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Item 7BAGENDA ITEM # 7B AUGUST 25, 2008 ORDINANCE NO. 33-08-15 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REF~UM TO AMEND SEC 5 OF THE CITY CHARTER TO REMOVE THE REQUIREMENT THAT COMMISSIONERS RESIDE IN SPECIFIC DISTRICTS, TO REQUIRE THE COMMISSION TO ASSIGN COMMSSION SEATS TO REPRESENT DISTRICTS, AND PROVIDING AN EFFEC:IIVE 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 C:hazter. 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 Belch, Florida, to read as follows: "Sec. 5. Number of commissioners; selection; term. The city commission s1~a11 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 far 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-oommissior~. 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 teens for seals 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 caq~city 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 # 7B AUGUST 25, 2008 follows: CHARTER ELECTION BALLOT November 4, 20~ CITY OF ATLANTIC BEACH BALLOT TITLE: Amending the Charter to remove the requirement that issioners reside in specific districts. BALLOT SIf1VIl4IARY: Amending Sec. 5 of the Chatter 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 2409 atxi eliminate the requirement for cotnmissionets 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 amendmen. 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. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 1 lth day of August, 2008. PASSED by the City Commission on second and final reading this 25~' day of August, 2408. ATTEST: DONNA L. BARTLE, CMC JOHN S. MESERVE City Clerk Mayor, Presiding Officer Approved as to form and cx~ri+ectr~ess: ALAN C. JENSEN, ESQUIRE City Attorney Ordinance No. 33-08-1 S