1957 Bill 705 v e .1 k i
Senate Bill No. 705
AN ACT TO INCORPORATE THE CITY OF ATLANTIC BEACH,
FLORIDA IN DUVAL COUNTY, AND 'Its PROVIDE FOR ITS
GOVERNMENT AND PRESCRIBE ITS JURISDICTION, POWERS,
PRIVILEGES AND IMiUNITIES, AND TO ABOLISH THE
PRESENT MUNICIPALITY OF THE TOWN OF ATLANTIC
BEACH, AND PROVIDING FOR A REFERENDUM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
ARTICLE I
INCORPORATION: FORM OF GOVERNMENT: POWERS:
SECTION 1. PRESENT MUNICIPAL CORPORATION OF TOWN
OF ATLANTIC BEACH ABOLISHED:
The present municipal corporation of the Town of
Atlantic Beach in Duval County, Florida, is hereby abolished.
SECTION 2. INCORPORATION OF CI`T'Y OF ATLANTIC BEACH:
A municipal corporation to be known and designated
as the City of Atlantic Beach is hereby established, organ-
ized and constituted in the County of Duval and State of
Florida, and its territorial boundaries shall be as follows:
Beginning at a point on the beach of the Atlantic
Ocean, as shown on a map of a part of a Subdivision "A",
Atlantic Beach, Plat Book 6, Page 1, of Duval County Records,
where the north side of an unnamed street north of Blocks
62, 63, and 64, as shown on said map, and known as 16th
Street would, if prolonged, intersect with low water mark of
said Atlantic Ocean; running thence westerly along the north
line of said 16th Street to the intersection of said line
with the northern boundary line of Section 16, Township 2
South, Range 29 East; running thence westerly along said
northerly boundary and along the northerly boundary line of
Section 17 in said Township and Range to the northeasterly
7p 3 corner of unsurveyed Section 18, in said Township and Range;
running thence southerly along the U . S. Government meander
line of the Pablo Crt:(-k: :,alt 1e1 un al:so t:he easterly
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boundary line of said unsurveyed Section 18 and the east-
erly boundary line of unsurveyed Section 19 in said Township
and Range, to the intersection of the last mentioned lines
with a line 16 feet northerly of, measured at right angles
from and parallel to the centerline of Atlantic Boulevard;
running thence easterly along said parallel line and a pro-
longation of same to the point of intersection of said pro-
longation with the low water mark of said Atlantic Ocean;
and running thence northerly along said low water mark of
the Atlantic Ocean to the point or place of beginning; /and
jurisdiction of the waters of the Atlantic Ocean two miles
from the low water mark between the north and south lines of
said City as above described, projected easterly two miles;
and police jurisdiction for traffic control purposes over
Atlantic Boulevard from the Atlantic Ocean to the westerly
limits of said City as hereinbefore described; PROVIDED,
HOWEVER, that the Board of County Commissioners of Duval
County, Florida, is hereby authorized to construct and main-
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taln, within the territory hereinbefore described, any and
all streets, roads or highways that have, at any time hereto-
fore, been adopted as County Roads by the Board of County
Commissioners of Duval County, Florida, as it may deem
necessary and proper for the benefit of the public.
SECTION 3. FORM OF GOVERNMENT:
The municipal government provided by this charter
shall be known as "Commission-Manager Government" . Subject
only to the limitations imposed by the constitution and laws
of this state and by this charter, all powers of the City
shall be vested in an elective commission, hereinafter referred
to as "the City Commission", which shall enact local legis-
lation, adopt budgets, determine policies, and appoint such
city officials as are hereinafter prescribed. Except as
limited in this charter, the City Manager shall execute the
laws and administer the government of the City. All powers
of the City shall be exercised in the manner provided by this
charter, or if the manner be not provided then in such manner
as may be set forth by ordinance.
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SECTION 4. GENERAL POWERS:
The City shall have the powers, functions and
immunities granted to municipal corporations by the consti-
tution and general laws of this state, as now or herein- f
after existing, together with the implied powers necessary
to carry into execution all the powers granted. The enum-
eration of particular powers by this charter shall not be
deemed to be exclusive, and in addition to the powers enum-
erated herein or implied hereby, or appropriate to the ex-
ercise of such powers, it is intended that the City shall
have and exercise all powers which it would be competent for
this charter specifically to enumerate. The following are
among the powers of the said City, subject to the limita-
. tions hereinafter expressed:
(1) To purchase, lease, receive and hold property,
real, personal and mixed, both within and without its cor-
porate limits, and to lease, sell or otherwise dispose of
the same for the benefit of the City;
(2) To pass such ordinances as may be necessary
to protect and preserve peace and order upon all property
owned, leased, managed or controlled by the City outside its
corporate limits;
(3) To acquire by condemnation any property
necessary for public use, either within or without its cor-
porate limits;
(4) To levy, assess and collect taxes;
(5) To invest the surplus funds of the City;
(6) To borrow money and to issue bonds and revenue
certificates as security therefor;
(7) To license professions, businesses and occu-
pations carried on within its corporate lirhits and to levy
and collect license taxes upon the same;
(8) To furnish within and without its corporate
limits all local public services and utilities, and to levy
charges for the use of such services and utilities;
(9) To purchase, hire, construct, own, maintain
and operate or lease local public utilities; `
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(10) To Grant local public utility franchises and
rogUlste the exerciuc thereof;
(11) To define, prevent and abate nuisances;
(12) To exercise all police powers granted to mu-
nieipalitiies by the constitution and laws of the State of
Florida, as now or hereinafter existing, and to adopt such
ordinances, rules and regulations as are necessary to main-
tain and preserve public health,. peace and welfare, in
eluding ord .raneee regulating the keeping of domestic and
other animals within Ito corporate limits, and to impose
penalties and forfeitures to carry the same into effect;
(13) To own, establish and operate hospitals, li-
braries, parks, airports, golf courses, and to sell or lease
suoh institutions or properties;
(i4) To construct, operate and maintain streets,
roads, alleys, sidewalks, and parking areas, and to regu-
late and control the use thereof;
(15) To regulate encroachments in, upon, over and
under streets, alleys, and sidewalks;
(16) To provide police, fire, sanitary and other
similar protection and services;
(17) To drain swamp and overflow lands within or
without the City for the betterment of sanitary conditions
within the City;
(18) To establish and regulate a uniform system of
employment practices so as to provide a permanent system of
civil service;
(19) To own and maintain cemeteries and crematories,
either within or without its corporate limits, and to regu-
late the use thereof;
(20) To regulate building and density of population,
and the nature, height, size and use of buildings and other
structures, for the purpose of promoting the health, safety,
morals or general welfare of its residents;
(21) To make local improvements, and to impose
and enforce liens for the payment of the same in accordance
with the general statutes of the state;
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(22) To prov:tdo a pen,,ion or retirement plan
for its officers and employees;
(23) To advertico and promote the interest of
the municipality and its residents through legitimate and
recognized means for the accomplishment of such purposes;
(24) To borrow money for a period not longer
than the remainder of the fiscal year in which the loan is
made, and this power shall be in addition to the other
powers to borrow money set forth in this charter, or grant-
ed by the general laws of this state;
(25) To control the development and use of
natural or artificial streams or bodies of water inside its
corporate limits;
(26) To dispose of seized, abandoned or captured
property.
ARTICLE II
THE COMMISSION
SECTION 5. NUMBER, SELECTION, TERM:
The City Commission shall consist of five (5)
electors of the City of Atlantic Beach, who shall have the
qualifications as defined in Section 6 of Article II of
this charter, elected at large, and who shall hold office
for two years. The seats shall be known as Seats 1 to 5,
respectively, and Seat 1 shall be designated Mayor-
Commissioner.
SECTION 6. QUALIFICATIONS AND DISQUALIFICATIONS:
Members of the City Commission shall have been
residents of. the City for one year, shall have the qualifi-
cations of electors in the City, and shall be freeholders
within the limits of the City. Members of the City Commission
• shall not hold any other public office, except that of
notary public, an office in the National Guard, or an office
in the organized reserve of the armed forces of the._ United •
States. Any member of the City Commission ceasing to possess
the foregoing qualifications, or who shall have been con-
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victed or who shall be convicted of a crime involving moral
turpitude, shall forfeit his office. Absence from four con-
secutive regular meetings of the City Commission shall
operate to vacate the seat of a member, unless such absence
is excused by the City Commission by resolution setting
forth the fact of such excuse duly entered upon the Minutes.
