7-20-15 Town Hall Meeting Agenda Packet (2)
CITY OF ATLANTIC BEACH
TOWN HALL MEETING
JORDAN COMMUNITY CENTER- JORDAN PARK
1671 FRANCIS AVENUE
JULY 20, 2015 – 6:30 TO 8:00 PM
AGENDA
Call to Order at 6:30 p.m.
1. Discussion on Proposed Charter Amendments.
2. Discussion on other topics, if time allows.
Adjourn at 8:00 p.m.
ORDINANCE NO. 33-15-19
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, PROPOSING A NEW CHARTER WHICH
AMENDS AND REPEALS ALL FORMER CHARTER
PROVISIONS, INCLUDING THE FORM OF
GOVERNMENT, POWERS, THE COMMISSION, THE
CITY MANAGER, THE CITY CLERK, THE CITY
ATTORNEY, PUBLIC SAFETY, BUDGET, FINANCE,
ELECTIONS, INITIATIVE AND REFERENDUM, RECALL
ELECTIONS, FRANCIDSES, TAX ADMINISTRATION,
ZONING, MUNICIPAL BORROWING, SUITS AGAINST
THE CITY, GENERAL AND MISCELLANEOUS
PROVISIONS, WHEN ACT TAKES EFFECT AND
PERIODIC REVIEW; SUBMITTING THE NEW CHARTER
FOR CONSIDERATION BY THE ELECTORS OF THE
CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING
THE APPEARANCE OF THE CHARTER AMENDMENT
ON THE BALLOT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from its citizens
and the Charter Review Committee, finds the proposed amended 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: Don Wolfson, Mark Tomaski, Mike Bomo, Katherine
Carithers, Joan Carver, Sally Clemens, Thomas Goodrich, Judith Leroux and David Vincent; 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. Charter Proposed. The City Commission of the City of Atlantic Beach,
Florida hereby proposes a new and amended City Charter as set forth in Exhibit "A", attached
hereto and incorporated herein by reference, which if approved by the qualified electors of the
City, would repeal and replace all former Cbarter provisions.
SECTION 2. Submission of Charter Amendment to Public Referendum . This new and
amended Charter of the City of Atlantic Beach, Florida as set forth in the attached Exhibit "A"
sha ll be submitted to public referendum at the next general election held in the City of Atlantic
Beach, F lorida for approva l or disapproval by the qualified electors of the City.
SECTION 3. Appearance of Charter Amendment on Ballot. The ballot title to be used
m said election shall be as follows : "A PROPOSED CHARTER FOR THE CITY OF
ATLANTlC BEACH, FLORIDA." The explanatory statement shall be as fo ll ows: "Based upon
the t•ecommendations of the Atl antic Beach Charter Review Committee and the C ity
Commission, a new and amended Charter is being proposed for the City." Be low the
explanatory statement shall appear the fol lowing question :
Shall the above described new and amended Charter be adopted?
YES __ _ NO __
SECTION 4. Effective Date . Th is new and amended Cha rter 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 fust reading this 27 day of April, 20 15 .
PASSED with a quor um present and voting, by the City Commission this // 1-J,. day of
-.f-jli}_:..J<:!(/d~'J=_Pf----'' 20 15. ~ {/
ATTEST: ~ d~ tW/t")tJ..1C&
DONNA L. BARTLE,
City Clerk
Ordinance No. 33 -15 -19
Mayor, Pres iding Officer
Page 2 of2
EXI-IIIJIT A
PART I CHARTER
A NEW CHARTER FOR THE CITY OF ATLANTIC BEACH , IN DUVAL COUNTY,
PROVIDING FOR ITS GOVERNMENT AND PRESCRIBING ITS JURISDICTION,
POWERS , PRIV ILEGES AND IMMUN IT IES, WHICH ABOLISHES THE PRESENT
CHARTER OF THE CITY OF ATLANTIC BEACH.
ART ICLE I.-INCORPORATION; FORM OF GOVERNMENT; POWERS
ART ICLE II . -THE COMMISS ION
ART ICLE Ill. -THE CITY MANAGER
ARTICLE IV.-THE CITY CLERK
ARTICLE V. -CITY A TIORNEY
ARTICLE VI.-DEPARTMENT OF PUBLIC SAFETY
ARTICLE VII. -BUDGET
ARTICLE V II I.-DEPARTMENT OF FINANCE
ARTIC LE IX.-ELECTIONS
ARTICLE X .-INIT IATIVE AND REFERENDUM
ARTICLE X I. -RECALL ELECTIONS
ARTICLE X II.-FRANCH ISES
ART ICLE XIII.-TAX ADMIN ISTRATION
ART ICLE XIV.-ZO NING
ARTICLE XV.-MUN ICIPA L BORROWING
ARTICLE XV I.-SUITS AGAINST TH E CITY
ARTICLE XV II .-GENERAL AND MISCELLANEO US PROVISIONS
j ARTICLE XVII I.-WHEN ACT TAKES EF FECT AND PER IODIC REVIEW
Words stricl<en are d ele tions; words underlined ar e ad ditions.
Pa ge 1 of 23
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS
Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter
established.
Sec. 2. Reaffirmation of tl1e incorporation of City of Atlantic Beach.
Sec. 3. Form of government.
Sec. 4. Genera l powers.
EXHIBIT A
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
abo li shed; and the new Charter, as hereinafter set forth, is hereby estab lish ed .
Sec. 2 . Reaffirmation of the incorporation of City of Atlantic Beach.
The establishment of a municipal corporation, known and designated as the City of
Atlantic Beach, organized and constituted in the County of Duval and State of Florida,
by an act of the Florida Legislature i n 1957 , is hereby reaffirmed and its territorial
boundaries are as follows :
Beg innin g at a point on th e beach of the Atlantic Ocean which is the inte rsection
of the low water mark line of said Atlantic Ocean and an easterly prolongation of the
so utherly boundary lin e of Kathryn Abby Hanna Park; running thence westerly along
the southerly boundary line of said Kathryn Abby Hanna Park to th e easterly right-
of-way line of Old Sherry Drive (County Road No. 551 ); running th ence 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 sa id Township and Range, to the eastern right-of-way line of Mayport Road
(State Road A-1-A); running thence southerly along th e easterly right-of-way line of
said Mayport Road to the north boundary line of Government Lot 15 of Section 8;
running thence easterly a long the north boundary line of said Government Lot 15 to
th e 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 sa id Township and Range ;
running thence westerly along said north boundary line and the north boundary line
of Section 40 to a point at the center li ne of the Intracoasta l Waterway; running
the nce southerly along said centerline of the Intracoastal Waterway to the
intersection of said center lin e with a line sixteen (16) fe et northerly of, measured at
rig ht ang les from and parallel to the centerline of Atlantic Boulevard; running thence
easterly along said para lle l line and a prolongation of sa me to the point of
intersection of said prolo ngation with the low wate r mark of the Atlantic Ocean; and
running thence northerly along said low water mark of the Atlantic Ocean to the
point or place of begi nning ; exce pting from the te rritory hereinabove described that
part thereof lying in said Sections 8 and 9 occupied and used by Setva
MafinaAt la nti c Beach 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 mil es; and police jurisdiction
Words str icl~ are deletions; words underlined are additions.
Page 2 of 23
EXHIBIT A
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.
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 commission, hereinafter referred to as "the city commission."
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 Constitution, 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.
ARTICLE II. THE COMMISSION
Sec. 5. Number of commissioners; selection; term.
Sec. 6. Qualifications and disqualifications.
Sec. 7. Salary.
Sec. 8. Presiding officer: Mayor.
Sec. 9. Powers.
Sec. 10. Appointment of city manager.
Sec. 11. Appointment of deputy city manager or deputy city clerk.
Sec. 12. Vacancies in the city commission.
Sec. 13. Creation of new departments or offices; change of duties.
Sec. 14. Induction of city commission into office; meetings of the city commission.
Sec. 15. City commission to be judge of qualifications of its members.
Sec. 16. Rules of procedure; journal of minutes.
Sec. 17. Ordinances.
