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Charter 1993 PART I CHARTER* Art. I. Incorporation; Form of Government; Powers, §§ 1 - 4 Art. II. The Commission, §§ 5-20 Art. III. The City Manager, §§ 21-27 Art. IV. The City Clerk, §§ 28-30 Art. V. The City Attorney, §§ 31, 32 Art. VI. Department of Public Safety, § 33 Art. VII. Budget, § 34 Art. VIII. Department of Finance, § 35 Art. DC. Elections, §§ 36-43 Art. X. Initiative and Referendum, §§ 44-55 Art. XI. Recall Elections, § 56 Art. XII. Franchises, § 57 Art. XIII. Tax Administration, § 58 Art. XIV. Zoning, § 59 Art. XV. Municipal Borrowing, § 60 Art. XVI. Suits Against the City, § 61 Art. XVII. General and Miscellaneous Provisions, §§ 62 - 78 Art. XVIII. When Act Takes Place, §§ 79, 80 A NEW CHARTER FOR THE CITY OF ATLANTIC BEACH, IN DUVAL COUNTY, PROVIDING FOR ITS GOVERNMENT AND PRESCRIBING ITS JURISDICTION, POWERS, PRIVILEGES AND IMMUNITIES, WHICH ABOLISHES THE PRESENT CHARTER OF THE CITY OF ATLANTIC BEACH . ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS Sec. 1 . Present Charter of the City of Atlantic Beach abolished and new Charter established. The present Charter of the City of Atlantic Beach in Duval County, Florida, is hereby abolished; and the new Charter, as hereinafter set forth, is hereby established. (Ord. No . 28-93-3 , § 1 , 8-23-93) *Editor's note—Section 1 of Ordinance No. 28-93-3 , adopted August 23, 1993, adopted a new Charter which amended and repealed all former Charter provisions, and which was approved at an election held on October 5 , 1993 . The former Charter derived from Chapter 57- 1126 of the 1957 Laws of Florida, and was amended by those special acts and ordinances listed in the Charter Comparative Tables on pages 79 and 91 , respectively. Amendments to the Charter as herein set out are indicated by historical citations in parenthesis following each amended section. State law reference—Municipal Home Rule Powers Act, F. S . Ch . 166. Supp. No. 14 1 § 2 ATLANTIC BEACH CODE Sec. 2 . Reaffirmation of the incorporation of City of Atlantic Beach. The establishment of a municipal corporation, known and designated as the City of At- lantic Beach, organized and constituted in the County of Duval and State of Florida, by an act of the Florida Legislature in 1957, is hereby reaffirmed and its territorial boundaries are as follows : Beginning at a point on the beach of the Atlantic Ocean which is the intersection of the low water mark line of said Atlantic Ocean and an easterly prolongation of the southerly boundary line of Kathryn Abby Hanna Park; running thence westerly along the southerly boundary line of said Kathryn Abby Hanna Park to the easterly right-of-way line of Old Sherry Drive (County Road No. 551) ; running thence southerly along said easterly right-of-way line of Old Sherry Drive (County Road No. 551) to the north boundary line of fractional Section 5, Township 2 South, Range 29 East; running thence westerly along the northerly boundary line of said Fractional Section 5 in said Township and Range, to the eastern right-of-way line of Mayport Road (State Road A-I-A); running thence southerly along the easterly right-of-way line of said Mayport Road to the north boundary line of Government Lot 15 of Section 8; running thence easterly along the north boundary line of said Government Lot 15 to the northwest corner of the east one-half of said Government Lot 15 ; running thence southerly along the west boundary line of the east one-half of said Government Lot 15 to the north boundary line of Sections 17 and 18 in said Township and Range; running thence westerly to the northeasterly corner of unsurveyed Section 18, in said Township and Range; running thence southerly along the U.S . Government meander line of the Pablo Creek salt marshes, being also the easterly boundary line of unsurveyed Section 19 in said Township and Range, to the intersection of the last mentioned lines with a line sixteen ( 16) feet northerly of, measured at right angles from and parallel to the centerline of Atlantic Boulevard; running thence easterly along said parallel line and a prolongation of same to the point of intersection. of said prolongation with the low water mark of the Atlantic Ocean; and running thence north- erly along said low water mark of the Atlantic Ocean to the point or place of beginning; excepting from the territory hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used by Selva Marina Country Club as described in deed recorded in Volume 652, page 484, Official Records of Duval County; and jurisdiction of the waters of the Atlantic Ocean two miles from the low water mark between the north and south lines of said city as above described, projected easterly two miles; and police jurisdiction for traffic control purposes over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as hereinbefore described, over said Mayport Road from the city limits as above described, northerly to the northern boundary line of said Fractional Section 5 ; provided, however, that the city council of the City of Jacksonville, Florida, acting in its capacity as the governing body of Duval County, Florida, is hereby authorized to construct and maintain any and all streets, roads, or highways that have at any time heretofore, been adopted as county roads by the board of county commissioners of Duval County, Florida, as it may deem necessary and proper for the benefit of the public. (Laws of Florida Ch. 59- 1054 ; Laws of Florida Ch . 