SECTION 7. SALARY:
The annual salary of Commissioners shall be
$120.00 until changed by ordinance, but shall not be in-
creased during the current term of Commissioners enacting
such ordinance.
SECTION 8. PRESIDING OFFICER; MAYOR:
The Commissioner elected as Mayor-Commissioner
shall preside at all meetings of the City Commission and
shall be recognized as head of the City government for
all ceremonial purposes and by the governor for purposes of
military law, shall, when directed to do so by the City
Commission, execute all instruments to which the City is a
party, unless otherwise provided by this charter or by _ .,.. ... _ ..
ordinance, but shall have no regular administrative duties
except as authorized in this charter. In the temporary
absence or disability of the Mayor-Commissioner his duties
shall be performed by the Mayor Pro-tem who shall be
appointed by the Commission from its own members.
SECTION 9. POWERS:
Except as otherwise provided in this charter,
all powers of the City, and the determination of all matters
of policy shall be vested in the City Commission. Without
limitation of the foregoing, the City Commission shall have
power to:
(1) Be the judge of the election and qualifi-
cations of its own members;
(2) Adopt a budget;
(3) Authorize the issuance of bonds, revenue
certificates, and other evidences of indebtedness;
(4) Appoint members of official boards or ad-
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visory groups;
(5) Adopt and modify the official map of the •
City;
(6) Regulate and restrict the height, number of
stories, and size of buildings and other structures, the
percentage of a lot that may be occupied, the size of yards,
courts, and other open spaces, the density of population,
and the location and use of buildings, structures, and land
and water for trade, industry, residence, or other purposes;
(7) Create a housing authority;
(8) Provide for an independent audit;
(9) Remit fines or other penalties imposed by
the municipal court;
(10) Pass ordinances and laws for the preser-
vation of the public peace and order, and impose penalties
for the violation thereof; provided, that the maximum penal-
ty to be imposed shall be a fine of not more than $1,000.00
and imprisonment for a period of time not longer than 90
days;
(11) Lease golf courses, hospitals, airports
and parks, or any portion thereof, after the City Commission
has passed an ordinance in which is stated the terms of the
lease;
(12) Sell golf courses, hospitals, airports, parks
and the public utility systems, or any portion thereof, now
owned by the City or hereafter acquired by it after the City
• Commission has passed an ordinance in which there is a find-
ing that public welfare no longer requires the operation of
any such facility and in which are stated the terms of sale,
and after such ordinance has been submitted to the qualified
voters of said City at an election called for that purpose,
which election shall be called and held as is herein pre-
scribed for bond elections;
(13) Provide rules and regulations for all pur-
chases and sales made for and in behalf of the City;
(14) Appoint, remove and fix the compensation of
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the City Manager, City Attorney, Municipal Judge, City
Prosecutor, City Comptroller, City Clerk, City Tax Assessor
and City Treasurer; and all other officers and employees
appointed by the City Commission;
(15) Appoint advisory boards;
(16) Exercise any right or authority given or
permitted by the constitution and the laws of the State of
Florida to City Commissions not inconsistent with the pro-
visions of this charter.
SECTION 10. APPOINTMENT OF CITY MANAGER:
The City Commission shall appoint an officer of
the City, who shall have the title of City Manager, and shall
have the powers and perform the duties provided in this
charter. No City Commissioner shall receive such appoint-
ment during the term for which he shall have been elected,
nor within one year after the expiration of his term.
SECTION 11. REMOVAL OF CITY MANAGER:
The City Commission shall appoint the City
Manager for an indefinite term, and may remove him by a
majority vote of its members. At least 30 days before such
removal shall become effective, the City Commission shall,
by a majority vote of sits members, adopt a preliminary reso-
lution stating that they intend to remove the City Manager.
The City Commission may, in its discretion, 'furnish the
City Manager in writing the reasons for such removal,
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and it may, in its discretion, give him a public hearing
upon the same before the City Commission, which public hear-
ing shall be held not earlier than 20 nor later than 30 days
after the adoption of such preliminary resolution. After
expiration of 30 days from the passing of such preliminary
resolution, the City Commission, by a majority vote of its
members, may adopt a final resolution of removal. By the
preliminary resolution the City Commission may suspend the
City Manager from duty, but shall in any case cause to be
paid him any unpaid balance of his salary, and his salary
for the time between the preliminary resolution and final
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resolution of removal.
SECTION 12. VACANCIES IN THE CITY COMMISSION:
If any vacancy occurs in the City Commission, the
City Commission shall elect within 15 days, by the affirma-
tive votes of not less than three members, an eligible per-
son to fill the vacancy until the next general election.
SECTION 11. CREATION OF NEW DEPARTMENTS OR
OFFICES; CHANGE OF DUTIES:
The City Commission by ordinance may create, change
and abolish offices, departments or agencies, other than the
offices, departments and agencies established by this charter.
With the exception of the City Clerk, and City Comptroller,
the City Commission may by ordinance assign additional func-
tions or duties to the offices, departments or agencies estab-
lished by this charter, but may not discontinue or assign to
any other office, department or agency any function or duty
assigned by this charter to a particular office, department
or agency.
SECTION 1,.44. INDUCTION OF CITY COMMISSION INTO
OFFICE; MEETINGS OF THE CITY COMMISSION:
After each general election, the newly elected
City Commissioners shall assume the duties of office at a
meeting of the City Commission held at 8:00 P.N . on the
first Tuesday in December. 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. All
official meetings of the City Commission shall be held at
the City Hall and be open to the public.
SECTION 15. CITY COMMISSION TO BE JUDGE OF
QUALIFICATIONS OF ITS MEMBERS:
The City Commission shall be the judge of the
election and qualifications of its members, and for such
purposes shall have power to subpoena witnesses and require
the production of records.
SECTION 16. RULES OF PROCEDURE: JOURNAL OF MINUTES:
The City Commission shall determine its own rules
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and order of business. It shall require a journal or
minutes of its proceedings to be kept and the journal or
minutes shall be open to public inspection.
SECTION 17. ORDINANCES:
In addition to such acts of the City Commission
as are required by statute or by this charter to be by
ordinance, every act of the City Commission establishing
a fine or other penalty, or providing for the appropri-
ation of funds, or for the contracting of indebtedness, or
for the sale of real property shall be by ordinance. The
enacting clause of all ordinances shall be: "BE IT ENACTED
BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA. "
SECTION 18. PROCEDURE FOR PASSAGE OF ORDINANCES;
FIRST READING:
Every ordinance shall be introduced in writing,
and after passage on first reading shall be publicly posted
at the City Hall at least once, together with a notice of
the time and place when and where it will be given a public
hearing and be considered for final passage. The posting
shall be at least five days prior to the time of its public .
hearing and final passage.
SECTION 19. SECOND READING; PUBLIC HEARING;
FURTHER CONSIDERATION; FINAL PASSAGE:
At the time and place so posted, or at any time
and place to which such hearing shall from time to time be
adjourned,, such ordinance shall be read in full and, after
such reading, all persons interested shall be given an
opportunity to be heard. After such hearing, the Commission
may finally pass such ordinance with or without amendment.
The second passage of any ordinance pursuant to this charter
shall be final and no further passage shall be required.
SECTION 20. FURTHER CONSIDERATION; FINAL PASSAGE:
After such hearing, the City Commission may
finally pass such ordinance with or without amendment, except
that if it shall make an amendment which constitutes a change
of substance, it shall not finally pass the ordinance until
it shall have caused the amended sections to be posted at
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when and where such amended ordinance will be further
considered, which poetinc :;hall be at least five days
prior to the time stated . At the time so posted, or at
any time and place to which such meeting shall be adjourn-
ed, the amended ordinance shall be read in full, and a pub-
lic hearing thereon shall be held, and after such hearing
the City Commission may finally pass such amended ordinance,
or again amend it subject to the same conditions. The
second passage of any ordinance pursuant to this charter shall
be final and no further passage shall be required.