Sec. 18. Procedure for passage of ordinances and resolutions.
Sec. 19. Independent annual audit.
Words stricken are deletions; words underlined are additions.
Page 3 of 23
IJ:XHIBIT A
Sec. 20. Right of city manager an d other officers in city commission .
Sec. 5 . Numbe r of commissioners; selection; term.
The city comm ission shall consist of five (5) e lectors of th e City of A tl antic Beach
w ho have th e qualifications as defined in section 6 of this Charter, elected at l arge
without regard for any designation of political party affiliation . The seat s shall be l<nown
as seats 1 through 5 respectively, a nd seat 1 sha ll be designed as the mayor-
co mmissio ner. Seats 2 through 5 shall be d esign ated as district commissioners, with
each commission er required to reside with in th e district from which he o r she is elected.
The four (4) districts s hall be create d usin g the precinct lin es exi sting as of Nove mbe r,
2007 , as a beginning point, sha ll be esta bli shed by o rdin a nce, sha ll be as equal in
popu la tion as possible, and to th e extent possible sha ll mainta in th e integ rity of
neig hborhoods and communities of interest. The mayor-commissioner s h all be e lected
fo r two-year terms and the terms for seats 2 throu gh 5 s hall each be four y ears.
Effective with the municipa l election in Octobe r, 1993, an yone e lected or appoin ted to
the office of mayor-commissioner shall not serve more than four (4) co nsecutive two-
year terms ; and any e lected or a ppoin ted to comm iss io n seats 2 through 5 shall not
se rv e more than two (2) co nsecutive four-year terms . Se rvin g a ny part of a te rm s hall be
considered a full term. Nothing contai ned herein shall prevent a nyone who has served
as a ci ty commiss ion er from being appointed o r e lected to th e pos ition of mayo r-
co mmissioner and t he n serving in that capacity four (4) consecut ive two-year terms.
Sec. 6. Qualifications and disqualifications.
Me mbers of th e city commiss ion shall have been full -time res ide nts of the c ity for at
least eAe-yea.F!wo years immediately p rior to qualifying . They s ha ll be electors in th e
c ity . Full-time resid e ncy shall be defined as the person's principal place of abode d uring
the y ear. Members of th e city commission s ha ll not hold a ny other e lective office. Any
m e mber of th e city commission ceas ing to p ossess t he foregoi ng q u a lifi cati on s or who
shall have been convicted of a crime punishab le by more tha n o ne (1) year of
impriso nm e nt or a crim e involving mora l turpitude, s hall forfei t the sea t prior to the next
meeting of the c ity commission. A bsence from four co n secutive regu lar meetings of the
c ity commission s ha ll operate to vacate the seat of a me mber, unl ess t he member's
absen ce is excused by the city commission by a resolution settin g forth th e fact of such
excu se duly e n te red upon t he minutes.
Sec. 7. Sa lary.
The sa lary of the mem bers of the city commission s hall be set by ordin ance .
Sec. 8. Presiding officer: Mayor.
The m ayor-co mmiss io ner s ha ll p resid e at a ll m eetings of the city commission and
s hall be recognized as head of the city government fo r a ll ceremonial p urposes and by
the governor for a ll purposes of military law. When directed to do so by th e city
commission th e mayor-commissioner sha ll execute all in struments to which the city is a
party, unless otherwise provided by the Charte r or by o rdin ance. T he m ayor-
comm iss ioner shall h ave no regu lar admi ni stra ti ve duties except as autho ri zed in this
C h arter but m ay appoi nt, from time to time, suc h specia l or select com mittees as in his
Words stricken are deletion s; words underl ined are additions.
Page 4 of 23
F.XIlJillT A
or he r discretio n he or s he deems desirable-er-as may be desiFed by the city
commissioR-; to expedite the handling of the business and affairs of the city. Other
memb ers of th e citv commi ss ion may o n occasion appoint spec.ia l or select com m ittees
with t he app rova l of a m ajority of t he commissi on . In the temporary absence or disability
of the mayor-commissioner, all duties of the mayor-commissioner sha ll be performed by
I the mayor pro tempore-wAa-sl:l~e-aWO{~ted~y.-t.fl&--<;fty commissiGA-ffG.ffl-4ts
¥Remeef6 .
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
indebted ness;
(3) Establish or aboli sh officia l boards and elect the members thereof as
re co mmend e d 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, th e 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 pena lti es for the violation thereof; provided that th e 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 airport~G--par~-s . or any portion th e reof,
after the city commission has passed an ordinance authorizing any such lease;
(9) Se ll golf course S;-Hospitals,aiFf30ft6;-13aFks 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 ord in ance lhat:~cnjiD th e re is a finding that
public welfare no longer requ ires the operation of any such facility~ and .M_Jt-1
wl=.i GA-ar€-Stateei-the terms of sale o f rea l property w ithin the city limits are
sta ted: and {£Latter 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 sa les made for and in behalf
of the city;
(11)Appoin t, remove and fix th e compensation of all officers and empl oyees
appointed by the city commission as here inafter provided; the c iiy com mission
sha ll perform an annual performance review of the city cl erl<. city manager and
city attorney ;
Words stricken are deletions; words underlined are additions.
Page 5 of 23
EXJJllliT A
(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.
(1 3) The mayor pro tempore shall be appointed bv the city commiss ion from its
members.
{14) Provide fo r t he protection and preservatio n of parl <s as fo ll ow: Any real property
owned by the c ity which is used principa ll y or held out for use as a pub lic park.
shall be used onl v as a pub lic park; and parl<s sha ll not be so ld , leased long
term. gifted. cha nged in description or use. or otherwise disposed of; and no
structu re sha ll be bui lt in any such pari< to accommodate activities not
customa ril y associated with pa ri< use or outdoor recreation ; unless such sale.
lease d isposa l, gift or structure is approved by unanimous vote of the entire city
commission .
Sec. 10. Appointment of city manager.
The city commission s hall appoint an administrative officer of the city, who shall
have the title of city manager, who sha ll 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 c ity commiss ion sha ll 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 removed or
in capacitated and unable to appoint a substitute as requi red in Sec. [Section] 24 of this
Charter, the city commiss ion shall appoint someone to perform the duties of the city
manager.
Sec. 11. Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may request , if they deem it necessary, ail~-effit-a
deputy city manager and deputy city clerk, respective ly , to be hired as approved by the
c tty comm iss ion and who s hall be compensated at a rate set by the city comm ission.
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 affirm ative votes of not less tha n three
members, an eligible person as defined in Sec . [Section) 6 of this article to fill the
vacancy until the next genera l electio n.
Sec. 13. Creation of new departments or offices; change of duties.
The city commission , by ordinance , may create , change or abolish offices ,
departments, auth o riti es or agencies. The city commission may, by ordinance, assign
additional functions or duties to the offices, departments or agencies estab lished by this
Charter, but may not discontinue or assign to any other office, department or agency
any function or du ty assigned by this Charter to a particular office, department or
agency .
Words stricken ar e deletions; words underlined are additions.
Page 6 of 23
Sec. 14. Induction of city commission into office; meetings of the c ity
commission.
EXflllliT A
After each primary e lection or genera l e lection (if needed), the newly e lected city
comm issioners shall assume the duties of office at the regu larly scheduled meeting of
the c ity commission held on the second Monday in November provided that the
Supervisor of Elections has certified th e election results. If the election results for any
contested city commissio n seat cannot be certified prior to the meeting to be held on the
second Monday in November, then any newly e lected city commissioners shall assume
the duties of office at the next regularly schedu led meeting of th e city commission
fo llowing receipt of th e certif ied election results from the Supervisor of Elections. Until
the newly elected city commissioners assume the duties of office, the previous sittin g
city commiss ion ers shall remain in office . All other regular meetings of the city
commiss ion shall be fixed by ordinance, but there sha ll not be less than one regular
meeting each month . Excep t as provided by Florida's Government-in -the-Sunshine Law
(F.S . 286.011 }, all meetings of the city commissio n sha ll be open to the pub lic.
Sec . 15. City commission to be judge of qualifications of its members.
