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Ordinance No. 28-92-4 ORDINANCE NO. 28-92-4 AN ORDINANCE AMENDING ORDINANCE NO. 28-91-1, RELATING TO LIMITING THE TERMS OF MAYOR-COMMISSIONER AND CITY COMMISSIONERS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission passed Ordinance No. 28-91-1 on second and final reading on October 28, 1991, and WHEREAS, Ordinance No. 28-91-1 proposed an amendment to Article II, Section 5, of the City Charter to limit the terms of Mayor-Commissioner and City Commissioners, and WHEREAS, the City Commission desires to amend Ordinance No. 28-91-1 in order to clarify certain provisions thereof. NOW THEREFORE, be it ordained by the City Commission of the City of Atlantic Beach, Florida: SECTION 1. Ordinance No. 28-91-1 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: * * * * * * * * * * * * "SECTION 1. That the following proposed amendment to Article II, The Commission, Section 5, Number, selection, term, of The Charter of the City of Atlantic Beach, Florida, be submitted to the electors of Atlantic Beach: "Sec. 5a. Anyone elected or appointed to the position of Mayor-Commissioner of the Atlantic Beach City Commission shall not serve more than four (4) consecutive two (2) year terms. Anyone elected or appointed to the position of City Commissioner of the Atlantic Beach City Commission shall not serve more than two (2) consecutive four (4) year terms. Serving any part of a term shall be considered a full term. However, 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 (2) year terms. " SECTION 2 . If a majority of the electors voting on the proposed amendment shall vote in favor thereof, it shall immediately thereupon be an ordinance of the City. Said ordinance shall apply to any Mayor-Commissioner or City Commissioner elected or appointed after said. SECTION 3 . 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 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 providing for limiting the terms of Mayor-Commissioner to four (4) consecutive two (2) year terms, and City Commissioners to two (2) consecutive four (4) year terms. 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 3rd day of November , A.D. , 1992 . City Clerk" SECTION 4 . Form of Ballot. 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 provide for limiting the number of terms for Mayor-Commissioner to four (4) consecutive two (2) year terms, and City Commissioners to two (2) consecutive four (4) year terms. Shall the above Ordinance be adopted. Yes for approval No for rejection" * * * * * * * * * * * * SECTION 2 . This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 17th day of August, 1992 . PASSED by the City Commission on second ' .al reading his 24th day of August , 1992 ATTEST: I I, -A, / MAUREEN KING �� WIL IAM I . GULLIF•RD City Clerk. Mayor, Presiding Offl •ter Approved as to form and correctness: `/I`/ ',iii "`ThN C. SEN, ESQUIRE City A j:rney TOMMIE R. BELL Supervisor of Elections � 0, a oc cam' ✓�C4 SONvIk_v(c December 9 , 1992 Honorable William Gulliford Mayor-Commissioner Atlantic Beach City Hall Atlantic Beach, Florida 32233 ATTENTION: Maureen King City Clerk Dear Mayor Gulliford: I TOMMIE R. BELL , SUPERVISOR OF ELECTIONS hereby certify the official results of The Special Referendum, titled Terms of Mayor-Commissioner and Commissioners for the City of Atlantic Beach, Florida placed on the General Election ballot held November 3, 1992 to read as follows: FOR: 3,863 votes AGAINST: 754 votes The attached election results have been placed on file in the Office of Secretary of State, Tallahassee, Florida and the Office of Supervisor of Elections , Duval County, Florida. Since ely, Q lam- Mr. ) TOMMIE R. BELL Supervisor of Elections TRB/bt Enc. SEAL: MEM comficAcrri AREA CODE 904 /630-1410 / 105 E. MONROE STREET /JACKSONVILLE, FLORIDA 32202 "W