• SECTION 21. PUBLICATION OF ORDINANCES AFTER
FINAL PASSAGE; PERMISSIVE REFERENDUM:
After final passage every ordinance shall again
be posted in full, and, except as otherwise provided in this
charter, shall be subject to permissive referendum as pro-
vided in Article X of this charter. Every ordinance, unless
it shall specify another date, shall become effective at
the expiration of twenty days after such posting following
final passage, or if the ordinance be submitted at a refer-
endum election, then upon a favorable vote of a majority of
those voting thereon, except as otherwise expressly pro-
vided by this charter.
SECTION 22. EXCEPTION AS TO NEWSPAPER PUBLICA-
TION OF . ORDINANCES:
Notwithstanding the provisions of the foregoing
section, ordinances need not be published in a newspaper,
either before or after final passage. In lieu of publica-
tion of the ordinance, at least three (3) correct copies
thereof in the form in which it has been passed on its first
reading shall be made available- to public inspection in the
office of the City Clerk, and there shall be posted a notice
describing the ordinance in brief and general terms and
stating that it is available for public inspection in the.
office of the City Clerk, together with the time and place
when and where it will be considered for final passage; and
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after final passage there shall be posted a notice descr lb-
ing the ordinance in brief and general terms and stating
that it is available for public inspection in the office
of the City Clerk, and the date upon which it will take
effect, unless submitted. to referendum, in which event
that it will not take effect unless approved as required
by law.
SECTION 23. EMERGENCY ORDINANCES:
The City Commission by unanimous vote, may enact
,ordinances dealing with emergencies. Any new and unexpect-
ed condition or occurrence of a non-recurring nature, that
constitutes an immediate and serious menace to the public
welfare of the City, shall be deemed an emergency. When
no expenditure of City funds is entailed emergency ordi-
nances may be temporarily effective for a period of not
more than twenty days from the date of their passage on
their first reading; but such ordinances shall be subject
to all other provisions of this charter governing the en-
actment of ordinances, and if not finally adopted in the
manner herein provided shall expire at the end of the time
for which they are temporarily effective. An emergency
ordinance authorizing the expending of funds by the City
for other than a regular or recurring requirement, may be
effective upon any date fixed in the ordinance by the City
Commission; provided that the ordinance shall not author-
ize the expenditure in any manner of any greater sum than
the unexpended balances in the current contingent funds.
Every emergency ordinance shall set forth specifically the
conditions or occurrences that create the 'emergency, and
• shall be printed in full in the first issue of any newspaper
thereafter published and of general circulation in Duval
County, Florida, in addition to the other postings re-
quired herein, and shall be captioned as an emergency
ordinance. Failure on the part of the City Commissioners
to comply with the provisions of this section when enacting
emergency ordinances shall be ground for recall.
SECTION 24. INDEPENDENT ANNUAL AUDIT:
At the beginning of each fiscal year the
"Commission shall designate a certified public accountant
or a firm of certified public accountants , who, as of the
end of the fiscal year, shall make an independent audit
of accounts and other evidences of financial transactions
of the City government and shall submit a written report
to the Commission and to the City Manager. Such account-
ants shall have no personal interest, direct or indirect,
in the fiscal affairs of the City government or of any of
its officers. They shall not maintain any accounts or
records' of the City business, but, within specifications
approved by the Commission shall post-audit the books ' ^
and documents kept `by the City Comptroller and any sep-
arate or subordinate accounts kept by any other office,
department or agency of the City- government.
ARTICLE III
THE CITY MANAGER
SECTION 25. QUALIFICATIONS:
The City Manager shall be chosen by the City
. Commission solely on the basis of his executive and ad-
ministrative qualifications, with special reference to his
actual experience in, or his knowledge of, accepted
practice in respect to the duties of his office as here-
inafter set forth. At the time of his appointment, he ``i
need not be a resident of the City or state, but during
his tenure of office he shall: reside within the City.
SECTION 26. POWERS AND DUTIES;
The City Manager shall be the chief executive
officer and head of the administrative branch of the City
government, except as herein provided. He shall be
responsible to the City Commission: for the. proper admin-
istration of all affairs, except as otherwise provided in
this charter, of the City and to that end, subject to
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civil service or personnel provisions provided for in thi
charter, he shall have power and shall be required to:
(1) Appoint and, when necessary. fcr the good of
the City, remove all officers and employees of the City,
except as otherwise provided by this charter, and except
as he may authorize the head of a department or office to
appoint and remove subordinates in such department or office;
( Prepare the budget annually and submit it
to the City Commission, and be responsible for its ad-
ministration after adoption;
(3) Prepare and submit to the City Commission,
as of the end of the fiscal year, a complete report on
the finances and administrative activities of the City for
the preceding year;
(4) Keep the City Commission advised of the
financial condition and future needs of the City, and
make such recommendations as may seem to him desirable;
(5) Perform such other duties as may be pre-
scribed by this charter or required of him by the City
Commission, not inconsistent therewith.
SECTION. 27. ABSENCE OF THE CITY MANAGER:
To perform his duties during his temporary
absence or disability, the City Manager may designate,
by letter filed with the City Clerk, a qualified admin-
istrative officer 'of the City. In the event of the failure
of the City Manager to make such designation, the City
Commission may by resolution appoint an officer of the
City to perform the duties of the City Manager until he
shall return, or his disability shall cease.
SECTION 28. ADMINISTRATIVE DEPARTMENT'S:
There may be a department of finance, department
of personnel, and such other departments as may be estab-
lished by ordinance.
SECTION 29. DIRECTORS OF DEPARTMENTS:
At the head of each department placed under the
City Manager as provided herein, there�. shall be an officer
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of the City who shall have supervision and control of the
department subject to the City Manager. Except as herein
provided, two or more departments may be headed by the
same individual. The City Manager may head one or more
departments, and heads of departments may also serve as
chiefs of divisions.
SECTION 30. DEPARTMENTAL DIVISIONS:
The work of each department shall be distributed
among such divisions thereof as may be established by or-
dinance. Pending the passage of an ordinance or ordinances
distributing the work of departments under the supervision
and control of the City Manager among specific divisions
thereof, the City Manager shall establish temporary di-
visions.
ARTICLE IV
CITY COMPTROLLER, CITY CLERK
CITY TREASURER & CITY TAX ASSESSOR
SECTION 31. CITY CLERK:
The City Commission shall appoint an officer of
the City whoishall have the title of City Clerk. He
shall serve at the pleasure of the City Commission and
shall be under its direction and control. He shall re-
ceive a salary to be fixed by the City Commission. He
shall give notice of the meetings of the City Commission;
shall keep the minutes of its proceedings; shall be cus-
todian of the City's seal; shall authenticate by his sig-
nature and record in full in a book kept for that purpose
all ordinances and resolutions; shall perform the duties
of registration officer and shall perform any other duties
required by this charter. If a person qualified to fill
the positions be available, the office of City Clerk may,
at the discretion of the City Commission, be combined with
that of the City Comptroller and City Treasurer. Not-
withstanding any other provision of law, or of this charter,
the office of the City Clerk shall never be combined
with any office other than City Comptroller or City Treas-
urer, or given any other duties except those specifically
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delegated in this charter to either the City Comptroller
and City Treasurer. The City Clerk shall have the power
to administer oaths.
SECTION 32. CITY COMPTROLLER:
The City Commission shall appoint an officer of
the City who shall have the title of City Comptroller. He
shall serve at the pleasure of the City Commission and
shall be under its direction and control. He shall re-
ceive a salary to be fixed by the City Commission. He
shall have knowledge of accounting and shall have had ex-
perience in budgeting and financial control. If a person
qualified to f' ; 11 the positions be available, the office
of the City Comptroller may, at the discretion of the City
Commission, be combined with that of City Clerk and City
Treasurer. Notwithstanding any other provision of law,
or of this charter, the office of City Comptroller shall
never be combined with any office other than that of City
Clerk or City Treasurer, or given any other duties except
those specifically delegated in this charter to either the
City Clerk or City Treasurer. The City Comptroller shall
have power and be required to:
(1) Exercise financial budgetary control over
every department, board, commission, and agency o'f the City
to insure that all moneys are legally expended, and that
budget appropriations are not exceeded;
(2) Prescribe the forms of accounting and the
forms of receipts, vouchers, bills, claims or other forms
to be used by all the offices, boards, commissions, and
agencies of the City government, in and about its fiscal
affairs;
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(3) Audit all bills, invoices, payrolls and
other evidences of claims, demands or charges against the
City government;
(4) Inspect and audit any accounts or records
which may be maintained in any office, department or agency
of the City government.
i j
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6t.CTION J3. CITY TAX t,S ;Solt:
The City Coinmi,ssion shall appoint an officer of
the City who shall have the title of City Tax Assessor. He
shall serve at the pleasure of the City Commission and shall
be under its direction and control. He shall receive such
compensation as shall be fixed by the City Commission. He .
shall prepare tax maps, assess all properties within the
corporate limits of the City for taxation and shall perform
all the usual duties of a tax assessor. Notwithstanding
any other provision of law, or of this charter, the office
of City Tax Assessor shall never be combined with any other
office of the City.