The city comm is sion sha ll be the judge of the election and the qualifications of its
members as set forth in Section 6 of this Charter. For these purposes, the city
comm iss ion shall have the power to subpoena such witnesses and require the
production and presentation of such records as may be deemed necessary.
Sec. 16. Rules of procedure; journal of minutes.
The City Commission sha ll determine its own ru les and order of business . It s hall
require a-jGY~MI-eFt h at minutes of its proceed ings to be kept:. aR d the-jGI:lf~ ':JFThe
minutes shall be open and rem ote ly avai lable to the public •nsr,stieAin a timely man ner.
throug h commo nl y accepted me th ods .
Sec. 17. Ordinances.
In addition to such acts of the city commiss ion as are required by statute or by this
Charter to be by ordinance, every act of th e City Commiss ion estab li shing a fine or
other pena lty, a fee for service, appropriation of funds , the contracting of ind ebtedness,
or the sa le of rea l property shall be by ordinance . The enacting clause of all ordinances
shall be: "BE IT ENACTED BY THE C ITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLOR IDA ."
Sec. 18. Procedure for passage of ordinances and resolutions.
The minimum procedures for adoption of ordinances and resolutions as set forth in
F.S. Sectio n 166.041 shall in its entirety constitute the process for such by the Atlantic
Beach City Commission.
Sec. 19.lndependent annual audit.
At the beginning of each fiscal year the ci ty commission sha ll designate a certified
public accountant or a firm of certified public accountants who , as of the end of the fiscal
year, sha ll make an indepe ndent audit of accounts and otller evidences of financial
Words stricken are deletions; words underlined are a dditions.
Page 7 of 23
EXHIBIT A
transactions of th e city government and sha ll submit a written report to the city
comm iss ion and to th e city manager. Such accountants sha ll have no per sona l
interests, direct or indirect, in the fi sca l affairs of the city gove rnm e nt or of any of its
of fi cers. They sha ll not maintain a ny accounts or records of city business, but within
specifica tion s appro ved by t he city commission, shall post-audit the books and
documents kept by the finan ce director and any separate or subo rdinate accounts kept
by any other office, department or agency of the city government.
Sec. 20. Rlgl~~Attend nee of city manager and oth er officers in city commission.
The city manager, and any such other officers of the city as may be designated by
vote of the city co mm ission, shall be required to attend city comm iss ion meetin gs. The
city man ager shall have the right to take part in th e discussion of all matters co ming
befo re the city com mission, a nd the ot her officers sha ll be entitled to tal<e part in all
discussions of the city co mmi ss ion re lating to th ei r respective offices, departments,
boards, com mi ssio ns, o r age ncies.
ARTI CLE Ill. THE C ITY MANAGER
Sec. 2 1. Appo intmen t.
Sec. 22. Qualifi ca tion s .
Sec. 23. Powers and duties.
Sec . 24. Absence of the c ity m anager.
Sec. 25 . Remo v a l of the c ity manager.
Sec. 26. Ci ty departments .
Sec . 27. Governance of depa rtm ents.
Sec. 21. Appointment.
Th e city manager shal l be appointed in acco rd ance with the provisions of Section
10 of this Charte r and sha ll be compensa te d at a rate set by t he ci ty co mmiss ion.
Se c. 22. Qualifications.
The city manager sha ll be chosen by the ci ty co mmi ssion so lely on the basis of
administrative qua lification s and w ith spec ial reference to ed ucatio n a nd experie n ce in
and knowledge of accepted practice with respect to t he duties of thi s office as se t forth
he rein after and in th e city c ode. Ap pli ca nts for th e position of city manager sha ll meet
the following ed ucati onal and expe ri en ce requireme nts:
(1) Possession of at least a bacca laureate degree preferably in Public
Adm inistra tion o r a directly related field from a co ll ege or university accredited
by a recognized accreditati on age ncy in the United States or fro m a recognized
college or university outside of the United States, which is acceptable to th e city
com mission ; and
(2) Not less than tmeefive {5) years of aetninistrative-experie nce as a ci ty ...
municipal. Gf-co unty, or state government administrator serving in at least an
assistant department head or the equivalent in responsibi lity; and-GJq(af
admtRistfati.ve or exesutwe-Gff~Gef-G~=-as-aA-assistant or depuly-GU.y-maru~ger";'
(3) A graduate d egree acceptab le to the city commiss ion may be s ubstituted for not
more th an one year of th e required experie nce .
Word s strici(CA are deletion s; words und erli ned are additions.
Pag e 8 of 23
EXHIBIT A
(4) Two yea rs ef adffit-iGAa~~fioose-a~taQia....tG--*Re city comt~n-may be
SYG&tm!ted-fer each year-ef..eGllcation tev.Jards-a--Ba~p-tG-a
ma:Kimum of ei~t years .
At the time of appointment, the new city manager need not be a reside nt of the city
or state , but allr~Ag-tAa-t~~ffiwwithin six (6) months the citv manager shall
reside within the city of Atlantic Beach.
Sec. 23. Powers and duties.
The city manager shall be the chi ef administrative officer and as s uch, head the
ad ministrative bra nch of the city government. The powers and duties of th e city
manage r shall include but not be limited to :
(1) Es tablish and maintain a li ne of commu nica tion with the ci ty clerk ; and
(2) Administering and enforcing all ena ctments of th e city co mmission; and
(3) Preparing and forwarding agenda ma te ri als to the city clerk for every
commission meeting; and
(4) Preparing the budg et annually and subm itting it to the city commission, and
being respo nsi ble for it s administration afte r adoption; and
(5) Preparing and submitting to th e city com mi ssio n at the end of each fi sca l y ear,
a co mpl ete report on the fin ances and administrative activiti es of the city for the
year just co mpl eted .
Sec. 24. Absence of the city manager.
The duties of the city mana ge r du ring any te mporary absence or disability sh all be
carried out by a dep uty city man age r, or in th e absence of the latter, by another
ad mini strative officer of the city des ignated first by the city manag er or second. IN a
majority of the city commissionthe depij~~·
Sec. 25. Removal of the city manager.
The city man ager shall serve at the pleasure of th e city co mmission . The city
co mmission may remove th e city manag er by the affirmative vote of not less than three
(3) of it s members.
(Ord . No . 28 -93-3 , § 1, 8-23-93)
Sec. 26 . City departments.
Administrative departments as es tab lished by ordinance sha ll r eport to and se rve
und e r the city manag er.
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 personn el practices to supervise,
direct and control such departm ents.
ARTICLE IV. THE CITY CLERK
Sec. 28. Appointment ; duties.
Sec. 29. Qualifications.
Sec. 30 . Re moval of th e city clerk.
Words stricke n ar e deletions; words underli ned are additions.
Page 9 of 23
EXIllll l T A
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, sha ll be under the direction of and compensated
at a rate set by the city commission .
The duties of the city clerl< s ha ll be to :
(1) Establish and maintain a line of communication with the city manager; and
(2) Prepare an agenda for every comm ission 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 pe 1~s~s-r~~si n forrn at io n as requested
about ~ffectivimes&-aRd-eff4GieR~f-tRe-leaislati\.ce-programs of the city
government; and
(5) Serve as supervisor of election for city election s; and
(6) Serve as custodian of all c ity records and the sea l of the city; and
(7) Admini ster oaths; and
(8) Conduct such other activities as may be specified by this C harter, the city code
or the city comm ission.
Sec. 29. Qualifications.
The city c lerk shall be chosen by the city comm1ss 1on solely on the basis of
education and experience necessary to carry out the responsibilities of executive officer
to the city commission .
Applicants for the position of c ity clerk shall meet the following educational and
experience requirements:
(1) At least a baccalaureate preferably in Business Administration or a related field
acceptab le to the city commission 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) Two years of experience in public admin istration satisfactory to the city
commission .
(3) In lieu of the required baccalaureate degree, the city comm ission may in its
discretion, accept four add itional 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.
ARTICLE V. CITY ATTORNEY
Sec. 31 . Appointm ent and qualifications.
