Resolution No. 24-28 AmendedRESOLUTION NO. 24-28
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ACCEPTING THE FINAL REPORT OF THE CHARTER REVIEW
COMMITTEE AND DIRECTING STAFF TO DRAFT AN ORDINANCE
FOR CITY COMMISSION CONSIDERATION MOVING THE CHARTER
AMENDMENT PROCESS FORWARD; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 23, 2023, the City Commission established the Charter
Review Committee by Resolution No. 23-02 to conduct a comprehensive review of the
City Charter; and
WHEREAS, the Charter Review Committee held public meetings, received public input,
and conducted a thorough review of the City Charter; and
WHEREAS, on April 24, 2024, the Charter Review Committee submitted its Final
Report, which includes proposed amendments to the City Charter, to the City Commission; and
WHEREAS, the City Commission desires to consider the following proposed
amendments to the City Charter for potential adoption:
Primary election. Beginning with the next election after adoption, when more than
two candidates are running for the same elective office, a primary election shall be
held only for the municipal offices that have more than two candidates running for the
same seat. Such primary election date shall be set according to Florida Statutes
Chapters 99.061(2) and 100.061. If a candidate receives a majority of the votes cast
for any office in the primary election, he or she shall be declared elected to said seat
or office and his or her name shall not be placed on the ballot in the general election.
However, if no candidate receives a majority of the votes cast for any office in
the primary election, the two candidates for each seat of the commission, as well as
candidates for mayor, receiving the two highest number of votes for that seat or for
the office of mayor shall have their names placed on the ballot for that office in the
general election. (ARTICLE H. — THE COMMISSION Sec. S. - Number of
Commissioners; selection term)
3-.2. Parkland. Any sale or change in use of City parkland needs both unanimous approval
by the City Commission and a majority vote of residents in a public referendum.
(ARTICLE H. - THE COMMISSION Sec. 9. - Powers)
Resolution No. 24-28 Page 1 of 3
4J Commencement of Commission term. Following certification of election results,
newly elected commission members, including the mayor, shall begin their terms at
the City's first regular commission meeting in December, or if election results have
not been detennined by then, the first regular commission meeting thereafter,,
whichever is later.: (ARTICLE II. - THE COMMISSION Sec. 314. - Induction
of city, Ecommissioners into office:meelingo the city commission.; selee��
PARTICLE IX. -Sec. 40. - Elections: Primary. and Sec. 41. — Election: General.)
3.4. Residency/Electorship Qualification. Commission candidates, including candidates
for mayor, shall be full-time residents of the city and demonstrate voter registration
for four years immediately prior to qualifying. (ARTICLE Il. - Sec. 6 - Qualifications
and disqualifications)
€r. S. Environmental Stewardship. The city commission shall have the power to exercise
authority permitted by law for the protection and preservation of beaches, marshes,
maritime tree canopy, and property through environmental stewardship. (ARTICLE II.
THE COMMISSION. Sec. 9. - Powers)
77-.6. City Clerk — Filing Officer for City Elections. The city clerk shall serve as the
filing officer for city elections; the Duval County Supervisor of Elections shall serve
as supervisor of city elections. (ARTICLE IV. THE CITY CLERK. Sec. 28. -
Appointment; duties)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH.
Section 1. Acceptance of Final Report. The City Commission hereby accepts the Final
Report of the Charter Review Committee, effective May 20, 2024.
Section 2. Direction to Staff. The City Manager, City Attorney and City Clerk are hereby
directed to work collaboratively to draft an ordinance that incorporates the proposed
amendments to the City Charter as outlined in the WHEREAS clause of this resolution.
Section 3. Public Hearing. The City Clerk shall schedule a public hearing for the City
Commission to consider the proposed ordinance amending the City Charter. The public
hearing shall be advertised in accordance with applicable law.
Section 4. Severability. If any provision of this Resolution or its application to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or applications of
this Resolution which can be given effect without the invalid provision or application, and to
this end the provisions of this Resolution are severable.
Resolution No. 24-28 Page 2 of 3
MUM, I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH.
Section 1. Acceptance of Final Report. The City Commission hereby accepts the Final
Report of the Charter Review Committee, effective May 20, 2024.
Section 2. Direction to Staff. The City Manager, City Attorney and City Clerk are hereby
directed to work collaboratively to draft an ordinance that incorporates the proposed
amendments to the City Charter as outlined in the WHEREAS clause of this resolution.
Section 3. Public Hearing. The City Clerk shall schedule a public hearing for the City
Commission to consider the proposed ordinance amending the City Charter. The public
hearing shall be advertised in accordance with applicable law.
Section 4. Severability. If any provision of this Resolution or its application to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or applications of
this Resolution which can be given effect without the invalid provision or application, and to
this end the provisions of this Resolution are severable.
Resolution No. 24-28 Page 2 of 3
Section 5. Effective Date. This Resolution shall take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this 28th day of May 2024.
Curtis Ford, Ma r
Attest:
40w' -
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason riel, ity Attorney
Resolution No. 24-28 Page 3 of 3