SECTION 34. CITY TREASURER:
The City Commission shall appoint an officer of
the City who shall have the title of City Treasurer. He
shall serve at the pleasure of the City Commission and shall
be under its direction and control. He shall receive such
compensation to be fixed by the City Commission. He shall
collect, receive and account for all taxes, fees, or other
funds due the City and shall be custodian of such funds .
All funds of the City shall be deposited by the City Treas-
urer in such banks or depositories as may be directed from
time to time by the City Commission and shall be withdrawn
and disbursed from time to time In such manner as may be
provided by resolution of the City Commission. If a per-
son qualified to fill the position be available the office
may be combined with that of City Clerk and City Comptroller
at the discretion of the City Commission. Notwithstanding
any other provision of law, or of this charter, the office
of City Treasurer shall never be combined with any office
other than that of City Clerk or City Comptroller, or given
any other duties except those specifically designated in
this charter to either the City Clerk or City Comptroller.
-I j'-
' ,i
A tt'J.'1 C LE V
Da:.PAIt'1'hENT 01" FULLIC
SECTION 35. DIRECTOR OF PUBLIC SAFETY:
There shall be a Police Department and a Fire
Department; the supervisory head of which shall be the
Director of Public Safety, who shall be a Commissioner,
the City Manager, or any other qualified person as pro-
vided by ordinance. In the absence of such an ordinance
the City Manager shall be the Director of Public Safety.
SECTION 36. POLICE DEPARTMENT:
The Chief of Police shall be the head of the
Police Department and shall be appointed and removed by
the Director of Public Safety, subject to the approval
of the City Commission. He shall receive such compensation
as determined by the City Commission.
SECTION 37. CHIEF OF POLICE DUTIES AND
AUTHORITY:
It shall be the duty of the Chief of Police to
attend all meetings of the City Commission as required by
the City Commission; to aid in the enforcement of order and
to enforce the City's ordinances; to execute all papers
and processes of the City or its authorities; to attend munic-
ipal court during its sittings; to execute its commands and
to aid in the enforcement of order therein and to perform
such other duties as may be lawfully required of him. Sub-
ject to the authority and instruction of the City Commission
and under the supervision of the Director of Public Safety,
the Chief of Police shall have and exercise control over
the Police Department.
SECTION 38. CHIEF OF POLICE, HIS DEPUTIES;
POWERS AND AUTHORITY:
The Chief of Police and his deputies shall have
the power and authority to immediately arrest, with or with-
out warrant, and also to take into custody any person who
shall commit, threaten or attempt to commit, in his presence
or: iwt:thj.n hi,9_ view, _eny offense prohibited by the ordinances
and laws of the Cif;y of Atlantic Beach and shall without
unnecessary delay, bring the offenders before the municipal
court to be dealt with accordini, to law.
SECTION 39. FIRE DEPARTMENT:
The Fire Chief shall be the head of the Fire
Department and shall be appointed and removed by the Director
of Public Safety, subject to the approval of the City
Commission. He shall receive such compensation as deter-
mined by the City Commission.
SECTION 40. FIRE CHIEF; DUTIES AND AUTHORITY:
It shall be the duty of the Fire Chief to
attend all meetings of the City Commission as required by
the City Commission; to aid in the enforcement of all City
ordinances relating to the prevention and extinguishment
of fires and the protection of life and property within the
limits of the City of Atlantic Beach, and to execute all
papers and process of the City or its authorities relating
thereto, and to perform such other duties as may be law-
fully required of him. Subject to the authority and in-
struction of the City Commission and under the supervision
of the Director of Public Safety, the .Fire Chief shall
have and exercise control over the Fire Department.
ARTICLE VI
BUDGET
SECTION 41. FISCAL YEAR:
The fiscal year of the City government shall be
established by the City Commission by ordinance. Such fis-
cal year shall also constitute the budget and accounting
year for all funds of the City. As used in this charter
the term "budget year" shall mean the fiscal year for which
any particular budget is adopted and in which it is admin-
istered.
SECTION 42. PREPARATION AND SUBMISSION OF BUDGET:
The City Manager, at least thirty-five days prior
to the beginning of each budget year, shall submit to the
Rtt . -19- • 70
ett
r y
•
Commission a budget and an explanatory budget message in
the form and with the contents provided by Sections 53
through 62, inclusive . For such purpose, at such date
as he shall determine, he, or an officer designated by him,
shall obtain from the head of each office, department or
agency estimates of revenue and expenditure of that office,
department or agency, detailed by organization units and
character and object of expenditure, and such other support-
ing data as he may request; together with an estimate of
all capital projects pending or which such department head
believes should be undertaken (a) within the budget year
and (b) as requested within succeeding years. In preparing '
the budget, the City Manager shall review the estimates,
shall hold hearings thereon and may revise the estimates,,
as he may deem advisable.
SECTION 43. BUDGET A PUBLIC RECORD:
The budget and budget message and all supporting
schedules shall be a public record in the office of the
City Clerk open to public inspection by anyone.
SECTION 44. PUBLICATION OF NOTICE OF PUBLIC
HEARING:
At the meeting of the Commission which the budget
and budget message are submitted, the Commission shall de-
termine the place and time of the public hearing on the
budget, and shall cause to be published a notice of the
place and time, not less than seven days after date of pub-
lication, at which the Commission will hold a public hearing.
SECTION 45. PUBLIC HEARING ON BUDGET:
At the time and place so advertised, or at any
time and place to which such public hearing shall from time
to time be adjourned, the Commission shall hold a public
hearing on the budget as submitted, at which all interested
persons shall be given an opportunity to be heard, for or
against the estimates or' any item thereof.
SECTION 46. FURTHER CONSIDERATION OF BUDGET:
After the conclusion of such public hearing, the
Commission may insert new items of may increase or decrease
4 _. N, _ :`` ?�)_ 705
•
the items of the budget.
SECTION 147. BALANCE OF BUDGET:
After such hearing, the Commission may insert
the additional item or items , and make the increase or
increases, or to a lesser amount, but where it shall in-
crease the total proposed expenditures, it shall also in- •
crease the total anticipated revenue to at least equal
such total proposed expenditures.
SECTION 48. VOTE REQUIRED FOR ADOPTION:
The budget shall be adopted by the favorable
votes of at least a majority of all the members of the
Commission.
SECTION 149. DATE OF FINAL ADOPTION; FAILURE
TO ADOPT:
The budget shall be finally adopted not later
than the twenty-seventh day of the last month of the fie- •
cal year prior to the beginning of the next budget year.
Should the Commission take no final action on or prior to
such day, the budget, as submitted, shall be deemed to
have been f inalliadopted by the Commission.
SECTION 50. EFFECTIVE DATE OF BUDGET; CER-
TIFICATION;, COPIES MADE AVAIJABUJ,,,,
Upon the final adoption, the budget shall be
in effect for the budget year. A copy of the budget, as
finally adopted, shall be certified by the City Manager and
City Clerk and filed in the office of the City Comptroller.
The budget so certified shall be printed, mimeographed or
otherwise reproduced and sufficient copies thereof shall be
made available for the use of all offices, departments,
and agencies and for the use of interested persons and
civic organizations.
SECTION 51. BUDGET ESTABLISHES APPROPRIATIONS:
From the effective date of the budget, the several
amounts stated therein as proposed expenditures shall be and
become appropriated to the several objects and purposes there-
in named.
SECTION 52. BUDGET ESTABLISHES AMOUNT TO BE
RAISED BY PROPERTY TAX; CERTIFICATION TO TAXING AUTHORITY:
From the effective date of the budget, the 1
amount stated therein as the amount to be raised by proper-
ty tax shall constitute a determination of the amount of
the levy for the purposes of the City, in the correspond-
ing tax year. A copy of the budget as finally adopted
shall be certified by the City Manager and filed by him
with the officer, board, or commission whose duty it
shall be to levy such taxes for the corresponding year.