Sec. 32 . Powers and duties.
Word s stricken are deletions; words underline d are additions.
Page 10 of 23
EXIIIOIT A
Sec. 31. Appointment and qualifications.
The city commission shall appoint a city attorney, whicll may be a law firm L 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.
Sec. 32. Powers and duties.
The duties of the city attorney shall include :
(1) Acting as the legal advisor to, and attorney and counse lor for, the city and its
officers in matters relating to their officia l 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 comp laints,
suits and controversies in which the city is a party; and
(4) Furnishing opinions on questions of law relating to the powe rs and duties of city
officers; and
(5) Performing such other duties as may be required by ordinance or resolution of
the city commission.
(6} The city attorney shall serve at the pleasure of t il e city commission . The ci ty
commission may remove the city attorney by the affirmative vote of not less
than three (3) of its members.
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
Sec. 33. Appointments and responsibilities.
Sec. 33. Appointments and responsibilities.
The appointment, duties, functions and other responsibilities of the director of public
safety, police depariment, police chief, fire department, fire chief and their respective
staff members are found in the city code Chapter 2, Divisions 2 and 3.
ARTICLE VII. BUDGET
Sec. 34. Preparation and adoption .
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 or her 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
manager sha ll make any modifications which are determined to be reasonable and
justifiable and thereafter present the budget to the city commission.
The city commission sha ll 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.
Words stricken are deletions; words underlined are additions.
Page 11 of 23
EXUIDIT A
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 ci ty clerk .
The city shall abide by the requirements established by the Truth in Millage (TRIM)
Act.
ARTICLE VIII. DEPARTMENT OF FINANCE
Sec. 35. Director of finance.
Sec. 35. Director of finance.
The director of finance shall be the head of the department of finance and shall be
appointed and removed by the city manager. The qua lifications, powers and duties of
the director of finance are defined in the Code of Ordinances.
ARTICLE IX. ELECTIONS
Sec. 36. Elections.
Sec. 37. Nonpartisan elections.
Sec. 38. Electors; registration .
Sec. 39. Nominations.
Sec. 40. Elections: Primary.
Sec. 41 . Elections: Genera l.
Sec. 42. Elections: Absentee voting .
Sec. 43. Elections : Canvassing board, duties.
Sec. 36. E lections Regu lations .
The city commission sha ll, by ordinance, make all regulations which it considers
necessary, not inconsistent with this Charter or state law , for the conduct of municipal
election s and for the prevention of fraud therein.
Sec. 37. Nonpartisan elections.
All elections for the office of commiss ioner and mayor-comm1ss1oner sha ll be
conducted on a nonpartisan basis without any desig nation of political party affi li ation.
Sec. 38. E lectors; registration.
Any person who is qualified to register to vote and is a resid e nt of Atlantic Beach
who h as qualified as an e lector of this state, and who registers in the manner prescribed
by F.S. Chapter 98 and ordinances of Atlantic Beach, sha ll be a qualified e lector of the
municipality.
Sec. 39. Nominations.
Any elector of the city having the additiona l qualifications and limitations as set forth
in Article II, Section 6, may be nomin ated for a seat in the city commission . Such
nomination shall be only by petition . A petition for this purpose sha ll be signed by not
less than ten (1Q?twenty-f ive (25) qualified e lectors of the city. The signatures on the
nominating petition need not all be subscribed on one paper. Each separate paper sha ll
have affixed a s ign ed statement of the circu lator thereof statin g the numbe r of signers of
such paper and that each signature appended th e reto was made in the presence of th e
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Page 12 of 23
EXHIBIT A
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)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing ;#rule;
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: II
Any signature made earlier than forty (40) days prior to the first day of qualifying
shall be void. All petitions must be filed with the city clerk no later than 1 0 days prior to
the qualifying period. The qualifying period will begin no later than noon on the 71 st day
(Monday) prior to the primary election and will end at noon on the 6th day (Friday) prior
to the primary election. All other qualifying papers shall be filed as one instrument with
the city clerk during the qualifying period. 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.
Words stricken are deletions; words underlined are additions.
Page 13 of 23
EXHIBIT A
Sec. 40. El ections: Primary.
A primary election for the nomination of candidates for the office of c ity
commissioner of the city shall be held every two (2) years on the Tuesday that is ten
(10) weeks prior to the General Election, for each seat on the c ity commission which
sha ll become vaca nt on the second Monday in Nove mber of the same year, or when the
newly elected c ity commissioners assume th e duties office in accordance with Sec. 14
of this Charter. The two candidates for each seat to be filled receiving the greatest
number of votes in sa id primary sha ll be certified as candidates or nominees at the
general election, provided, however, that should any candidate receive at such primary
e lection a majority of all votes cast, he or she sha ll be declared regularly e l ect ed and
sha ll not be required to e nter the genera l e lection as hereinafter provided. However,
shou ld on ly one cand idate be nominated for a particu lar seat, a n election for that seat
will not be required a nd the unopposed candidate s hall be declared e lected to the office
of city comm issioner.
Sec. 41. E lections: General.
A regular or genera l e lection of cand idates or nominees to the office of city
commissioner shall be held every two (2) years on t he first Tuesday after the first
Monday in November, un less all vacancies have been determ ined by the primary
election in accordance with Section 40 of this Charter. The ca ndidate or nominee
receiving the majority of votes for each seat at such ge ne ral election shall be declared
e lected. In the event of a tie between two candidates in the general e lection t he
candidates shall draw lots in accordance with Florida Statutes to determine the winner.
Sec. 42. El ection s: Absentee voting.
Except as herein specifically provided a ll e lections and absentee voting in the c ity
s ha ll be conducted in accordance with the provisions of F.S. Chapter 101.
Sec. 43. El ections: Canvassing board, duties.
The City of Atlantic Beach CanvassiAg Boar-d s Ra~mposed of tt:te-Gfty
Attefney, Ci~~~delegates the e lection canvassing responsibi lities
for all city election s to the Duval Countv Canvassing Board . ~n the e>~ent lhat-a.A.y
meml3ef-is-w:la&te-te-seP~e,a.;-~wmeRt-memb~al~&appGiAt~mammg.
two boaFd members. Said replacement sha«--be a registef€d veter residing in Atlamis
Beach. ShooiG--tRe-Gity--of..Attal~~c Beach-mooiGi~Gtion oscu~e same day as a
ooooty or special eleGtion , the coymy can¥assing Gea~ ful~ll the followi Ag~Ylie&
tist€4-in this secliEm=-The ~~G-BeaGR-Canvassing Board shaU-may meet in Atlantic
Beach, or at a location as decided by the Duval County Canvassing Board in a building
accessible to the public to publicly ca nvass the absentee electors' ba ll ots and
provisional ba llots as provided for in Florida Sta tu tes. Public notice of canvassing shall
be g iven at least 48 hours in advance in a publication of general circulation in the City of
Atlantic Beach. The canvass shall be made from the returns and certificates of t h e
inspectors as signed and f iled by them. The canvassing board sha ll submit to the
Supervisor of Elections t he preliminary returns by 11 :59 pm on election night. See
Fla .Stat. Chapters 101 and 102 for a complete listing of Canvassing Board duties. A fter
Words striGken are deletions; words underli ned are additions.
Page 14 of 23
li:XHIBIT A
each city e lection . the Canvassing Board s ha ll issue an official Ce 1 tificatiQ!l of []ection
to the cilv cleric The clerk shall provide a certificate of election to the candidates
elected.
ARTICLE X. INITIATIVE AND REFERENDUM
Sec. 44. Power of initiative .
Sec. 45. Power of referendum .
Sec. 46. Form of petitions; committee of petitioners.
Sec. 47. Filing, examination and certification of petitions.
Sec. 48. Amendment of petitions .
Sec. 49 . Effect of certification of referendum petition.
Sec. 50. Consideration by city commission .
Sec. 51. Submission to electors.
Sec. 52. Form of ballot for initiated and referred ordinance s.
Sec. 53. Availability of li st of qualified e lectors .
Sec. 54. Results of election.
Sec. 55. Repealing ordinances.