86-461 ; Ord. No. 28-93-3, § 1 , 8-23-93) Supp. No. 14 2 CHARTER § 6 Sec. 3. Form of government. The municipal government provided by this Charter shall be known as "Commission- Manager Government. " Subject only to the limitations imposed by the Constitution and laws of this state and by this Charter, all powers of the city shall be vested in an elective commis- sion, hereinafter referred to as "the city commission. " (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 4. General powers. The city shall have all powers , governmental, corporate and proprietary, in accordance with and including the provisions of F.S. Chapter 166 , enabling it to conduct municipal government, perform municipal functions and render municipal services, and' may exercise any power for municipal purposes; which powers shall be limited only by the Federal Consti- tution, State Constitution, general and special law and any specific limitation in this Charter. The enumeration of particular powers shall not be deemed as necessary as it is intended that the city shall have and exercise all powers which it would be competent for this Charter specifically to enumerate, including all extraterritorial powers and jurisdiction previously granted by Chapter 57- 1126, Laws of Florida as amended, or by any special or general law. The absence of such enumeration shall not be construed as limiting; indeed, it shall be construed liberally in favor of the city. (Ord. No. 28-93-3 , § 1 , 8-23-93) ARTICLE II. THE COMMISSION Sec. 5. Number of commissioners; selection; term. The city commission shall consist of five (5) electors of the City of Atlantic Beach who have the qualifications as defined in section 6, of this Charter, elected at large without regard for any designation of political party affiliation. The seats shall be known as seats 1 through 5 respectively, and seat 1 shall be designated as the mayor-commissioner. The mayor- commissioner shall be elected for two-year terms and the terms for seats 2 through 5 shall each be four years . Effective with the municipal election in October, 1993, anyone elected or ap- pointed to the office of mayor-commissioner shall not serve more than four (4) consecutive two (2) year terms; and anyone elected or appointed to commission seats 2 through 5 shall not serve more than two (2) consecutive four (4) year terms. Serving any part of a term shall be consid- ered a full term. Nothing contained herein shall prevent anyone who has served as a city commissioner from being appointed or elected to the position of mayor-commissioner and then serving in that capacity four (4) consecutive two-year terms . (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 6. Qualifications and disqualifications. Members of the city commission shall have been full-time residents of' the city for at least one year immediately prior to qualifying. They shall be electors in the city. Full-time residency Supp. No. 14 3 § 6 ATLANTIC BEACH CODE shall be defined as the person's principal place of abode during the year. Members of the city commission shall not hold any other elective office. Any member of the city commission ceasing to possess the foregoing qualifications or who shall have been convicted of a crime punishable by more than one ( 1) year of imprisonment or a crime involving moral turpitude, shall forfeit the seat prior to the next meeting of the city commission. Absence from four consecutive regular meetings of the city commission shall operate to vacate the seat of a member, unless the member's absence is excused by the city commission by a resolution setting forth the fact of such excuse duly entered upon the minutes . (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 7. Salary. The salary of the members of the city commission shall be set by ordinance. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 8. Presiding officer: Mayor. The mayor-commissioner shall preside at all meetings of the city commission and shall be recognized as head of the city government for all ceremonial purposes and by the governor for all purposes of military law. When directed to do so by the city commission the mayor- commissioner shall execute all instruments to which the city is a party, unless otherwise provided by the Charter or by ordinance. The mayor-commissioner shall have no regular administrative duties except as authorized in this Charter but may appoint, from time to time, such special or select committees as in his discretion he deems desirable or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. In the temporary absence or disability of the mayor-commissioner, all duties of the mayor- commissioner shall be performed by the mayor pro tempore who shall be appointed by the city commission from its members. (Ord . No . 28-93-3 , § 1 , 8-23-93 ) 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 limita- tion 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 indebt- edness ; (3) Establish 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 maybe occupied, the size of yards, courts, and Supp. No. 14 4 CHARTER § 11 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 impris- onment for a period of time not longer than ninety (90) days; (8) Lease golf courses, hospitals, airports and parks, or any portion thereof, after the city commission has passed an ordinance authorizing any such lease; (9) Sell golf courses, hospitals, airports, parks 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 in which there is a finding that public welfare no longer requires the operation of any such facility and in which are stated the terms of sale and after such ordinance has been submitted to the qualified voters of the city at an election called for that purpose; ( 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; ( 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. (Ord. No. 28-93-3 , § 1 , 8-23-93) Sec. 10. Appointment of city manager. The city commission shall appoint an administrative officer of the city, who shall have the title of city manager, who shall have the powers and perform the duties provided in this Charter and who shall be compensated at a rate set by the city commission. No member of the city commission shall receive such appointment during the term for which the person shall have been elected, nor within two years after the expiration of the person's term. In the event the City Manager is incapacitated and unable to appoint a substitute as required in Sec. [Section] 24 of this Charter, the city commission shall appoint someone to perform the duties of the city manager. