Ordinance No. 33-07-13AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CALLING FOR A REFERENDUM TO AMEND SECTIONS 14, 39, 40, 41
AND 43 OF THE CITY CHARTER TO ESTABLISH A NEW SCHEDULE
FOR CITY ELECTIONS, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
fiF.c:TT()N ~ _ Calling for a referendum election amending Charter.
A referendum shall be added to the election ballot on October 2, 2007, to amend Sections
14, 39, 40, 41 and 43 of the Charter of the City of Atlantic Beach, Florida, to read as follows:
"Sec. 14. Induction of city commission into office; meetings of the city commission.
After each general election, the newly elected city commission shall
assume the duties of office at the regularly scheduled meeting of the city
commission held at 7:15 p.m. the second Monday in November. All other regular
meetings of the city commission shall be fixed by ordinance, but there shall not be
less than one regular meeting each month. Except as provided by Florida's
Government-in-the-Sunshine Law (F.S. 286.011), all meetings of the city
commission shall be open to the public."
"Sec. 39. Nominations.
Any elector of the city having the additional qualifications and limitations
as set forth in Article II, Section 6, may be nominated for a seat in the city
commission. Such nomination shall be only by petition. A petition for this
purpose shall be signed by not less than ten (10) qualified electors of the city. The
signatures on the nominating petition need not all be subscribed on one paper.
Each separate paper shall have affixed a signed statement of the circulator thereof
stating the number of signers of such paper and that each signature appended
thereto was made in the presence of the circulator and is the genuine signature of
the person whose name it purports to be. Each signer, including the circulator,
shall provide his/her place of residence, including the street and number. The
form of the nomination petition shall be substantially as follows:
"We, the undersigned electors of the City of Atlantic Beach hereby
nominate whose residence is
for the office of Commissioner, Seat No. ,
to be voted for at the election to be held on the day of ,
A.D., and we individually certify that our names appear on the rolls of
registered voters, and that we are qualified to vote for a candidate for the city
commission.
Name, street and number address from which last date of registered (if different)
signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
I the undersigned is the circulator of the forgoing paper containing
signatures. Each signature appended thereto was made in my presence and is the
genuine signature of the person whose name it purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS: ~~
Any signature made earlier than the fifteenth of August next preceding the
election shall be void. All nominating papers comprising a petition shall be filed
as one instrument with the city clerk, no earlier than 12:00 noon on the first
Tuesday of September, nor later than 12:00 noon on the second Tuesday of
September, before the election. The city clerk shall make a record of the exact
time at which each petition is filed, and shall take and preserve the name and
address of the person by whom it is filed. No nominating petition shall be
accepted unless accompanied by a signed acceptance of the nomination in
substantially the following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No. on the city
commission and agree to serve if elected.
SIGNATURE OF CANDIDATE
Within two days after the filing of a nominating petition, the city clerk
shall notify the candidate and the person who filed the petition whether or not it is
found to be signed by the required number of qualified electors. If a petition is
found insufficient, the city clerk shall return it immediately to the person who
filed it with a statement certifying wherein the petition is found insufficient.
Within the regular time for filing petitions, such a petition may be amended and
filed again as a new petition, in which case the time of the first filing shall be
disregarded in determining the validity of signatures thereon, or a different
petition may be filed for the same candidate. The petition of each person
nominated to be a member of the city commission shall be preserved by the city
clerk until the expiration of the term of office for which the candidate has been
nominated.
"Sec. 40. Elections; Primary.
A primary election for the nomination of candidates for the office of city
commissioner of the city shall be held every two (2) years on the first Tuesday in
October, for each seat on the city commission which shall become vacant, at 7:15
p.m. on the second Monday in November of the same year. The two candidates
Ordinance No. 33-07-13 Page 2 of 4
for each seat to be filled receiving the greatest number of votes in said primary
shall be certified as candidates or nominees at the general election, provided,
however, that should any candidate receive at such primary election a majority of
all votes cast, he shall be declared regularly elected and shall not be required to
enter the general election as hereinafter provided. However, should only one
candidate be nominated for a particular seat, an election for that seat will not be
required and the unopposed candidate shall be declared elected to the office of city
commissioner.
"Sec. 41. Elections; General.
At a regular or general election of candidates or nominees to the office of
city commissioner shall be held every two years on the first Tuesday in
November, unless all vacancies have been determined by the primary election in
accordance with Section 40 of this Charter. The candidate or nominee receiving
the majority of votes for each seat at such general election .shall be declared
elected. In the event of a tie between two candidates in the general election the
candidates shall draw lots in accordance with F.S. 100.181 to determine the
winner.
"Sec. 43. Elections; Canvass of returns.
The polls shall open at seven o'clock a.m. and shall close at seven o'clock
p.m. or as otherwise provided by Florida Statutes. The result of the voting, when
ascertained, shall be certified by return duplicate, signed by the clerk and a
majority of the inspectors of the election. One copy shall be delivered by the
election clerk to the mayor-commissioner and the other to the city clerk, both of
whom shall transmit such returns to the city commission at its regular meeting on
the second Monday in October for primary election and, if needed, the second
Monday in November for general election. At such meeting, the city commission
shall canvass the returns and the result as shown by such returns shall be declared
by the city commission to be the result of the election. The city clerk shall, not
later than noon on the second day after the canvass of said election, furnish a
certificate of election to each person shown to have been elected.
CF,C`.TTnN ~._ Form of Ballot and Election Question.
follows:
The form of ballot and election question to be used in said election shall be as
CHARTER ELECTION BALLOT
October 2, 2007
CITY OF ATLANTIC BEACH
RAT,T,nT TTTT F; Amending Sections 14, 39, 40, 41 and 43 of the Charter to
establish a new schedule for city elections.
BAT.T,nT cTrnmvTARY: Amending five (5) sections of the Charter as follows:
Ordinance No. 33-07-13 Page 3 of 4
(1) Sec. 14: Changing meeting date for installation of newly elected city
commissioners from the first Tuesday of November to the second Monday
in November.
(2) Sec. 39: Changing qualifying dates for city elections from beginning
second Tuesday in September and ending third Tuesday in September to
beginning first Tuesday in September and ending second Tuesday in
September.
(3) Sec. 40: Changing date city commission seats become vacant from
first Tuesday in November to second Monday in November.
(4) Sec. 41: Changing date of general election from third Tuesday in
October to first Tuesday in November.
(5) Sec. 43: Changing date city commission canvasses election returns
from immediately after election on election night to the regularly scheduled
meeting of city commission on the second Monday in October for primary
election and, if needed, the second Monday in November for general
election.
Shall the above Charter amendments be adopted?
Yes (approve amendments)
No (reject amendments)
~F["rrn~v '~_ Effective date of Charter amendments.
If approved by a majority of the voters at the election on October 2, 2007, then the
Charter amendments shall take effect immediately following the 2007 municipal elections.
cF["rT(~rt 4_ Effective date of this Ordinance.
This Ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this 13~' day of August, 2007.
PASSED by the City Commission on second and final reading this 27~' day of August,
2007.
ATT T:
~~~Q
DONNA L. BUSSEY
City Clerk
as to form and correctness:
. JENSEN, ESQUIRE
~~~ ~,
DONALD M. WOLFSON
Mayor, Presiding Officer
Ordinance No. 33-07-13 Page 4 of 4