Sec. 44. Power of initiative.
The electors shall have the power to propose any ordinance, excep t an ordinance
appropriating 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
subm itted to the city commission by a petition s igned by registered e lectors of the city
equal in numbe r to at least tvventy-W<HJer--GeflttHn--f2&9k)sixteen percent (16%) of the
registered electors at the last regular munic ipal election.
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 e lectors, 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 tweRtY"-:t hil1y (3 0 ) 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 twefrlty fi¥e pe r-GeRt~m (26%)sixteen percent (16%) of the
registered electors at the last prece ding regular municipal election may be filed with the
city clerk requesting any such ordinance be either repealed by t ile cjty commission or
submitted to a vote of the electors.
Sec. 46. Form of petitions; committee of petitioners.
All petition papers circu lated for the purpose of an initiative or referendum s hall be
uniform in size and style, and s hall contain the full text of the proposed ordinance . The
signatures to the initiative or referendum petitions nee d not all be appended to one
paper. Signatures on such petitions shall be in ink and sha ll be followed by the
petitioner's place of r esidence by street and number. There shall appear on each
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Page 15 of 23
EXIIIIliT A
petition the names and addresses of five electors who, as a comm ittee of the
petitioners , s ha ll be regarded as responsible for th e ci rculatio n and filing of the pe tition .
Attached to each separat e petition paper there s hall be a notarized affidavit s igned
by th e c ir cu lator of the petition stating th e number of signatures, th at all signa tures
ap pend ed t hereto were made in th e presence of th e c irculator, and th at the circulator
be li e ves them to be the genuine sig natures of the person s whose nam es appear on the
petition .
Sec. 47. Fi ling, examination and certifi cation of petitions.
A ll petition papers co mprising an initiative or referendum petition s hall be
assembled and filed with th e city clerk as one instrument. Within twef-lty-thirty (30) days
after a petition is filed, the city c lerl< shall determine whether each page of th e petitio n
has a proper sta teme nt of th e circu lator and whether the petition is sig ned by a su fficient
number of qualified electors. Th e city clerk shall declare any petition paper inva lid which
does not have attac hed thereto an affid avit sign ed by th e circulator on each page. If a
petition pape r is found to be sign ed by more persons than the numbers of signatu res
certifi ed by th e circu lator, th e la st sig natures in excess of the numbe r certifi ed s h all be
disregarded. If a pe tition pap er is f ound to be sig ned by fe w er persons th an th e number
ce rtifi ed , th e signatures s ha ll be acce pted unless voi d on other grounds. After
com pleting the examination of th e petition, the city clerk sha ll certify the result to th e city
co mmissio n a t its next regular meeting . If th e ci ty cle rk certif ies th e petition is
insufficie nt, a certificate listing th e def ective ite ms shall be prepared and provid ed to the
com mittee of petitioners.
Sec. 48. Amendment o f petitions.
An initiative or referendum petition may be amended with in ten (10) days after the
ce rtifi ca te of in sufficiency has been sent by th e city clerl<. An amended petition m a y be
filed as provided by Section 46. Th e ci ty cle rk sh all, within five (5) days , examine the
amended petition and if th e pe titi on is still insufficient, sha ll fil e a certifi cate to t hat effect
and notify th e com m ittee of th e petition ers of such findin gs. The findin g of th e
insuffi cie ncy of a petition shal l not prejudice the f iling of a new petition .
Sec. 49 . Effect of certification of referendum petition.
Wh e n a referendum petition , or an ame nded petition, as defi ned in Section 46 has
been ce rtified as su fficie nt, the ordinance specified in the petition shall not go into effect
until a nd unless approved by th e qualified registered e lectors .
Sec. 50. Consideration by city commission.
Whe neve r th e city commissio n receives a certified initiative or referendu m petition
from th e city clerk, it shall proceed forthwith to cons id er s uch petiti on . A proposed
initiative ordinance sha ll be read and a pub li c hea ring shall be held upon th e proposed
ordinance. The city co mmi ssio n sha ll take final action on th e ordinance not later tha n
sixt y (60) days after the d ate on which such ordinance was submitted to t he city
co mm issio n . Such final action sha ll be decided by at least a fou r-fifths affirmative vote of
the full city commission to approve, amend or deny. If such ordinance is one Wh ich is
referred for reconsid erati on by t he city commission, it shall be brought forth f or its f in al
Word s striciEe-R are del etions; words und erlin ed are add i t ions.
Page 16 of 23
EXHIBIT A
vote upon such reconsideration and the question shall be, "Shall the ordinance specified
I
in the referendum be repealed?" Such final action shall also be decided by at least a
four-fifths affirmative vote of the full city commissio n.
Sec. 51. Submission to e lectors.
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
sha ll be submitted to the electors not less than thirty (30) days nor more than one year
from the date the city commission takes its fina l vote. If no regular e lection is to be held
within the specified time frame, th e city com mission ~hall provide for a special
election .
Sec. 52. Form of ballot for initiated and referred ordinances.
Ordinances submitted to a vote of the e lectors in accordance with the in itiative and
referendum provision of th is Charter sha ll be submitted by ballot title prepared by the
c ity attorney or other lega l advisor of the c ity. The ballot title may be different from the
lega l title of any such initiated or referred ordinance and shall be a clear, concise
statement, without argument or prejudice, descriptive of t he subj ect of such ord inance.
The ballot used in voting upon any ordinance shall have below the ballot title the
following propositions, one above th e other, in order indicated: "FO R THE
ORDINANCE" and ''AGAINST THE ORDINANCE."
Sec. 53. Availability of list of qualified electors.
Lists of qualified e lectors or registe rs may be f**ffiAaseG--obta ined from the
Supervisor of Elections for Duva l County in accordance with the provisions of F.S.
Q8.21198 .045(3).
Sec. 54. Resu l ts of election.
If a majority of the electors s hall vote in favor of a proposed initiative or refe rred
ordinance it s hall become an ordinance of th e city. If conflicting ordinances are
approved by the electors at th e same election , the one receiving the greatest number of
the affirmative votes shall prevail.
Sec. 55. Repeating ordiRaRceG;Reserved.
JRitiated an4-referred or-Ginances may be-ameRdad-o~pealed GWy-by a fouF-ftMs
aff+fmati¥e vete-ef the full city co~miss ioR following a pubHG-heafin~
ARTICLE XI. RECALL ELECTIONS
Sec. 56. Procedures.
Sec. 56 . Procedures.
Recall e lections shall follow those procedures prescribed by F.S. 100.361.
ARTICLE XII. FRANCHISES
Sec. 57. Granting of franchises .
Word s ;t-rieken are deletions; words underlined are additions.
Page 17 of 23
£XH1BI'I' I\
Sec. 57. Granting of franchises.
The city shall have power to grant a franchise to any private o r 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 franch ises and any renewals , extensions a nd
amendments thereto shall be granted only by ordinance, and under such limitations as
may be provided by the laws of th e State of Florida . If the proposed franchise is for
fifteen years or more, the ordinance app roving sa id franchise shall not be effective
unless it is approved at a referendum in the same manner provided in F.S . 166 for th e
approva l of issuance of bonds.
ARTICLE XIII . TAX ADMINISTRATION
Sec. 58 . Tax administration .
Sec. 58. Tax administration.
Tax adm inistration 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.
ARTICLE XIV. ZON ING
Sec. 59. Zoning , l and development regulations and maximum building height.
Sec. 59. Zoning, land development regulations and maximum building height.
Zon ing and land development regulations sha ll be in accordance with F l orida
Statutes or as otherwise provided for within the Code of Ordinances, exce pt that in no
case shall the maximum height of buildings within the City of A tlantic Beach exceed
thirty-five (35) feet; provided however, that existing buildin gs wh ich exceed thirty-five
(35) feet in height may be repaired to that existin g height, no alterations shall be made
to any building, which would cause that building to exceed thirty-five (35) feet in height,
and this Charter provision shall not restrict any property owner's vested rights under
constitutional , statutory or common law.
