Item 7EAGENDA ITEM # 7E
AUGUST 11, 2008
ORDINANCE NO. 33-08-15
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CALLING FOR A REFERENDUM TO AMEND SEC 5 OF THE CITY
CHARTER TO REMOVE THE REQUIREMENT THAT
COMMISSIONERS RESIDE IN SPECIFIC DISTRICTS, TO REQUIRE
THE COMMISSION TO ASSIGN COMMISSION SEATS TO REPRESENT
DISTRICTS, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Calling for referendum election amending Charter.
A referendum shall be added to the election ballot on November 4, 2008, to amend Sec. 5
of the Charter of the City of Atlantic Beach, Florida, to read as follows:
"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 s-Section 6 of this Charter, elected
at large without regard for any designation of political party affiliation. The seats
shall be known as seats 1 through 5 respectively, and seat 1 shall be designed as
the mayor-commissioner. Seats 2 through 5 shall be designated as district
commissioners, with each commissioner representing one (1) district. The four (4)
districts and which commissioner shall represent each district shall be created using
the precinct lines existing as of November, 2007, as a beginning point, shall be
established by ordinance prior to January 1, 2009, 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
(2) year terms; and any elected or appointed to commission seats 2 through 5 shall
not serve more than two (2) consecutive four (4) year terms. Serving any part of a
term shall be 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. Form of Ballot and Election Question.
The form of ballot and election question to be used in said election shall be as
AGENDA ITEM # 7E
AUGUST I I, 2008
follows:
CHARTER ELECTION BALLOT
November 4, 2008 CITY OF ATLANTIC BEACH
BALLOT TITLE: Amending the Charter to remove the requirement that
commissioners reside in specific districts.
BALLOT SL1PyIMARY: Amending Sec. 5 of the Charter to provide that city
commissioners serving in Seats 2 through 5 shall be elected at large, shall be designated as
district commissioners, require that the city commission assign commission seats to districts prior
to January 1 of 2009 and eliminate the requirement for commissioners to reside within the district
to which they are elected to serve.
Shall the above Charter amendment be adopted?
Yes (approve amendment)
No (reject amendment)
SECTION 3. Effective date of Charter amendment.
If approved by a majority of the voters at the election on November 4, 2008, then the
Charter amendment shall take effect immediately.
SECTION 4. Effective date of this Ordinance.
2008.
This Ordinance shall take effect immediately upon its fmal passage and adoption.
PASSED by the City Commission on first reading this day of
PASSED by the City Commission on second and final reading this day of
2008.
ATTEST:
DONNA L. BARTLE, CMC JOHN S. MESERVE
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Ordinance No. 33-08-1 S