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 11 . Appointment of deputy city manager or deputy city clerk. The city manager and city clerk may, if they deem it necessary, appoint a deputy city manager and deputy city clerk, respectively, who shall be compensated at a rate set by the city commission. (Ord. No . 28-93-3 , § 1 , 8-23-93) Supp. No. 14 5 § 12 ATLANTIC BEACH CODE Sec. 12 . Vacancies in the city commission. If any vacancy occurs in the city commission, the city commission shall elect, within fifteen ( 15) days of the vacancy, by the affirmative votes of not less than three members, an eligible person as defined in Sec. [Section] 6 of this article to fill the vacancy until the next general election. (Ord. No . 28-93-3, § 1 , 8-23-93) Sec. 13. Creation of new departments or offices; change of duties. The city commission, by ordinance, may create, change or abolish offices, departments, authorities or agencies. The city commission may, by ordinance, assign additional functions or duties to the offices, departments or agencies established by this Charter, but may not dis- continue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. (Ord. No . 28-93-3, § 1 , 8-23-93) Sec. 14. Induction of city commission into office; meetings of the city commission. After each general election, the newly elected city commission members shall assume the duties of office at a meeting of the city commission held at 8 : 00 p.m. the first Tuesday in November. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government-in-the-Sunshine Law (F.S . 286. 011), all meetings of the city commission shall be open to the public. (Ord. No . 28-93-3, § 1 , 8-23-93) Sec. 15. City commission to be judge of qualifications of its members. The city commission shall be the judge of the election and the qualifications of its mem- bers as set forth in Section 6 of this Charter. For these purposes, the city commission shall have the power to subpoena such witnesses and require the production and presentation of such records as may be deemed necessary. (Ord. No. 28-93-3, § 1 , 8-23-93) Sec. 16. Rules of procedure; journal of minutes. The City Commission shall determine its own rules and order of business. It shall require a journal or minutes of its proceedings to be kept and the journal or minutes shall be open to public inspection. (Ord. No . 28-93-3, § 1 ,. 8-23-93) Sec. 17. Ordinances. In addition to such acts of the city commission as are required by statute or by this Charter to be by ordinance, every act of the City Commission establishing a fine or other penalty, a fee for service, appropriation of funds, the contracting of indebtedness, or the sale of real property Supp. No. 14 6 CHARTER § 22 shall be by ordinance. The enacting clause of all ordinances shall be: "BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA. " (Ord. No . 28-93-3 , § 1, 8-23-93) Sec. 18. Procedure for passage of ordinances and resolutions. The minimum procedures for adoption of ordinances and resolutions as set forth in F.S. Section 166.041 shall in its entirety constitute the process for such by the Atlantic Beach City Commission. (Ord. No . 28-93-3, § 1 , 8-23-93) Sec. 19. Independent annual audit. At the beginning of each fiscal year the city commission shall designate a certified public accountant or a firm of certified public accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit a written report to the city commission and to the city manager. Such accountants shall have no personal interests, direct or indirect, in the fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of city business, but within specifications approved by the city commission, shall post-audit the books and documents kept by the finance director and any separate or subordinate accounts kept by any other office, department or agency of the city government. (Ord. No . 28-93-3, § 1, 8-23-93) Sec. 20. Right of city manager and other officers in city commission. The city manager, and any such other officers of the city as may be designated by vote of the city commission, shall be required to attend city commission meetings. The city manager shall have the right to take part in the discussion of all matters coming before the city commission, and the other officers shall be entitled to take part in all discussions of the city commission relating to their respective offices, departments, boards, commissions, or agencies. (Ord. No . 28-93-3, § 1 , 8-23-93) ARTICLE III. THE CITY MANAGER Sec. 21 . Appointment. The city manager shall be appointed in accordance with the provisions of Section 10 of this Charter and shall be compensated at a rate set by the city commission. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 22. Qualifications. The city manager shall be chosen by the city commission solely on the basis of adminis- trative qualifications and with special reference to education and experience in and knowledge Supp. No. 14 7 § 22 ATLANTIC BEACH CODE of accepted practice with respect to the duties of this office as set forth hereinafter and in the city code. Applicants for the position of city manager shall meet the following educational and experience requirements : ( 1) Possession of at least a baccalaureate degree in Public Administration or a directly related field from a college or university accredited by a recognized accreditation agency in the United States or from a recognized college or university outside of the United States, which is acceptable to the city commission; and (2) Not less than three years of administrative experience as a city or county government chief administrative or executive officer or as an assistant or deputy city manager. (3) A graduate degree acceptable to the city commission may be substituted for not more than one year of the required experience. (4) Two years of additional experience acceptable to the city commission may be substi- tuted for each year of education towards a baccalaureate degree, up to a maximum of eight years. At the time of appointment, the new city manager need not be a resident of the city or state, but during the tenure of office shall reside within the city of Atlantic Beach. (Ord. No. 28-93-3 , § 1 , 8-23-93) Sec. 23. Powers and duties. The