Further provided , however, that the city commission may approve, pursuant to the
applicable section of the city's land developm ent regulations, requests to exceed the
maximum building height of thirty-five (35) feet for exte rior architectural design
elements, exterior decks or porches within nonresidential land use categories as
designated by the future land use map of the adopted comprehe ns ive plan, for
non residential development.
The only property excepted from this height limitation shall be certain parts of the
existing Sea +~~e Inn hotel property, lo cated at 1 Ocea n Boulevard, Atlantic Beach ,
F lorida , which property is bounded by Ahern Street on th e north , the Atlantic Ocean on
the east, Atlantic Boulevard on the south , and Ocean Boulevard on the west, and only
those parts of said property as follows :
(1) The existing buildings that exceed thirty-five (35) feet on the property as of the
effective date of this ordinance; and
(2) That part of said property extending west from the existing hote l tower no more
than one hundred twenty-five (125) feet towards the west property line, no
Word s stricken are deletion s; words underlined are additions.
Page 18 of 23
closer than fifty (50) feet to th e south prop erty li ne , with no more than a
maximum width of one h un dre d (1 00) feet and con taining an add it io nal footprint
of no more than e leven thousand five hundred (11,500) squa re feet.
H owev e r, any future development, red eve lo pment or expans ion on th ese parts of
the property, which are proposed to exceed thirty-five (35) fe et in heig ht s h al l be s ubject
to approval by th e city commission and shall in no e ve nt exceed the height of th e
existing hotel tower build ing as of the effective date of th is o rdinan ce .
N ote: Currently F.S . 163, F.S. 166, and Code of Ordinances Chapters 14 and 20.
ARTICLE XV. MUNICIPAL BORROWING
Sec. 60 . A uthority to borrow.
Sec. 60. Authority to borrow.
The city may borrow money, contr act loans and issue bo nds as provided by F .S .
166 Part II from time to tim e to finance the undertaking of any cap ita l or other project for
the purposes permitted by th e State Cons titution , and may pledge funds, cred it,
property, a nd t ax rev en ues for the payment of such debts and bonds.
ART ICLE XVI. SUITS AGAINST THE CITY
Sec. 61 . Suits .
Sec. 61. Suits.
No suit shall be brought against th e city for damages aAsmg ol:ll o~4eged
t011io1:4s act, unless all provisions of s tate law have been met.
Upon receiving notice of any suit, th e c ity manager shall diti~ investigate-tHe
matt~4 fi le a \·.c~r+-witfl.-..the-city-rneFI~s-pteseRted---&a i nfo nn th e c ity
co mmission at its next meeting of t h e lawsu it as soon as p ractica l .~em s~a !J
determme if a speoia~ m~Ag sho~:~!d be soheEh:*lea-t9-deal-\.\!ith an emef§eP.sy situatic:m ...
Upon receipt of a written claim for damages by an injured party th e city commission
may, by ordinance, make a settlement of th e c la im .
ARTICLE XVII. GENERAL AND MISCELLANEOUS PROVISIONS
Sec. 62. Re moval of office rs and employees.
Sec. 63. Removal of members of boards, co mmissio n s. or age ncies.
Sec. 64. Investigations.
Sec. 65. Publicity of records.
Sec. 66. Personal inte rest.
Sec. 67. Official bo nds.
Sec. 68. Oath of office .
Sec. 69 . Effect of th is Charter on existing la w .
Sec. 7 0 . Rights of officers and emp loyees preserved .
Sec. 71. Continuance of p rese nt officers.
Sec. 72. Co ntinuity o f offices, boards, commissions or agenc ies.
Sec. 73. Transfer of reco rd s and property.
Sec. 74. Title to property rese rv ed .
Sec. 75. Continu ance of co ntract s and public improvements .
Words striekeR are de le tions; words unde rlin ed ar e addi t ions.
Pag e 19 of 23
Sec. 76 . Pending actions and pro cee dings.
Sec. 77. Short title.
Sec. 78 . ~Fabfi~Sev erability clause .
Sec. 62. Removal of officers and employees.
EXHiniTA
Any officer or employee appoin ted 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 .
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, com mission or agency of the city who has be en appo inted by the city
comm ission, may be removed by the city commission in the same manner as provided
for the removal of the city manager in Section 25 of this Charter.
Sec. 64. Investigations.
The city commission, or any committee there of, the c ity manager or any advisory
board appo inted by the city commission for such purpos e, shall have power at any time
to cause the affairs of any department or the conduct of any office r or emp lo yee under
their jurisdiction to be investigated; and for such purpose sha ll have power to compel
the attendance of witnesses and the production of books, pap e rs and other evidence ;
and for that purpose may issue subpoenas which sha ll be sig ned by the president or
chairman of the body, or by the officer making the investigation, and sha ll be se rved by
an officer authorized to serve such process. The authority making such investigation
sha ll 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 ad min ister
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 th e
municipal ordinance and shall be punishable by a fine not to exceed five hundred
do ll ars ($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 .
Sec. 65. Publicity of records.
To the extent required by F.S . Cha pter 119, records and accounts of every office,
departme nt or agency of the city shall be pub li c records and open to inspection under
reasonable regulations estab li shed by the city comm ission in accordance with the
Publi c Records Act.
Sec. 66. Personal interest.
No member of the city commission , any officer of the city or department head shall
have a financial inte rest, direct or indirect, in any contract or in the sa le to the city or to a
contracto r supplying th e city of any land or rights or in terests in any land , material ,
supplies or services . Any w#rutwi ll ful violation of this section shall c onstitute
malfeasance in office , and shall be grounds for removal or termination . Any contract
entered into in violation of th is section shall be voidable by the city manager or the city
co mmission .
Words stricken are d eletion s; words und erlin ed are addit ions.
Pa ge 20 of 23
EXJIJniTA
Sec. 67. Official bonds.
The city commission sha ll determine whether or not each officer, clerk, or employee
shall give bond, and the amount th ereof, but a ll officers, clerks and emp loyees 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.
Sec. 68. Oath of office.
Every officer and emp loyee of the city shall, befo re entering upon the duties of his
or ller office, take and subscribe to the following oath or affirmat ion, to be filed and kept
in the office of the city clerl<:
"I solemnly swear (or affirm) that I will support the Co nstitution and will obey the
laws of the United States and of the State of Florida, that I will, in all respects ,
observe the provision s of the Charter and ordinances of the City of Atlantic Beach ,
and will faithfully discharge the duties of the office of "
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 s uperseded to the extent that such
are inconsistent with th e provisions of this Charter.
Sec. 70. Rights of officers and employees preserved.
Nothing contained in th is 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, d epartment, board, commission, or agency existin g at the time when this
Charter sha ll take effect.
Sec. 71 . Continuance of present officers.
All commissions, administrative and executive officers , agents , department heads,
board and comm ittee members and their powers, duties and ob li gations at the time this
Charter takes effect shall continue in effect unti l provisions have been made in
accordance herewith for the performance of such duties or the discontinuance of such
office, powers or obligations.
Sec. 72. Continuity of offices, boards, commiss ions or agencies.
Any office, department, board, commission or agency provided for in this Charter
with powers and duties the same or substantially the sa me as those which previously
existed shall be deemed to b e a continuation of such office, department, board,
commission, agent or agency w ith the power to co ntinue its duties and obligations.
Sec. 73. Transfer of records and property.
All records, property and equipment whatsoever of any office , department, board ,
commission, agency, or agent, all the powers and duties of which are assigned to any
other office, department , board, commission, or agency by this Charter, sha ll be
Words strickeA are deleti ons; words underlined are additions.
Page 21 of 23
EXJJflllT A
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.
Sec. 74. Title to property reserved.
The title, rights, and ownership of property, uncollected taxes, dues, claims,
judgments, decrees and chases in action, held or owned by the City of Atlantic Beach
shall continue to be vested in the corporation under this Charter.
Sec. 75. Continuance of contracts and public improvements.
A ll contracts entered into by the City of Atlantic Beach , or for its benefit, prior to the
taking effect of this Charter, sha ll continue in full force and effect. Public improvements,
for wh ich legislative steps have been taken under laws or Charter provisions existing at
tlie time this Charter tal<es effect. sha ll be carried to completion in accordance with th e
provisions of such existing laws and Charter provisions.