SECTION 53. BUDGET MESSAGE; CURRENT OPER-
ATIONS:
The budget message submitted by the City Manager
to the Commission shall be explanatory of the budget,
shall contain an outline of the proposed financial
policies of the City for the budget year and shall de-
scribe in connection therewith the important features of
the budget plan. It shall set forth the reasons for
salient changes from the previous year in cost and revenue
items and shall explain any major changes in financial
policy.
SECTION 54. BUDGET MESSAGE; CAPITAL IMPROVE-
MENTS:
As a part of the budget message, with relation to
the proposed expenditures for down payments and other pro-
posed expenditures for capital projects stated in the
budget, the City Manager shall include a statement of pend-
ing capital projects and proposed new capital projects,
relating the respective amounts proposed to be raised
therefor by appropriations in the budget and the respective
amounts, if any, proposed to be rasised therefor by the
issuance of bonds during the budget year.
SECTION 55. BUDGET MESSAGE; CAPITAL PROGRAM:
The City Manager shall also include in the
message, or attach thereto, a capital program of proposed
capital projects for such succec:d:Lni years as the Commission
z - OA)
1'C'Cj l.l_t..L (:•.
SECTION 56. BUDGET MESSAGE; SUPPORTING SCHEDULE:
Attached to the budget message shall be such
supporting schedules, exhibits and other explanatory ma-
terial, in respect to both current operations and capital
improvements, as the City Manager shall believe useful to
the Commission.
SECTION 57. BUDGET:
The budget shall provide a complete financial
plan for the budget year. It shall contain in tabular form:
(a) Detailed estimates of all anticipated rev-
enues applicable to proposed expenditures;
(b) All proposed expenditures.
The total of such anticipated revenues shall equal the to-
tal of such proposed expenditures.
SECTION 58. ANTICIPATED REVENUES:
Anticipated revenues shall be properly class-
ified as to source.
SECTION 59. ANTICIPATED REVENUES COMPARED WITH
OTHER YEARS:
In parallel columns opposite the several items
of anticipated revenues there shall be placed the amount of
each such item in the budget of the last completed fiscal
year, the amounts of such items actually received during
the year, the amount of each such item in the budget of the
current fiscal year and the amount actually received to the
time of preparing the budget plus receipts for the remain-
der of the current fiscal year estimated as accurately as
may be.
SECTION 60. SURPLUS:
Surplus shall include revenue receipts made
available by the lapsing of unencumbered appropriation
balances at the beginning of the budget year; receipts
from unanticipated miscellaneous revenues of the preceding
fiscal year; receipts from anticipated miscellaneous revenues'
of the preceding fiscal ycnr in excess of the estimates in
..• .... • • •• ..... •...
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• • • •• . . . D.
the budget; and r,,,ceiptti, during the previous fiscal year
from taxes or l:icuc _,gainst Which a complete ro2crve has
been established .
SECTION ol . ? upo„ a E2:Pi;NDIT'Uk(ES; COMPARISON
WITH OTHER Y.ARS:
In parallel columns opposite the several items
of proposed expenditures, there shall be placed the amount
of each such item in the budget of the last completed fis-
cal year, the amount of such items actually expended during
such year, the amount of each such item in the budget of
the current year and the amount actually expended to the
time of preparing the budget plus the expenditures for the
remainder of the current fiscal year estimated as accurate-
ly as may be.
SECTION 62. BUDGET SUMMARY:
At the head of the budget there shall appear
a summary of the budget, which need not be itemized fur-
ther than by principal sources of anticipated revenue,
stating separately the amount to be raised by property
tax, and by departments and kinds of expenditures, in such
a manner as to present to taxpayers a simple and clear
summary of the detailed estimates of the budget.
ARTICTJ VII
DEPARTMENT OF FINANCE
SECTION 63. DIRECTOR OF FINANCE; APPOINTMENT:
The City Commission may, at its discretion,
establish a Department of Finance, the head of which shall
be the Director of Finance, whose qualifications, powers,
duties and method of appointment shall be defined by ordi-
nance.
SECTION 64. WORK PROGRAMS; ALLOTMENTS:
Before the beginning of the budget year, the head
of each office, department or agency shall submit to the
City Manager, when required by him, a work program for the
year, which program shall show the requested allotments
of the appropriations for such office, department or agency,
... 5.5. • . IS 44444 5555
..V .v.. .... _.
•
by monthly period, for the entire budr,et your. The City
Manager shall review the Pque;sted allotments in the light
of the work program of the office, department or agency
concerned, and may revise, alter or change such allotments
before approving the same. The aggregate of such allot-
ments shall not exceed the total appropriation available
to said office, department or agency for the budget year.
SECTION 65. ALLOTMENTS CONSTITUTE BASIS OF
EXPENDITURES AND ARE SUBJECT TO REVISION:
The City Manager shall authorize all expenditures
for the offices, departments and agencies to be made from
the appropriation on the basis of approved allotments and
not otherwise. An approved allotment may be revised during
the budget year in the same manner as the original allot- •
ment was made. If, at any time during the budget year, the
City Manager shall ascertain that the available income,
plus balances, for the year will be less than the total
appropriations, he shall reconsider the work program and
allotments of the several offices, departments and agencies
and revise the allotments so as to forestall the making
of expenditures in excess of the said income.
SECTION 66. TRANSFERS OF APPROPRIATIONS:
At the request of the City Manager, by resolu-
tion, the Commission may at any time, transfer any unen-
cumbered appropriation balance or portion thereof between
general classifications of expenditures within an office,
department or agency, or transfer any unencumbered appro-
priation balance, or portion thereof, from one office, de-
partment or agency to another.
SECTION 67. WHEN CONTRACTS AND EXPENDITURES
PROHIBITED:
No officer, department, or agency shall, during
any budget year, expend or contract to expend any money or
incur any liability, or enter into any contract which by
its terms involves the expenditure of money, for any pur-
pose, in excess of the amounts appropriated for that gen-
eral classification of expenditure pursuant to this charter.
••. •... Y Y Y Y W * Y Y Y•
• • Y• Y Y Y Y -,l/' rr
Any contract, verbal or written, made in violation of
this charter shall be null and void. Any officer or em-
ployee of the City who shall violate this section shall be
guilty of a misdemeanor and, upon conviction thereof,
shall cease to hold his office or employment. Nothing in
this section contained, however, shall prevent the making
of contracts or the spending of money for capital improve-
ments to be financed in whole or in part by the issuance of
bonds, nor the making of contracts of lease or for ser-
vices for a period exceeding the budget year in which such
contract is made, when such contract is permitted by law.
SECTION 68. APPROPRIATIONS LAPSE AT END OF
YEAR:
All appropriations shall lapse at the end of
the budget year to the extent that they shall not have
been expended.
SECTION 69. FEES SHALL BE PAID TO CITY GOVERN-
MENT: "'
All fees received by an officer or employee
shall belong to the City government and shall be paid daily
to the City Treasury.
SECTION 70. DIVISION OF PURCHASES:
The City Manager or his appointed Purchasing
Agent, pursuant to rules and regulations established by or-
dinance, shall contract for, purchase, store and distribute
all supplies, materials and equipment required by any
office, department or agency of the City government. The
Purchasing Agent Shall also have power and shall be re-
quired to:
(1) Establish and enforce specifications with
respect to supplies, materials, and equipment required by
the City government;
(2) Inspect or supervise the inspection of all
deliveries of supplies, materials, and equipment, and de-
termine their quality, quantity and conformance with
specifications;
-P6-
(i) 110v,: clruz°�, . of such ��cncra.L st;ori roonra
and warehouses as the Commission may provide by ordinance;
(4) Transfer t ) or between offices, depart-
ments or agencies .
SECTION 71. COMPETITIVE BIDDING:
Before the City i Cana ;cr or his appointed Pur-
chasing Agent makes any purchase of or contract for supp,.ies,
materials or equipment, 1. shall give ample opportunity for
competitive bidding, under such rules and regulations, and
with such exceptions, as the Commission may prescribe by
ordinance .
