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Ordinance No. 28-91-2 ORDINANCE NO. :28-91-2 AN ORDINANCE PROPOSING AND AMENDMENT TO ARTICLE XVI, SECTION 158 OF THE CHARTER OF THE CITY OF ATLANTIC BEACH, TO PROHIBIT A CITY COMMISSIONER FROM BEING APPOINTED CITY ATTORNEY DURING ANY TERM FOR WHICH HE SHALL HAVE BEEN ELECTED OR WITHIN ONE YEAR AFTER THE EXPIRATION OF HIS TERM, REQUIRING A REFERENDUM, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. That the following proposed amendment to Article XVI, Municipal Court and Department of Law, Section 158, City Attorney: Appointment and Qualifications, of the Charter of the City of Atlantic Beach, Florida, be submitted to the electors of Atlantic Beach: Sec. 158 . City Attorney: Appointment and Qualifications. "No City Commissioner shall receive such appointment during any term for which he shall have been appointed or elected, nor within one (1) year after the expiration of said term. " SECTION 2 . Effective Date, Nature and Conduct of Election. Before this amendment shall become operative and effective it shall first be submitted to a referendum vote of the qualified electors of the City of Atlantic Beach, participating in an election to be held in said City on the 3rd day of November, A.D. , 1992 . Notice of said election shall be given by the City Clerk by publishing the same at least twice in a newspaper published in Duval County, Florida, the first publication to be not less than thirty (30) days before said election, and once in the third week prior to such election. Said notice shall be in substantially the - following form: "NOTICE IS HEREBY GIVEN that an election will be held in the City of Atlantic Beach on the 3rd day of November, A.D. , 1992 , for the approval or disapproval of the Ordinance of the City prohibiting the appointment of a City Commissioner as City Attorney for a specified period of time. "All persons qualified to vote in the last general election of the City, or who may have since become qualified and registered shall be qualified to vote in said referendum election. Dated the day of , A.D. , 1992 . City Clerk" The form of ballot to be used at said election shall be as follows: SPECIAL REFERENDUM DATE CITY OF ATLANTIC BEACH Shall the Charter of the City of Atlantic Beach be amended to prohibit a City Commissioner from being appointed City Attorney during the term for which he was elected or within one (1) year after the expiration of his term. Yes for approval No for rejection Section 3 . This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 14th day of October, 1991. PASSED by the City Commission on second . . . final reading this 28th day of October, 1991. ATTEST: ` I / AL A . 1A.\._//_ N UR�FEIDN KING-- -1± 5' WILL' AM I. GUL ' FIR City Clerk Mayor, Presiding o f Approved as to form and correctness: 0. •N C. JENSEN .' QUIRE City Attorne