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 C h arter or by anything therein contained.
Sec. 77. Short title.
This Charter shall be known as t he "Atlantic Beach Charter."
Sec. 78. SepaJability-Severabltity clause.
If any section or part of a section of this Charter shall be held invalid by a court of
competent jurisdiction, such ho lding shall not affect the remainder of this Charte r o r the
context in which such section or part of section so he ld 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 app ly.
ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REV IEW
Sec. 79 . Effective date of Act.
Sec. 80. Effect of changes in state law.
Se c. 8 1 Pe riodic Revi ew
Sec. 79. Effective date of Act.
This Act shal l go into effect subject to the refere ndum and in accordance with state
law under F.S. 166.031 .
Words stricken are deletions; word s under lined are additions.
Page 22 of 23
EXIIIIllT A
Sec. 80. Effect of changes in state 1aw.
In the event of changes in state law which are in conflict with any provisions of this
Charter, state law s hall prevail.
Sec. 81. Periodic Review
A Charter Revi ew Committee consisting of at least nine (9) and no more than
fiftee n (15) e lectors of t he City shall be appointed by the City Comm ission every eight
(8) years to re v iew the City Charter and propose any amendments o r revisions. which
may be advisable for p lacement on the regu l ar municipal election ballot.
lhe City Commission shall appoint the Charter Review Committee in January of the
year immediatery preceding the e lection with a definite and specific charge . The
Charter Review Committee shall meet for the purpose of organization within thirtv (30)
days after the appointments have been made. The Charter Review Committee shall
e lect a chair and vice chair from among its membership. Further meetings of the
Charter Review Committee shall be held upon the call of the chair or a majority of the
members of the Charter Review Committee. All meetings sin all be open to the publ ic. No
Charter amendment or revision sha ll be submitted to the electorate for adoption unless
favorably voted upon by a majority of the entire membership of the Charter Review
Committee.
No later than one-hundred and eighty (180) days prior to the regu lar municipal
e lection, the Charter Review Committee shall deliver to the C ity Commission the
proposed amendments or revisions. if any, to t he C ity Charter. Each proposed
amendment sha ll embrace but one subject and matter directly connected therewith .
The City Commission mav by reso lution place such amendments or revis ions as
approved by the Charter Review Committee on the next regula r municipa l election
ballot. If a majority of the electors voting on the amendments or revisions favor
adoption, such amendments or revisions shall become effective on January 1 of the
succeeding y e ar or such other time as the amendment or revision shall provide.
If the Charter Review Committee does not submit anv proposed Charter amendments
or revisions to the City Commission at least one-hundred and eighty {180) days prior to
the regu lar municipal election. the Ch arter Review Committee shall be automatically
dissolved. Otherwise. upon acceptance . further amendment or rejection of the proposed
amendments or rev isions by the City Commission . the Charter Review Committee shall
be automatically dissolved .
Words stricl<en are deletions; words underlin ed are add itions.
Page 23 of 23
ORDINANCE NO. 33-15-20
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, PROPOSING AN AMENDMENT TO THE CITY
CHARTER WIDCH WOULD ELECT CITY
COMMISSIONERS FOR SEATS 2, 3, 4 AND 5 BY THEIR
RESPECTIVE DISTRICTS; SUBMITTING THE
PROPOSED AMENDMENT FOR CONSIDERATION BY
THE ELECTORS OF THE CITY FOR APPROVAL OR
DISAPPROVAL; PROVIDING THE APPEARANCE OF
THE CHARTER AMENDMENT ON THE BALLOT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from its citizens
and the Charter Review Committee, finds the proposed amendment contained in 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: Don Wolfson, Mark Tomaski , Mike Bomo, Katherine
Carithers, Joan Carver, Sally Clemens, Thomas Goodrich, Judith Leroux and David Vincent.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Charter Amendment Proposed. The City Commission of the City of
Atlantic Beach, Florida hereby proposes the following amendment to the City Charter:
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~. ~eat I shall be elected at large, and seats 2 through
5 shall each be elected by their respective districts, 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
designed as the mayor-commissioner. Seats 2 through 5 shall be
designated as district commissioners, with each commissioner
required to reside within the district from which he or she is
elected. The four (4) districts shall be created using the precinct
lines existing as of }lottember, 2007January 2013, as a beginning
point, shall be established by ordinance, shall be as equal in
population as possible, and to the extent possible shall maintain the
integrity of neighborhoods and communities of interest. 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 munkipal election in October, 1993, anyone elected or
appointed to the office of mayor-commissioner shall not serve
more than four (4) consecutive two-year terms; and any elected or
appointed to commission seats 2 through 5 shall not serve more
than two (2) consecutive four-year terms. Serving any part of a
term shall be considered 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.
SECTION 2. Submission of Charter Amendment to Public Referendum. This
amendment to the Charter of the City of Atlantic Beach, F lorida shall be submitted to public
referendum at the next general e lection held in the City of Atlantic Beach, Florida for approval
or disapproval by the qualified electors of the City.
SECTION 3. Appearance of the Charter Amendment on the Ballot. The ballot title to
be used in said election shall be as follows: "CHANGE IN COMMISSIONER ELECTIONS
FROM AT-LARGE VOTING TO DISTRICT REPRESENTATIVE VOTING." The
explanatory statement shall be as follows: "Commission seats 2, 3, 4 and 5 will be elected only
by the electors in the respective districts instead of the entire electors of the City of Atlantic
Beach." Below the explanatory statement shall appear the following question:
Shall the above described Charter amendment be adopted?
YES NO __ __
SECTION 4. Effective Date. This 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.
Ordinance No. 33-15-20 Page 2 of3
PASSED by the City Commission on ftrst reading this 27 day of April, 2015.
PASS ED with a quorum present and voting, by the City Commission this / tfl..
___.!_;V/_'11-¥/ _ _,, 2015.
ATTEST:
d~~~
DONNA L. BARTLE,
City Clerk
RICHARD KOMANDO,
City Attorney
CARO~
Mayor, Presiding Officer
day of
Ordinance No. 33-15-20 Page 3 of3
Question 2.
Question 1
A PROPOSED CHARTER FOR THE CITY
OF ATLANTIC BEACH, FLORIDA.
Based upon the recommendations of the
Atlantic Beach Charter Review Committee and
the City Commission, a new and amended
Charter is being proposed for the City.
Shall the above described new and amended
Charter be adopted?
Yes
No
Question 2
CHANGE IN COMMISSIONER ELECTIONS
FROM AT-LARGE VOTING TO DISTRICT
REPRESENTATIVE VOTING.
Commission seats 2, 3, 4 and 5 will be elected
only by the electors in the respective districts
instead of the entire electors of the City of
Atlantic Beach.
Shall the above described Charter amendment
be adopted?
Yes
No
BELOW ARE THE PROPOSED CHARTER AMENDMENTS RELATED TO QUESTION 1 FOR CONSIDERATION BY THE
ELECTORS OF THE CITY OF ATLANTIC BEACH IN THE UPCOMING ELECTION. ONLY LANGUAGE OF THE PROPOSED
CHANGES ARE INCLUDED BELOW. A COMPLETE COPY OF THE CHARTER WITH THE PROPOSED AMENDMENTS CAN
BE OBTAINED AT CITY HALL, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233 OR ELECTRONICALLY AT:
http://weblink.coab.us/WebLink8/0/doc/606762/Electronic.aspx (Words underlined are additions; words stricken are deletions)
DIRECT ALL QUESTIONS REGARDING THIS TEXT TO THE CITY CLERK’S OFFICE AT (904) 247-5800.
Sec. 2. Reaffirmation of the incorporation of City of Atlantic Beach.
The establishment of a municipal corporation, known and designated as the City of Atlantic 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:
… excepting from the territory hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used by
Selva MarinaAtlantic Beach Country Club …
Sec. 6. Qualifications and disqualifications.