city manager shall be the chief administrative officer and as such, head the admin- istrative branch of the city government. The powers and duties of the city manager shall include but not be limited to: ( 1) Establish and maintain a line of communication with the city clerk; and (2) Administering and enforcing all enactments of the city commission; and (3) Preparing and forwarding agenda materials to the city clerk for every commission meeting; and (4) Preparing the budget annually and submitting it to the city commission, and being responsible for its administration after adoption; and (5) Preparing and submitting to the city commission at the end of each fiscal year, a complete report on the finances and administrative activities of the city for the year just completed. (Ord. No. 28-93-3 , § 1 , 8-23-93) Sec. 24. Absence of the city manager. The duties of the city manager during any temporary absence or disability shall be carried out by a deputy city manager, or in the absence of the latter, by another administrative officer of the city designated by the city manager or the deputy city manager. (Ord. No. 28-93-3 , § 1 , 8-23-93) Supp. No. 14 8 CHARTER § 28 Sec. 25. Removal of the city manager. The city manager shall serve at the pleasure of the city commission. The city commission may remove the city manager by the affirmative vote of not less than three (3) of its members. (Ord. No . 28-93-3, § 1, 8-23-93) Sec. 26. City departments. Administrative departments as established by ordinance shall report to and serve under the city manager. (Ord . No . 28-93-3 , § 1 , 8-23-93) Sec. 27. Governance of departments. The city manager may head one or more administrative department or select and employ persons qualified in accordance with city personnel practices to supervise, direct and control such departments. (Ord . No . 28-93-3 , § 1 , 8-23-93) ARTICLE W. THE CITY CLERK Sec. 28 . Appointment; duties. The city commission shall appoint an executive officer to serve the city commission and to assure that all its enactments are effectively carried out. The title of the executive officer shall be " city clerk" and as such, shall be under the direction of and compensated at a rate set by the city commission. The duties of the city clerk shall be to : ( 1 ) Establish and maintain a line of communication with the city manager; and (2) Prepare an agenda for every commission meeting and a permanent record of each such meeting; and (3) Disseminate information as necessary about activities, findings, or decisions of the city commission; and (4) Provide the city commission with periodic reports as requested about the effectiveness and efficiency of the legislative programs of the city government; and (5) Serve as supervisor of election for city elections ; and (6) Serve as custodian of all city records and the seal of the city; and (7) Administer oaths ; and (8) Conduct such other activities as may be specified by this Charter, the city code or the city commission. (Ord. No . 28-93-3 , § 1 , 8-23-93) Supp. No. 14 9 § 29 ATLANTIC BEACH CODE Sec. 29. Qualifications. The city clerk shall be chosen by the city commission solely on the basis of education and experience necessary to carry out the responsibilities of executive officer to the city commis- sion. Applicants for the position of city clerk shall meet the following educational and experi- ence requirements : ( 1) At least a baccalaureate in Business Administration or a related field acceptable to the city commission from a college or university accredited by a recognized accredi- tation agency in the United States or from a recognized college or university outside of the United States which is acceptable to the city commission; and (2) Two years of experience in public administration satisfactory to the city commission. (3) In lieu of the required baccalaureate degree, the city commission may in its discre- tion, accept four additional years of acceptable experience in public administration or a related field of public or private service. (Ord. No. 28-93-3, § 1 , 8-23-93) Sec. 30. Removal of the city clerk. The city clerk shall serve at the pleasure of the city commission. The city commission may remove the city clerk by the affirmative vote of not less than three (3) of its members. (Ord. No. 28-93-3 , § 1 , 8-23-93) ARTICLE V. CITY ATTORNEY Sec. 31 . Appointment and qualifications. The city commission shall appoint a city attorney who shall be an attorney with at least five years of experience in the practice of general, civil or municipal law, admitted in and having authority to practice in all courts of this state, and who shall be compensated at a rate set by the city commission. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 32. Powers and duties. The duties of the city attorney shall include: ( 1) Acting as the legal advisor to, and attorney and counselor for, the city and its officers in matters relating to their official duties; and (2) Preparing in writing, all contracts, bonds and other instruments in which the city is concerned and giving an endorsement of approval as to form and correctness ; and (3) Prosecuting and defending for and on behalf of the city, all civil complaints, suits and controversies in which the city is a party; and Supp. No. 14 10 CHARTER § 35 (4) Furnishing opinions on questions of law relating to the powers and duties of city officers ; and (5) Performing such other duties as may be required by ordinance or resolution of the city commission. (Ord . No . 28-93-3 , § 1 , 8-23-93) ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY Sec. 33. Appointments and responsibilities. The appointment, duties, functions and other responsibilities of the director of public safety, police department, police chief, fire department, fire chief and their respective staff members are found in the city code Chapter 2, Divisions 2 and 3 . (Ord. No . 