SECTION 72. CONTRACTS FOR CITY IMPROVEMENTS:
Any City improvement costing more than $1,000.00
shall be executed by contract except where such improvement •
is authorized by the Commission to be executed directly by
a City Department in conformity with detailed plans, speci-
fications and estimates. All such contracts for more than
$1,000.00 shall be awarded to the lowest responsible bidder
after such public notice and competition as may be pre-
scribed by ordinance, provided the City Manager, with
approval of the City Commission, shall have the power to re-
ject all bids and advertise again. Alterations in any Con-
tract may be made when authorized by the Commission upon
the written recommendation of the City Manager.
SECTION 73. ACCOUNTING CONTROL OF PURCHASES:
All purchases made and contracts executed by the
City Manager or his appointed Purchasing Agent shall be pur-
suant to a written requisition from the head of the office,
department or agency whose appropriation will be charged,
and no contract or order shall be issued to any vendor un-
less there is to the credit of such office, department or
agency a sufficient unencumbered appronrir tion balance to
pay for the suppl1e s, materials, equipment or contractual
•
services for which the contract or order is to be :i Suod .
.`1 CTION VI . 110 C;OidT1„±C'i' 1?1;1',CU'1'Ia UNT11. _BOND
ORDIf /1-fCN ,'F! (TIV
11,) eont.l'ilej. :11111 n ,.
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00 7
b( kAcmctIL ( o hP Hd l;ir: � ,, ,i ;.ric" of L,,,r i:ira ; i.l
the ordinance authori;;.Ln, L11, i Inc( uL' .,uc1i bom1;,; ;h }.l].
have taken effect and any cunteact accui;Hd before such
day shall be unenforceable in any court of law.
SECTION 75• _`',IZ.RG _ivCY 1PPROPFtI1ATIONS:
it any time in any budget year, the Commission
may, pursuant to this Section, make emergency appropriations
to meet a pressing need for public expenditure, for other
than a regular recurring requirement, to protect the public
health, safety or welfare . Such appropriation shall be by
ordinance adopted by the favorable votes of at least four-
fifths of the members of the Commission, and shall be made
only upon recommendation of the City Manager.
SECTION 76. TEMPORARY BORROWING:
When deemed necessary the Commission may, by
ordinance, authorize the issuance of certificates of in-
debtedness or notes in anticipation of the collection of
taxes or of special assessments, provided that the amount
of such obligations, except as to special assessments,
shall at no time exceed one-half of one percent of the
assessed value of taxable property in the City according
to the last assessment roll preceding said loan. Such
obligations shall be a first lien upon the proceeds of such
taxes or assessments, and shall mature within thirty days
after such taxes or assessments become collectible.
ARTICLE VIII
DEPARTMENT OF PERSONNEL
SECTION 77. ESTABLISHMENT:
A Department of Personnel may be established by
ordinance. Such ordinance shall make provisions for a
personnel director, the qualifications, powers, and duties
of such director, the appointment of a Civil Service Board,
the qualifications, removal and vacancies of a Civil Service
Board, and defining the powors:;, duties and service of such
ARTICLE IX
ARTICLE IX
ELECTIONS
SECTION 78. ELECTIONS:
The City Commission shall, by ordinance, make all
regulations which it considers needful or desirable, not
inconsistent with this charter, for the conduct of munic-
ipal elections, and for the prevention of fraud therein.
Inspectors and clerks of elections shall be appointed
by the City Commission.
SECTION 79. ELECTORS:
Any person who is a qualified elector of the State
of Florida, and who has resided in the City for six months,
shall be an elector of this City.
SECTION 80. REGISTRATION OF VOTERS:
The City Clerk shall be the registration officer
for the City and shall register all persons applying to him
whose names are not already borne upon the registration
record and who are qualified as electors under the pro-
visions of this charter. For this purpose the registration
record shall always be open at the office of the City Clerk,
except that same shall be closed for five days before and
during the day of any City election. Each person applying
to be registered shall make the following oath, which will
be administered by the registration officer or his duly
appointed deputy: "I do solemnly swear (or affirm) that I
am twenty-one years of age, a resident of Florida for one
year, and of the City of Atlantic Beach for six months; that
I am a citizen of the United States and qualified to vote
under the constitution and laws of the State of Florida".
Any person taking such oath who shall swear falsely shall
be guilty of perjury. The name of each person so registered
shall be entered in a record prepared for that purpose,
which record shall show under appropriate heading, the age,
occupation, exact place of residence, other appropriate
identification data and whether the refzi:trant is a free-
holder. The City Comma.,>t,.ton may, by ordinance, provide for
revision of t.lac' rey;istvation 11 ;t
4� of votei,., when, in t lwir
opinion, a revision is necessary ,
SECTION 81 . NOMINATIONS:
Any elector of the City having the additional
qualifications and limitations as set forth in Article II,
Section 6, may be nominated for the Commission by petition.
A petition for this purpose shall be signed by not less than
ten (10) qualified electors. Each petition shall designate
the seat for which the candidate is nominated. The signa-
tures of the nominating petition need not all be subscribed
to one paper but to each separate paper there shall be
attached a signed statement of the circulator thereof,
stating the number of signers of such paper, and that each
signature appended thereto was made in his presence, and
is the genuine signature of the person whose name it purports
to be, With each signature, including the signature of the
circulator, shall be stated the place of residence of the
signer, giving the street and rtumbor or other description
sufficient to identify it. The form of the nominating pe-
tition shall be substantially as follows:
t"We, the undersigned electors of the City of
Atlantic each hereby nominate
whose residence is
for the orrice of Commissioner, Seat No. , to be
voted for at the election to be held on the day of
INVOONIVINWMINNIP
�_ _ ...._..._._M.__. .,..._,..m_..__, �._._._X.___ ____-.A• • ; and we individually cer-
tify that our names appear on the rolls of registered
voters, that we are qualified to vote for a candidate for
the Commission,
Name Street and Number Address from which last Date of
Registered (if Signing
different)
(SPACP, FOR SIGNATURES AND R.Er UIR :D DA'T'A)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the fare-
going 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 ho.
4 tn• •
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SIGNATURE OF CIRCULATOR
ADDRESS:
Any signature made earlier than the 15th day of
August next preceding the election shall be votd. All
nominating papers comprising a petition shall be filed as
one instrument with the City Clerk, not earlier than 12:00
Noon on the first Tuesday of September, nor later than
12:00 Noon on the third Tuesday of September, before the
election. The City Clerk shall make a record of the ex-
act 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 nominat. ! r,n for Seat No.
on the City Commission and agree to serve if elected.
(Signature of Candidate)"
Within five 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 in-
sufficient. 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 he has been nominated .
SECTION 82. ELECTIONS: PRIMARY:
A primary election for the nomination of candidates
for the office of Cit: Corwni:lnlonoi'., of the City, shall be
Yreld. � r:e �y the n Fv •04r' ,vtrti :; r,n t fiv; L ' no.;day in October
for each scat on the City Commission which shall become
vacant at eight o' clock P.M. on the first Tuesday in
December of the same year. The two candidates 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 clear majority
of all votes cast, he shall be declared regularly elected
and shall not be required to enter the general election
as hereinafter provided.
SECTION 83. ELECTIONS: GENERAL:
A regular or general election of candidates or
nominees to the office of City Commissioner shall be held
once every two years on the third Tuesday in October, un-
less all candidates or nominees for each seat shall have re-
ceived a majority of all votes cast for such seat in the
immediately preceding primary election, in which event such
primary election shall be considered the general election
for that year. The candidate or nominee receiving the
clear majority of votes for each seat at such general
election shall be declared elected. In the event of a tie
between two candidates for any seat upon the City Commission
in the general election, another election shall be held on
the Tuesday following the general election, and the two
candidates receiving the equal votes shall be the only can-
didates on the ballot for such general election.
SECTION 84. ELECTIONS; WRITING IN OF CANDIDATES:
In addition to the names printed on the ballots
for primary and general elections, there shall be printed
under each seat to be ,t;ed on at such election a blank line
upon which the electors may write in the name of some person
other than those printed on the ballot and cast their vote
for such person as a candidate for such seat. In event the
name of a single individual appears for more than one as a
"write in" or otherwise, on any ballot, such "write in" •
shall be void and shall not be counted for any candidate
SECTION 85. iu,,i';NT'EE VOTING:
Tho ri ftr
SECTION 85. A.L;;I'NT'E.E VOTING:
The City Commission shall, by ordinance, pre-
scribe procedures for absentee voting.