Members of the city commission shall have been full-time residents of the city for at least one yeartwo years immediately
prior to qualifying…
Sec. 8. Presiding officer: Mayor.
… 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 or her discretion he or she deems desirable or as may be desired
by the city commission, to expedite the handling of the business and affairs of the city. Other members of the city commission
may on occasion appoint special or select committees with the approval of a majority of the commission. 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.
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: …
(3) Establish or abolish official boards and elect the members thereof as recommended by the mayor; …
(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 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 that: in which (a) there is a finding that
public welfare no longer requires the operation of any such facility; and (b) in which are stated 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; …
(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; …
(13) The mayor pro tempore shall be appointed by the city commission from its members.
(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.
Sec. 10. Appointment of city manager.
… In the event the City Manager is removed or 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.
Sec. 11. Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may request, if they deem it necessary, appoint a deputy city manager and deputy city
clerk, respectively, to be hired as approved by the city commission and who shall be compensated at a rate set by the city
commission.
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 orthat minutes of its
proceedings to be kept. and the journal orThe minutes shall be open and remotely available to the public inspectionin a timely
manner, through commonly accepted methods.
Sec. 20. Right Attendance of city manager and other officers in city commission.
Sec. 22. Qualifications.
… Applicants for the position of city manager shall meet the following educational and experience requirements:
(1) Possession of at least a baccalaureate degree preferably 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 threefive (5) years of administrative experience as a city, municipal, or county, or state government
administrator serving in at least an assistant department head or the equivalent in responsibility; and 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 substituted 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
officewithin six (6) months the city manager shall reside within the city of Atlantic Beach.
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 first by the city manager or second, by a
majority of the city commissionthe deputy city manager.
Sec. 28. Appointment; duties.
… 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: …
(4) Provide the city commission with periodic reportsinformation as requested about the effectiveness and efficiency of the
legislative programs of the city government; and
Sec. 29. Qualifications.
… Applicants for the position of city clerk shall meet the following educational and experience requirements:
(1) At least a baccalaureate preferably in Business Administration or a related field acceptable to the city commission 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 …
Sec. 31. Appointment and qualifications.
The city commission shall appoint a city attorney, which may be a law firm, 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.
Sec. 32. Powers and duties.
The duties of the city attorney shall include: …
(6) The city attorney shall serve at the pleasure of the city commission. The city commission may remove the city attorne y
by the affirmative vote of not less than three (3) of its members.
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 or her designee.
Sec. 36. Elections Regulations.
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)twenty-five (25) qualified electors of the city…
Sec. 40. Elections: Primary.
…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 or she shall be declared regularly elected and shall not be required to enter the general election as
hereinafter provided…
Sec. 43. Elections: Canvassing board, duties.
The City of Atlantic Beach Canvassing Board shall be composed of the City Attorney, City Manager and City
Clerkdelegates the election canvassing responsibilities for all city elections to the Duval County Canvassing Board. In the event
that any member is unable to serve, a replacement member shall be appointed by the remaining two board members. Said
replacement shall be a registered voter residing in Atlantic Beach. Should the City of Atlantic Beach municipal election occur on
the same day as a county or special election, the county canvassing board will fulfill the following duties listed in this section.
The Atlantic Beach Canvassing Board shall may meet in Atlantic Beach, or at a location as decided by the Duval County
Canvassing Board in a building accessible to the public to publicly canvass the absentee electors' ballots and provisional ballots
as provided for in Florida Statutes. Public notice of canvassing shall be given at least 48 hours in advance in a publication of
general circulation in the City of Atlantic Beach. The canvass shall be made from the returns and certificates of the inspectors as
signed and filed by them. The canvassing board shall submit to the Supervisor of Elections the preliminary returns by 11:59 pm
on election night. See Fla.Stat. Chapters 101 and 102 for a complete listing of Canvassing Board duties. After each city election,
the Canvassing Board shall issue an official Certification of Election to the city clerk. The clerk shall provide a certificate of
election to the candidates elected.
Sec. 44. Power of 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%)sixteen percent (16%) of the registered electors at the last regular
municipal election.
Sec. 45. Power of referendum.
… 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 thirty (30) 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%)sixteen percent (16%) 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 by the city commission or submitted to a vote of the electors.
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 thirty (30) days after a petition is filed, the city clerk shall determine whether each page of the petition
has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors…
Sec. 50. Consideration by city commission.
... A proposed initiative ordinance 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. Such final action shall be decided by at least a four-fifths affirmative vote of the full city
commission to approve, amend or deny. If such ordinance is one which 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?" Such final action shall also be decided by at least a four-fifths affirmative vote of the full city
commission.
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 shall
provide for a special election.
Sec. 53. Availability of list of qualified electors.
Lists of qualified electors or registers may be purchased obtained from the Supervisor of Elections for Duval County in
accordance with the provisions of F.S. 98.21198.045(3).
Sec. 55. Repealing ordinances.Reserved.
Initiated and referred ordinances may be amended or repealed only by a four-fifths affirmative vote of the full city
commission following a public hearing.
Sec. 59. Zoning, land development regulations and maximum building height.
… The only property excepted from this height limitation shall be certain parts of the existing Sea Turtle Inn hotel property,
located at 1 Ocean Boulevard, Atlantic Beach, Florida, …
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 toinform the city commission at its next meeting of the lawsuit as soon as practical. 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.
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. Any wilfulwillful 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.
Sec. 68. Oath of office.
Every officer and employee of the city shall, before entering upon the duties of his or her office, take and subscribe to the
following oath or affirmation, to be filed and kept in the office of the city clerk: …
Sec. 78. Separability Severability clause.
ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REVIEW
Sec. 81. Periodic Review
A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) electors of the City shall be
appointed by the City Commission every eight (8) years to review the City Charter and propose any amendments or revisions,
which may be advisable for placement on the regular municipal election ballot.
The City Commission shall appoint the Charter Review Committee in January of the year immediately preceding the
election with a definite and specific charge. The Charter Review Committee shall meet for the purpose of organization within
thirty (30) days after the appointments have been made. The Charter Review Committee shall elect a chair and vice chair from
among its membership. Further meetings of the Charter Review Committee shall be held upon the call of the chair or a majority
of the members of the Charter Review Committee. All meetings shall be open to the public. No Charter amendment or revision
shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the
Charter Review Committee.
No later than one-hundred and eighty (180) days prior to the regular municipal election, the Charter Review Committee
shall deliver to the City Commission the proposed amendments or revisions, if any, to the City Charter. Each proposed
amendment shall embrace but one subject and matter directly connected therewith. The City Commission may by resolution
place such amendments or revisions as approved by the Charter Review Committee on the next regular municipal election
ballot. If a majority of the electors voting on the amendments or revisions favor adoption, such amendments or revisions shall
become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide.
If the Charter Review Committee does not submit any proposed Charter amendments or revisions to the City Commission at
least one-hundred and eighty (180) days prior to the regular municipal election, the Charter Review Committee shall be
automatically dissolved. Otherwise, upon acceptance, further amendment or rejection of the proposed amendments or revisions
by the City Commission, the Charter Review Committee shall be automatically dissolved.
BELOW IS THE PROPOSED CHARTER AMENDMENT RELATED TO QUESTION 2 FOR CONSIDERATION BY THE
ELECTORS OF THE CITY OF ATLANTIC BEACH IN THE UPCOMING ELECTION.
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,. Seat 1 shall be elected at large, and seats 2 through 5 shall be elected by their respective districts,
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 designed as the mayor-commissioner. Seats 2 through 5 shall be designated as district commissioners, with
each commissioner required to reside within the district from which he or she is elected. The four (4) districts shall be created
using the precinct lines existing as of November, 2007, January, 2013, as a beginning point, shall be established by ordinance,
shall be as equal in population as possible, and to the extent possible shall maintain the integrity of neighborhoods and
communities of interest. 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 appointed to the office of mayor-
commissioner shall not serve more than four (4) consecutive two-year terms; and any elected or appointed to commission seats
2 through 5 shall not serve more than two (2) consecutive four-year terms. Serving any part of a term shall be considered 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.