHARTER Section 63. Offices and employment continued. All officers and employees of the Town of Fort Walton shall continue in their respective offices 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 all the powers of the city, either expressed or implied, shall be exercised and embraced in the manner prescribed by this charter, or when not so prescribed, then in such manner as. prescribed by ordinance or resolution of the council. b) Severability. If any section or part of a section of this charter is invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section of this charter, unless it clearly appears that such other section or part of a section is willingly and necessarily dependent upon the section which is unconstitutional or invalid. Section 67. Repealer. All laws and parts of law in conflict herewith are hereby repealed. Section 68. Effective date. This act shall take effect immediately upon its becoming a law. Section 73. Police jurisdiction over navigable waters. The City of Fort Walton Beach is authorized to exercise police jurisdiction over all navigable water within a distance of one -half ( 1/ 2) mile of the present city limits of the City of Fort Walton Beach, provided, however, that no such distance shall extend beyond the half -way portion of any said body of water. This charter shall not be construed to annex any portions of water at the present time or any future date. Section 74. Acquisition of recreational tracts. The City of Fort Walton 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 contiguous 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 Packet Pg 13 , FORT WALTON BEACH - CHARTER a Lo U a U w O 3 d d v T