SECTION 86. ELECTIONS; GOVERNED BY STATE LAW OR
ORDINANCE:
Except as herein specifically provided, all elec-
tions in the City shall be conducted substantially on the
principles governing state elections, or as the City
Commission shall by ordinance prescribe.
SECTION 87. ELECTIONS; CANVASS OF RETURNS:
The polls shall open at seven o'clock A.M. and
shall close at seven o'clock P.M. The result of the voting,
when ascertained, shall be certified by return in duplicate,
signed by the Clerk and a majority of the inspectors of
the election, one copy being delivered by such Clerk and
inspectors to the Mayor-Commissioner and the other to the
City Clerk, both of whom shall transmit such returns to
the City Commission at its next regular meeting thereafter.
At such meeting the City Commission shall canvass the re-
turns and the results as shown by such returns shall be
by the City Commission declared as the result of the
election. The City Clerk shall, not Inter than noon of
the second day after the canvass of said election, furnish
a certificate of election to each person shown to have been
elected.
ARTICLE X
INITIATIVE AND REFERENDUM
SECTION 88. POW ' F INITIATIVE:
The electors shall have power to propose any ordi-
nance, except an ordinance appropriating money or authoriz-
ing the levy of taxes, and to adopt or reject the same at
the polls, such power being known as the initiative. Any
initiated ordinance may be. submitted to the Commission by
a petition signed by registered electors of the City equal
in number .to at least twenty-five per centum of the regis-
tered electors at the last regular municipal election.
... .... • • .. ..... .... -33- • . 70;
ECTION 69. rowi•.0 OP REFEHIUM:_
The electors shall have power to approve or re-
ject at the polls any ordinance passed by the Commission,
or submitted by the ComlnisL, Lon to a vote of the electors,
except as provided for Bond Ordinances, such power being
known as the referendum. Ordinances submitted to the
Commission by initiative petition and passed by the
Commission without change shall be subject to the refer-
endum in the same manner as other ordinances. Within
twenty days after the enactment by the Commission of any
' ordinance which is subject to a referendum, a petition
signed by registered electors of the City equal in number
to at least twenty-five per centum of the registered
electors at the last preceding regular municipal election
may be filed with the City Clerk requesting that any such
ordinance be either repealed or submitted to a vote of the
electors.
SECTION 90. FORM OF PETITIONS; COMMITTEE OF
PETITIONERS:
All petition papers circulated for the purpose of
an initiative or referendum shall be uniform in size and
style. Initiative petition papers shall contain the full
text of the proposed ordinance. The signatures to
initiative or referendum petitions need not all be appended
to one paper, but to each separate petition there shall be
attached a statement of the circulator thereof as provided
by this section. Each signer of any such petition paper
shall sign his name in ink or indelible pencil and shall
indicate after his name his place of residence by street
and number, or other description sufficient to identify
the place. There shall appear on each petition the names
and addresses of the same five electors, who, as a committee
of the petitioners, shall be regarded as responsible for
the circulation and filing of the petition. Attached to
each separate petition paper there shall be an affidavit
of the circulator thereof that he, and he only, personally
circulated the foregotnp, paper, that, It bears a stated num-
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ber of signatures, that all tic signatures appended thereto
were made in his presence, and that he believes them to be
the genuine signatures of the persons whose names they pur-
port to be.
SECTION 91. FILING, EXAMINATION AND CERTIFICATION
OF PETITIONS:
All petition papers comprising an initiative or
referendum petition shall be assembled and filed with the
City Clerk as one instrument,. Within twenty days after a
petition is filed, the City Clerk shall determine whether
each paper of the petition has a proper statement of the
circulator .and whether the petition is signed by a
sufficient number of qualified electors. The City Glen
shall declare any petition paper entirely invakld 14. 94
does not have attached thereto an affidavit s d b3v e
circulator thereof. If a petition :paper is found +t4 the
signed by more persons than the number of signatures ce.r-
tified by the circulator, the last signatures in excess of
the number certified all ;be ,disregarded. if a ,petitj.on
.Taper is found °to Abe Signed by fewer persons than the
number certi.fiiod, the signatures shall be :accepted ,unless
void on other grounds. After completing his examination
of the ,petition, the City Clerk shall certify the result
thereof to 'the Commission at its -next regular meeting.
If he shall certify that ,,the _petition is insufficient he
shall set forth in -his certificate the particulars .in
which it is defective and shall at once notify the committee
of the petitioners of his findings.
, SECTION 92. AMENDMENT OF PETITIONS:
An initiative or referendum petition may be amended
at any time within ten days after the - notification of in-
: sufficiency has been sent by the City. Clerk, by filing a
supplementary petition upon additional papers signed and
.filed as provided in case of an original petition. The
City Clerk shall, ,within five days after such an amendment
is filed, make examination of the amended petition, and,
if the petition be still insufficient, ho shall file his
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certificate to that p'i't ct; i.ri his office and notify the
committee of the petitions of his f indinf and no fur-
ther action shall be had on such insufficient petition.
The finding of the insufficiency of a petition shall not
prejudice the filing of a new petition for the same purpose.
SECTION 93. EFFECT OF CERTIFICATION OF REFERENDUM
PETITION:
When a referendum petition, or amended petition,
as defined in Section 92 of this Charter, has been cer-
tified as sufficient by the City Clerk, the ordinance
specified in the petition shall not go into effect, or
further action thereunder shall be suspended if it shall
have gone into effect, until and unless approved by the
electors, as hereinafter provided.
SECTION 94. CONSIDERATION BY COMMISSION:
Whenever the Commission receives a certified
initiative or referendum petition from the City Clerk, it
shall proceed at once to consider such petition. A pro-
posed initiative ordinance shall be read and provision shall
be made for a public hearing upon the proposed ordinance.
The Commission shall take final action on the ordinance
not later than sixty days after the date on which such
ordinance was submitted to the Commission by the City Clerk.
A referred ordinance shall be reconsidered by the Commission
and its final vote upon such reconsideration shall be upon
the question, "Shall the ordinance specified in the refer-
endum petition be repealed?"
SECTION 95. SUBMISSION TO ELECTORS:
If the Commission shall fail to pass an ordinance
proposed by initiative petition, or shall pass it in a form
different from that set forth in the petition therefor, or
if the Commission fails to repeal a referred ordinance,
the proposed or referred ordinance shall be submitted to
the electors not less than thirty days nor more than one
year from the date the Commission takes its final vote
thereon. The Commission may, in its discretion, and if no
regular election is to be held within : uch period, provide
•
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for a special election.
SECTION 96. FORM OF }ALLOT FOR INITIATED AND
REFERRED ORDINANCES:
Ordinances submitted to vote of the electors in
accordance with the initiative and referendum provisions
of this Charter shall be submitted by ballot title, which
shall be prepared in all cases by the director of law or
other principal legal adviser of the City. The ballot title
may be different from the legal title of any such initiated
or referred ordinance and shall be a clear, concise state-
ment, without argument or prejudice, descriptive of the
substance of such ordinance. The ballot used in voting
upon any ordinance, if a paper ballot, shall have below
the ballot title the following propositions, one above the
other, in the order indicated: "FOR THE ORDINANCE" and
"AGAINST THE ORDINANCE" . Immediately at the left of each
proposition there shall be a square in which by making a
cross (X) the elector may vote for or against the ordinance.
Any number of ordinances may be voted on at the same election
and may be submitted on the same ballot, but any paper
ballot used for voting thereon shall be for that purpose
only. If voting machines are used, the ballot title of any
ordinance shall have below it the same two propositions,
one above the other or one preceding the other in the order
indicated, and the elector shall be given an opportunity to
vote for either of the two propositions and thereby to vote
for or against the ordinance.
SECTION 97. AVAILABILITY OF LIST OF QUALIFIED
ELECTORS:
If any organization or group requests it for the
purpose of circulating descriptive matter relating to the
ordinance to be voted on, the board of elections or City
Clerk, or other office, department or agency of the City
having the list of qualified electors shall either permit
such organization or group to copy the names and addresses
of the qualified electors or furnish it with a list thereof.