28-93-3, § 1 , 8-23-93) ARTICLE VII. BUDGET Sec. 34. Preparation and adoption. Each department head shall be responsible for presenting a budget request to the city manager by a date established by the city manager or his designee. The director of finance shall provide the city manager with a preliminary estimate of revenues and beginning fund balances for the upcoming fiscal year. Upon receipt of all budget requests, estimated revenues and fund balances, the city man- ager shall make any modifications which are determined to be reasonable and justifiable and thereafter present the budget to the city commission. The city commission shall review the budget as submitted by the city manager and make such revisions as deemed necessary. A public hearing will be set to approve the tentative budget and millage rates . A public hearing will be set for final passage of the budget and millage rates . Upon final adoption, the budget shall be in effect for the next fiscal year. A copy of the budget, as adopted, shall be filed with the city clerk. The city shall abide by the requirements established by the Truth in Millage (TRIM) Act. (Ord. No . 28-93-3 , § 1 , 8-23-93) ARTICLE VIII. DEPARTMENT OF FINANCE Sec. 35 . Director of finance. The director of finance shall be the head of the department of finance and shall be ap- pointed and removed by the city manager. The qualifications, powers and duties of the director of finance are defined in the Code of Ordinances . (Ord . No . 28-93-3 , § 1 , 8-23-93) Supp. No. 14 11 § 36 ATLANTIC BEACH CODE ARTICLE DC. ELECTIONS Sec. 36. Elections. The city commission shall, by ordinance, make all regulations which it considers neces- sary, not inconsistent with this Charter or state law, for the conduct of municipal elections and for the prevention of fraud therein. Inspectors and clerks of elections shall be appointed by the city commission. (Ord. No . 28-93-3, § 1 , 8-23-93) Sec. 37. Nonpartisan elections. All elections for the office of commissioner and mayor-commissioner shall be conducted on a nonpartisan basis without any designation of political party affiliation. (Ord. No. 28-93-3, § 1 , 8-23-93) Sec. 38. Electors; registration. Any person who is qualified to register to vote and is a resident of Atlantic Beach who has qualified as an elector of this state, and who registers in the manner prescribed by F. S. Chapter 98 and ordinances of Atlantic Beach, shall be a qualified elector of the municipality. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 39. Nominations. Any elector of the city having the additional qualifications and limitations as set forth in Article II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only by petition. A petition for this purpose shall be signed by not less than ten ( 10) qualified electors of the city. The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating the number of signers of such paper and that each signature ap- pended thereto was made in the presence of the circulator and is the genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall provide his/her place of residence, including the street and number. The form of the nomination petition shall be substantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate whose residence is for the office of Commissioner, Seat No . to be voted for at the election to be held on the day of _ A.D. , and we individually certify that our names appear on the rolls of registered voters , and that we are qualified to vote for a candidate for the city commission . Name, street, and number address from which last date of registered (if different) signing. (Spaces for signatures and required date) Supp. No. 14 12 CHARTER § 40 STATEMENT OF CIRCULATOR The undersigned is the circulator of the foregoing paper containing _ signatures . Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. SIGNATURE OF CIRCULATOR ADDRESS : " Any signature made earlier than the fifteenth of August next preceding the election shall be void . All nominating papers comprising a petition shall be filed as one instrument with the city clerk, not earlier than 12 : 00 noon on the second Tuesday of September, nor later than 12 : 00 noon on the third Tuesday of September, before the election. The city clerk shall make a record of the exact time at which each petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the following form : "ACCEPTANCE OF NOMINATION I hereby accept the nomination for Seat No . on the city commission and agree to serve if elected. SIGNATURE OF CANDIDATE Within two days after the filing of a nominating petition the city clerk shall notify the candidate and the person who filed the petition, whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the city commission shall be preserved by the city clerk until the expiration of the term of office for which the candidate has been nominated. (Ord . No . 28-93-3 , § 1 , 8-23-93) Sec. 40 . Elections: Primary. A primary election for the nomination of candidates for the office of city commissioner of the city shall be held every two (2) years on the first Tuesday in October for each seat on the city commission which shall become vacant at eight o' clock p. m. on the first Tuesday in November of the same year . The two candidates for each seat to be filled receiving the greatest number of votes in said primary shall be certified as candidates or nominees at the general election, provided, however, that should any candidate receive at such primary election a majority of all votes cast, he shall be declared regularly elected and shall not be required to enter the general election as hereinafter provided. However, should only one candidate be Supp. No. 14 13 § 40 ATLANTIC BEACH CODE nominated for a particular seat, an election for that seat will not be required and the unop- posed candidate shall be declared elected to the office of city commissioner. (Ord. No. 28-93-3 , § 1 , 8-23-93) Sec. 41 . Elections: General. A regular or general election of candidates or nominees to the . office of city commissioner shall be held every two years on the third Tuesday in October, unless all vacancies have been determined by the primary election in accordance with Section 40 of this Charter. The can- didate or nominee receiving the majority of votes for each seat at such general election shall be declared elected. In the event of a tie between two candidates in the general election the candidates shall draw lots in accordance with F.S. 100. 