§ 2.10. Action requiring ordinances—Resolutions.

(a)

Ordinances and resolutions shall be introduced in the Commission only in written form. All ordinances, except ordinances making appropriations and ordinances codifying or rearranging existing ordinances, shall be confined to one (1) subject, which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriation. Each ordinance that is to be included in the Code of Ordinances shall contain a section within the ordinance that specifies the ordinance be included in the Code.

Every ordinance, except as hereinafter stated, after passage on first reading, by the title thereof, shall be published by such title, at least once together with the notice of the time and place when and where it will be given a public hearing and be considered for final passage. Such publication shall be at least one (1) week prior to the time set for the hearing. At the time and place so advertised, or at any time and place to which such hearing shall from time to time be adjourned, such ordinance may be read in full and, shall be made available for reading, after such reading, all persons interested shall be given an opportunity to be heard. After such hearing, the Commission may finally pass such ordinance with or without amendment, except that if it shall make an amendment which constitutes a change in substance, it shall not finally pass the ordinance until it shall have caused the amended sections to be published at least once, together with a notice of time and place when and where such amended ordinance will be further considered, which publication shall be at least three (3) days prior to the time stated. At the time so advertised or at any time and place to which such meeting shall be adjourned, the amended ordinance shall be read by title and a public hearing thereon shall be held and after such hearing the governing body may finally pass such amended ordinance, or again amend it subject to the same conditions. The second passage of any ordinance pursuant to this Charter shall be final and no further passage shall be required. After such final passage every ordinance shall be posted on the bulletin board in City Hall for two (2) weeks and posted electronically. The ayes and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the record of the proceedings of the City Commission.

(b)

In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the City Commission shall be by ordinance which:

(1)

Adopt or amend an administrative code or establish, alter or abolish any City department, office or agency;

(2)

Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;

(3)

Levy taxes, except as otherwise provided in Article V with respect to the property tax levied by adoption of the budget;

(4)

Grant, renew or extend a franchise;

(5)

Regulate the rate charged for its services by a public utility;

(6)

Authorize the borrowing of money;

(7)

Convey or lease or authorize the conveyance or lease of any lands of the City;

(8)

Adopt, with or without amendment, ordinances proposed under the initiative power; and

(9)

Amend or repeal any ordinance previously adopted, except as otherwise provided in Article VIII with respect to repeal of ordinances reconsidered under the referendum power;

(10)

Emergency meeting—Reference Florida State Statute 166.041(3)(b)[,] 1991 and City of Flagler Beach Code of Ordinances [section] 14-44.

Acts other than those referred to in this section may be executed either by ordinance or by resolution, or as required by State law.

(Ord. No. 99-28, § 1, 8-12-99; Ord. No. 2008-18, § 2, 1-9-09; Ord. No. 2010-17, § 1(Attach. A), 3-18-10)