Ordinance No. 33-24-26 (Question 1)ORDINANCE NO. 33-24-26
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 9 —
POWERS; SUBMITTING THE AMENDMENT TO THE CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE
CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter
Review Committee and from its citizens, finds that the proposed amendment to the City Charter
as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic
Beach for consideration; and
WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter
Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale,
Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer
Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship
of William "Bill" Gulliford; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the
adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach, Florida:
SECTION 1. Proposed Amendment to Charter. The City Commission of the City of
Atlantic Beach, Florida hereby proposes the following amendment to the City Charter:
Article II — The Commission
Sec. 9 — Powers, to include a new provision adding the power as permitted by law
for the Commission to protect and preserve the City's beaches, marshes, maritime
tree canopy and property through environmental stewardship,
all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if
approved by the qualified electors of the City, would replace the former provision of Section 9 of
the City Charter.
SECTION 2. Submission of Charter Amendment to Public Referendum. The
amendment to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach, Florida for approval or disapproval by the qualified electors of the City.
SECTION 3. Appearance of Charter Amendments on Ballot.
a. The ballot title to be used in said election shall be as follows:
Ordinance No. 33-24-26 Page 1 of 4
PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER
ADDING ENVIRONMENTAL STEWARDSHIP TO ITS POWERS
b. The ballot summary shall be as follows:
Shall the Powers set forth in Section 9 of the Atlantic Beach City Charter be
modified to add that the City Commission shall have the authority to, as permitted
by law, protect and preserve the City's beaches, marshes, maritime tree canopy,
and property through environmental stewardship, be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4. Effective Date. The proposed amendment to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed
with the Florida Department of State as required by law. {,
PASSED by the City Commission on first reading, this 2q -day of June, 2024.
PASSED by the City Commission on second and final reading, this i day of July, 2024.
CITY OF ATL TIC BEACH
.r/
Curtis Ford, Mayor
ATTEST:
67.024, /,/i
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jaso
el, City Attorney
Ordinance No. 33-24-26
Page 2 of 4
EXHIBIT A
Proposed Amendment to Section 9 of Article II
of the City Charter
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE II. — THE COMMISSION
Sec. 9. Powers.
Except as may be otherwise provided in this Charter, all powers of the city and the
determination of all matters of policy shall be vested in the city commission. Without limitation
of the foregoing, the city commission shall have power to:
(1)
Adopt a budget;
(2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness;
(3) Establish or abolish official boards and elect the members thereof as recommended by the
mayor;
(4) Adopt and modify the official map of the city;
(5) Regulate and restrict the height, number of stories, and size of buildings and other
structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open
spaces, the density of population, and the location and use of buildings, structures, and land and
water for trade, industry, residence or other purposes;
(6) Provide for an independent audit;
(7) Pass ordinances and laws for the preservation of the public peace and order and impose
penalties for the violation thereof; provided that the maximum penalty to be imposed shall be a
fine of not more than one thousand dollars ($1,000.00) and imprisonment for a period of time not
longer than ninety (90) days, or as otherwise provided for by Florida Statutes;
(8) Lease golf courses, hospitals and airports, or any portion thereof, after the city commission
has passed an ordinance authorizing any such lease;
(9) Sell golf courses and the public utility system, or any portion thereof, now owned by the
city or hereafter acquired by it after the city commission has passed an ordinance that: (a) there is
a finding that public welfare no longer requires the operation of any such facility; and (b) the terms
of sale of real property within the city limits are stated; and (c) after such ordinance has been
submitted to the qualified voters of the city at an election called for that purpose;
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(10) Provide rules and regulations for all purchases and sales made for and in behalf of the city;
(11) Appoint, remove and fix the compensation of all officers and employees appointed by the
city commission as hereinafter provided; the city commission shall perform an annual performance
review of the city clerk, city manager and city attorney;
(12) Exercise any right or authority given or permitted by the Constitution and the laws of the
State of Florida to city commissions not inconsistent with the provisions of this Charter-;.
(13) The mayor pro tempore shall be appointed by the city commission from its members..-; and
(14) Provide for the protection and preservation of parks as follow: Any real property owned by
the city which is used principally or held out for use as a public park, shall be used only as a public
park; and parks shall not be sold, leased long term, gifted, changed in description or use, or
otherwise disposed of; and no structure shall be built in any such park to accommodate activities
not customarily associated with park use or outdoor recreation; unless such sale, lease disposal,
gift or structure is approved by unanimous vote of the entire city commission:; and
(15) Exercise authority permitted by law for the protection and preservation of beaches,
marshes, maritime tree canopy, and property through environmental stewardship.
Words stricken are deletions; words underlined are additions.
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