181 to determine the winner. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 42. Elections: Absentee voting. Except as herein specifically provided all elections and absentee voting in the city shall be conducted in accordance with the provisions of F.S. Chapter 101 . (Ord. No . 28-93-3, § 1 , 8-23-93) Sec. 43. Elections: Canvass of returns. The polls shall open at seven o'clock a.m. and shall close at seven o'clock p. m. or as otherwise provided by Florida Statutes. The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the clerk and a majority of the inspectors of the election . One copy shall be delivered by the election clerk to the mayor-commissioner and the other to the city clerk, both of whom shall transmit such returns to the city commission at its regular meeting immediately thereafter. At such meeting, the city commission shall canvass the returns and the result as shown by such returns shall be declared by the city commission to be the result of the election. The city clerk shall, not later than noon of the second day after the canvass of said election, furnish a certificate of election to each person shown to have been elected. (Ord . No . 28-93-3 , § 1 , 8-23-93) ARTICLE X. INITIATIVE AND REFERENDUM Sec. 44. Power of initiative. The electors shall have the power to propose any ordinance, except an ordinance appro- priating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the city commission by a petition signed by registered electors of the city equal in number to at least twenty-five per centum (25%) of the registered electors at the last regular municipal election . (Ord. No. 28-93-3 , § 1 , 8-23-93) Supp. No. 14 14 CHARTER § 47 Sec. 45. Power of referendum. Under the power known as the referendum the electors shall have power to approve or reject at the polls any ordinance passed by the city commission, or submitted by the city commission to a vote of the electors, except as provided in F.S . 166 Part II for bond ordinances . Ordinances submitted to the city commission by initiative petition and passed by the city commission without change shall be subject to the referendum. Within twenty days after the enactment by the city commission of any ordinance which is subject to a referendum, a petition signed by registered electors of the city equal to at least twenty-five per centum (25%) of the registered electors at the last preceding regular municipal election may be filed with the city clerk requesting any such ordinance be either repealed or submitted to a vote of the electors. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 46. Form of petitions; committee of petitioners. All petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style, and shall contain the full text of the proposed ordinance. The signatures to the initiative or referendum petitions need not all be appended to one paper. Signatures on such petitions shall be in ink and shall be followed by the petitioner's place of residence by street and number. There shall appear on each petition the names and addresses of five electors who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be a notarized affidavit signed by the circulator of the petition stating the number of signatures, that all signatures appended thereto were made in the presence of the circulator, and that the circulator believes them to be the genuine signatures of the persons whose names appear on the petition. (Ord . No . 28-93-3 , § 1 , 8-23-93) Sec. 47. Filing, examination and certification of petitions. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within twenty days after a petition is filed, the city clerk shall determine whether each page of the petition has a proper statement of the circu- lator and whether the petition is signed by a sufficient number of qualified electors. The city clerk shall declare any petition paper invalid which does not have attached thereto an affidavit signed by the circulator on each page. If a petition paper is found to be signed by more persons than the numbers of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing the examination of the petition, the city clerk shall certify the result to the city commission at its next regular meeting. If the city clerk certifies the petition is insufficient, a certificate listing the defective items shall be prepared and provided to the committee of petitioners. (Ord . No . 28-93-3 , § 1 , 8-23-93) Supp. No. 14 15 § 48 ATLANTIC BEACH CODE Sec. 48. Amendment of petitions. An initiative or referendum petition may be amended within ten ( 10) days after the certificate of insufficiency has been sent by the city clerk. An amended petition may be filed as provided by Section 46 . The city clerk shall, within five (5) days, examine the amended petition and if the petition is still insufficient, shall file a certificate to that effect and notify the committee of the petitioners of such findings. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition. (Ord. No. 28-93-3, § 1 , 8-23-93) Sec. 49. Effect of certification of referendum petition. When a referendum petition, or an amended petition, as defined in Section 46 has been certified as sufficient, the ordinance specified in the petition shall not go into effect until and unless approved by the qualified registered electors. (Ord. No. 28-93-3 , § 1 , 8-23-93) Sec. 50. Consideration by city commission. Whenever the city commission receives a certified initiative or referendum petition from the city clerk, it shall proceed forthwith to consider such petition. A proposed initiative ordi- nance shall be read and a public hearing shall be held upon the proposed ordinance . The city commission shall take final action on the ordinance not later than sixty (60) days after the date on which such ordinance was submitted to the city commission. If such ordinance is referred for reconsideration by the city commission, it shall be brought forth for its final vote upon such reconsideration and the question shall be, "Shall the ordinance specified in the referendum be repealed?" (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 51 . Submission to electors. If the city commission shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth, or if the city commission fails to repeal an ordinance referred for reconsideration, the proposed or referred ordinance shall be submitted to the electors not less than thirty (30) days nor more than one year from the date the city commission takes its final vote. If no regular election is to be held within the specified time frame, the city commission may provide for a special election. (Ord. No . 28-93-3, § 1 , 8-23-93) Sec. 52. Form of ballot for initiated and referred ordinances. Ordinances submitted to a vote of the electors in accordance with the initiative and referendum provision of this Charter shall be submitted by ballot title prepared by the city attorney or other legal advisor of the city. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the subject of such ordinance. The ballot used in voting Supp. No. 14 16 CHARTER § 57 upon any ordinance shall have below the ballot title the following propositions, one above the other, in order indicated: "FOR THE ORDINANCE " and "AGAINST THE ORDINANCE . " (Ord. No . 28-93-3, § 1 , 8-23-93) Sec. 53. Availability of list of qualified electors. Lists of qualified electors or registers may be purchased from the Supervisor of Elections for Duval County in accordance with the provisions of F. S. 98. 211 . (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 54. Results of election. If a majority of the electors shall vote in favor of a proposed initiative or referred ordinance it shall become an ordinance of the city. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of the affirmative votes shall prevail . (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 55. Repealing ordinances. Initiated and referred ordinances may be amended or repealed only by a four-fifths affir- mative vote of the full city commission following a public hearing. (Ord. No . 28-93-3, § 1 , 8-23-93) ARTICLE XL RECALL ELECTIONS Sec. 56. Procedures. Recall elections shall follow those procedures prescribed by F.S. 100.361 . (Ord . No . 28-93-3, § 1 , 8-23-93) ARTICLE XII. FRANCHISES Sec. 57. Granting of franchises. The city shall have power to grant a franchise to any private or public enterprise for the use of streets and other public places in the furnishing of any public service or utility service to the city and its inhabitants. All franchises and any renewals, extensions and amendments thereto shall be granted only by ordinance, and under such limitations as may be provided by the laws of the State of Florida. If the proposed franchise is for fifteen years or more, the ordinance approving said franchise shall not be effective unless it is approved at a referendum in the same manner provided in F . S . 166 for the approval of issuance of bonds . (Ord . No . 28-93-3 , § 1 , 8-23-93) Supp. No. 14 17 § 58 ATLANTIC BEACH CODE ARTICLE XIII. TAX ADMINISTRATION Sec. 58. Tax administration. Tax administration shall be in accordance with Florida Statutes or as otherwise provided for in the Code of Ordinances. Note: Currently F.S. 193 . 116, F.S. 205 , and Code of Ordinances Chapter 20 . (Ord. No . 28-93-3 , § 1 , 8-23-93) ARTICLE XIV. ZONING Sec. 59 . Zoning. Zoning regulations shall be in accordance with Florida Statutes or as otherwise provided for in the Code of Ordinances. Note: Currently F. S. 163, F.S. 166, and Code of Ordinances Chapters 14 and 20 . (Ord. No. 28-93-3 , § 1 , 8-23-93) ARTICLE XV. MUNICIPAL BORROWING Sec. 60. Authority to borrow. The city may borrow money, contract loans and issue bonds as provided by F.S . 166 Part II from time to time to finance the undertaking of any capital or other project for the purposes permitted by the State Constitution, and may pledge funds, credit, property, and tax revenues for the payment of such debts and bonds. (Ord. No . 28-93-3 , § 1 , 8-23-93) ARTICLE XVI. SUITS AGAINST THE CITY Sec. 61 . Suits. No suit shall be brought against the city for damages arising out of an alleged tortious act, unless all provisions of state law have been met. Upon receiving notice of any suit, the city manager shall diligently investigate the matter and file a written report with the city clerk to be presented to the city commission at its next meeting. The city clerk shall determine if a special meeting should be scheduled to deal with an emergency situation. Upon receipt of a written claim for damages by an injured party the city commission may, by ordinance, make a settlement of the claim. (Ord. No . 28-93-3, § 1 , 8-23-93) Supp. No. 14 18 CHARTER § 66 ARTICLE XVII. GENERAL AND MISCELLANEOUS PROVISIONS Sec. 62. Removal of officers and employees. Any officer or employee appointed by the city manager or head of any office, department or agency may be removed by the city manager at any time pursuant to city ordinances. (Ord . No . 28-93-3 , § 1 , 8-23-93) Sec. 63 . Removal of members of boards, commissions, or agencies. Except as provided in this Charter, an agent, a member of any board, committee, task force, commission or agency of the city who has been appointed by the city commission, may be removed by the city commission in the same mariner as provided for the removal of the city manager in Section 25 of this Charter. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 64. Investigations. The city commission, or any committee thereof, the city manager or any advisory board appointed by the city commission for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the state to administer oaths. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute a violation of the municipal ordinance and shall be punishable by a fine not to exceed five hundred dollars ($500 . 00) or by imprisonment not to exceed sixty days, or both . Enforcement of any violation of this municipal ordinance shall be by the State Attorney's office. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 65. Publicity of records. To the extent required by F. S. Chapter 119, records and accounts of every office, depart- ment or agency of the city shall be public records and open to inspection under reasonable regulations established by the city commission in accordance with the Public Records Act. (Ord. No . 28-93-3, § 1 , 8-23-93) Sec. 66. Personal interest. No member of the city commission, any officer of the city or department head shall have a financial interest, direct or indirect, in any contract or in the sale to the city or to a contractor supplying the city of any land or rights or interests in any land, material, supplies or services . Supp. No. 14 19 § 66 ATLANTIC BEACH CODE Any wilful violation of this section shall constitute malfeasance in office, and shall be grounds for removal or termination. Any contract entered into in violation of this section shall be voidable by the city manager or the city commission. (Ord. No . 28-93-3, § 1 , 8-23-93) State law reference— Code of ethics and public officers and employees, F. S . 112, Part III . Sec. 67. Official bonds. The city commission shall determine whether or not each officer, clerk, or employee shall give bond, and the amount thereof, but all officers, clerks and employees handling any funds or property of the city shall be required to give bond to the city, which bonds shall be procured from a regularly accredited surety company, authorized to do business under the Laws of Florida, the premiums on such bonds to be paid by the city. All such bonds shall be filed in the office of the city clerk. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 68. Oath of office. Every officer and employee of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk: "I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of " (Ord. No. 28-93-3, § 1 , 8-23-93) State law reference— Oaths required of persons on payroll, F.S. 876 . 05 . Sec. 69. Effect of this Charter on existing law. All laws, ordinances and resolutions relating to or affecting the city in force when this Charter takes effect are hereby repealed and superseded to the extent that such are inconsis- tent with the provisions of this Charter. (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 70. Rights of officers and employees preserved. Nothing contained in this Charter, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the City of Atlantic Beach or of any office, department, board, commission, or agency existing at the time when this Charter shall take effect. (Ord. No . 28-93-3 , § 1 , 8-23-93 ) Supp. No. 14 20 CHARTER § 75 Sec. 71 . Continuance of present officers. All commissions, administrative and executive officers, agents, department heads, board and committee members and their powers, duties and obligations at the time this Charter takes effect shall continue in effect until provisions have been made in accordance herewith for the performance of such duties or the discontinuance of such office, powers or obligations . (Ord. No. 28-93-3 , § 1 , 8-23-93) Sec. 72. Continuity of offices, boards, commissions or agencies. Any office, department, board, commission or agency provided for in this Charter with powers and duties the same or substantially the same as those which previously existed shall be deemed to be a continuation of such office, department, board, commission, agent or agency with the power to continue its duties and obligations . (Ord. No. 28-93-3 , § 1, 8-23-93) Sec. 73. Transfer of records and property. All records, property and equipment whatsoever of any office, department, board, com- mission, agency, or agent, all the powers and duties of which are assigned to any other office, department, board, commission, or agency by this Charter, shall be transferred and delivered to the office, department, board, commission, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, board, commission, or agency are by this Charter assigned to any other office, department, board, commission, or agency, all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department, board, commission or agency to which such powers and duties are so assigned. (Ord. No. 28-93-3 , § 1 , 8-23-93) Sec. 74. Title to property reserved. The title, rights, and ownership of property, uncollected taxes, dues, claims, judgments, decrees and choses in action, held or owned by the City of Atlantic Beach shall continue to be vested in the corporation under this Charter. (Ord. No. 28-93-3 , § 1 , 8-23-93) Sec. 75. Continuance of contracts and public improvements. All contracts entered into by the City of Atlantic Beach, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements, for which legislative steps have been taken under laws or Charter provisions existing at the time this Charter takes effect, shall be carried to completion in accordance with the provisions of such existing laws and Charter provisions. (Ord. No . 28-93-3 , § 1 , 8-23-93) Supp. No. 14 21 § 76 ATLANTIC BEACH CODE Sec. 76. Pending actions and proceedings. No action or proceeding, civil or criminal, pending at the time when this Charter takes effect, brought by or against the City of Atlantic Beach, or any office, department, board, agents, commission, or agency or officer thereof, shall be affected or abated by the adoption of this Charter or by anything therein contained. (Ord. No. 28-93-3 , § 1, 8-23-93) Sec. 77. Short title. This Charter shall be known as the "Atlantic Beach Charter. " (Ord. No . 28-93-3 , § 1, 8-23-93) Sec. 78. Separability clause. If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter or the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. (Ord . No . 28-93-3 , § 1 , 8-23-93) ARTICLE XVIII. WHEN ACT TAKES EFFECT Sec. 79. Effective date of Act. This Act shall go into effect subject to the referendum and in accordance with state law under F.S . 166 .031 . (Ord. No . 28-93-3 , § 1 , 8-23-93) Sec. 80. Effect of changes in state law. In the event of changes in state law which are in conflict with any provisions of this Charter, state law shall prevail. (Ord. No. 28-93-3 , § 1 , 8-23-93) (The next page is 79] Supp. No. 14 22