705
SECTION 98. RESULTS OF ELECTION:
If a majority of the electors voting on a proposed
initiative ordinance shall vote in favor thereof, it
shall thereupon be an ordinance of the City. A referred
ordinance which is not approved by a majority of the elec-
tors voting thereon shall thereupon be deemed repealed. If
conflicting ordinances are approved by the electors at the
same election, the one receiving the greatest number of
affirmative votes shall prevail to the extent of such con-
flict.
SECTION 99. REPEALING ORDINANCES; POSTING:
Initiative and referendum ordinances adopted or
approved by the electors shall be posted, and may be
amended or repealed by the Commission, as in the case of
other ordinances.
ARTICLE' XI
RECALL
SECTION 100. RECALL PETITION:
Any or all members of the City Commission may be
removed from office by the electors by the following pro-
cedure: A petition for the recall of the City Commissioner
or Commissioners designated, signed by at least twenty-five
per centum of the qualified electors of the City who were
registered at the last regular municipal election, and con-
taining a statement in no more than two hundred words of
the reasons of the recall, shall be filed with the City Clerk,
who shall forthwith notify the City Commissioner or Com-
missioners sought to be recalled, and he or they, within
five days after such notice, may file with such City Clerk
a defensive statement in not exceeding two hundred words.
The City Clerk shall at once upon the expiration of said
five days cause sufficient number of typewritten copies of
such petition, without the signatures, to be made, and to
each of them he shall attach a printed or typewritten copy
of such defensive statement, if one is fuenjshed him within
the time stated. Ile shall cause cuplo ; of such petitions to
be plo.co . cats i] c; 111 convenient oU_u].lc till:
City Hall ,rovld.e fnc_�7.1t_Lca there for ni(.;nin
and he shall irt,lued.iately cri.ueo notice to be Dublinhcd in
some newspe per of general circulation in the City of the
placing of such copies of such petitions . Such copies of
such petitions shall remain on file in the place designated
for the period of thirty days , during which any of them may
be signed by an elector of the City in person; but not by
agent or attorney. Each signer of any such copy shall sign
his name in ink or indelible pencil and shall place there-
after his residence by street number, if a number has been
assigned to his residence.
SECTION 101 NOTICE:
At the expiration of said period of thirty days
the City Clerk shall assemble all of said conies in his
office as one instrument, and shall examine the same and
ascertain and certify thereon whether the signatures there-
to amount to at least twenty-five percent of the registered
electors of the City. If such signatures do amount to said
twenty-five percent, he shall at once serve notice of that
fact upon the City Commissioner or Commissioners desig-
nated in the petition, and also deliver to the City Com-
mission a copy of the original petition with his certificate
as to the percentage of registered electors who signed the
same and a certificate as to the date of his last mentioned
notice to the City Commissioner or Commissioners designated
in the petition.
SECTION 102. RECALL ELECTION:
If the City Commissioner or Commissioners or any
of them, file with the City Clerk within five days after
the last mentioned notice his or their written resignation,
the said City Clerk shall at once notify the City Commission
of that fact and such resignation shall be irrevocable,
and the City Commission shall proceed to fill the vacancy.
In the absence of any resignation the City Commission shall
forthwith order and fix a day for holding n. recall election
for the removal of those not rer,1gnin . Any such election
._39,.
shall be held not less than thirty days nor more than
sixty days after the expiration of the pur3.od of five days
last mentioned, and at the same time as any other general
or special election held within such period; but if no such
general or special election be held within such period, the
City Commission shall call a special election to be held
within the period aforesaid. Should the City Commission
fail or refuse to order an election as herein provided
within the time required such election may be ordered by
any court of competent jurisdiction.
SECTION 103. BALLOTS:
The ballots at such recall election shall conform
to the following requirements: With respect to each per-
son whose removal is sought, the question shall be submitted:
"Shall (Name of Person) be removed from the office of City
Commissioner by recall?", and immediately following each
such question there shall be printed on the ballots the two
propositions in the order here set forth:
"For the recall of (Name of Person)"
"Against the recall of (Name of Person)"
Immediately to the left of each of the propositions shall be
placed a square on which the electors, by making across
mark (X) may vote upon either of such propositions.
SECTION 1014. FILLING OF VACANCIES:
In any such election, if a majority of the votes
cast on the question of removal of any City Commissioner
are affirmative, the person whose removal is sought shall
thereupon be deemed removed from office upon the announcement
of the official canvass of that election, and the vacancy
caused by such recall shall be filled by the remainder of
the City Commission, according to the provisions of this
charter. If, however, an election is held for the recall of
more than one City Commissioner, candidates to succeed them
for the unexpired terms shall be voted upon at the same
election, and shall be nominated without primary election,
by petition signed by t+ n qualified electors of said City.
The petition shall contain mlme of such person whose
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name is presented for a place on the ballot, and that such
person is a candidate for the office of City Commissioner '
for the City, and each elector signing the petition shall
add to his signature his place of residence, with street
and number if a number has been assigned to his place of
residence, and the date of signing, and all signatures
shall be made with ink or indelible pencil. To such
petition shall be attached an affidavit of the circulator
thereof, stating the number of signers thereto, that
each person signed in his presence on the date mentioned,
and that the signature is that of the person whose name
it purports to be. Such petition shall be filed with the
City Clerk not less than fifteen days previous to the date
of such election. Any person whose name has been sub-
mitted for candidacy by any such petition shall file his
acceptance of such candidacy with the City Clerk not later
than ten days previous to such election; otherwise his
name shall not appear on the ballot. But no such nomi-
nating, petition shall be signed or circulated until after
the time has expired for signing the copies of the petition
for recall, and any signatures thereon antedating such
time shall not be counted.
SECTION 105. COUNTING THE VOTE:
Candidates shall not be nominated to succeed any
particular City Commissioner; but if only one City Com-
missioner is removed at such election, the candidate at
such election receiving the highest number of votes shall
be declared elected to fill the vacancy until the next
general election; and if more than one City Commissioner is
removed at such election the candidates at such election
with the highest number of votes, equal in number to the
number of City Commissioners removed shall be declared
elected to fill the vacancies until the next general
election.
SECTION 106. EFFECT OF RESIGNATION:
No proceedings for the recall of all the members of
the City Commission at the same election shall be defeated
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•
in whole or in part by the resigriati. . 11 of any or all of them,
but upon the resignation of any of them, the City Commission
shall have power to fill the vacancy until a successor is
elected, and the proceedings for the recall and election of
successors shall continue and have the same effect as though
there had been no resignation.
SECTION 107. MISCELLANEOUS PROVISIONS:
Except as herein otherwise provided, no petition
to recall any City Commissioner shall be filed within six
months after he takes office. The City Clerk shall pre-
serve in his office all papers comprising or connected with
a petition for a recall for the period of one year after the
same were filed. The method of removal herein provided is
in addition to such other methods as are or may be provided
by general law.
SECTION 108. OFFENSES RELATING TO PETITIONS:
No person shall falsely impersonate another, or
purposely write his name or residence falsely, in the sign-
ing of any petition for recall, or forge any name thereto,
or sign any such paper with knowledge that he is not a
qualified elector of the City. No person shall sign, or
knowingly permit to be signed, any petition for recall at
any place other than that designated by the City Clerk.
Any person violating any of the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon
conviction, be fined in any sum not to exceed $500.00, and
costs of prosecution, and may be imprisoned for not ex-
ceeding 60 days, or both, at the discretion of the municipal
court. The foregoing provisions shall not be held to be
exclusive of, but in addition to, all laws of the state
prescribing penalties for the same offenses or for other
offenses relating to the same matter.
ARTICLE XII
FRANCHISES
SECTION 109. GRANTING OF FRANCHISES:
The City shall have power to grant a franchise to
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• • • •• • • • • • • • ••• • ►�1 A�t�
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any private OP pubi.ic entui'pi. i s(, for Uhc, n"( (�;L' si,j e(:L1
and other public places In the furnishing of any public
utility service to the City and to its inhabitants . All
franchises and any renewals, extensions and amendments
thereto shall be granted only by ordinance, and under such
limitations as may be provided by laws of the State of
Florida. If the proposed franchise is for five years or
more, the ordinance approving said franchise shall not be
effective unless it is approved at a referendum in the
same manner as provided in this charter for the approval
of the issuance of bonds.
ARTICLE XIII
TAX ADMINISTRATION
SECTION 110. PROPERTY SUBJECT TO TAX; METHOD OF
ASSESSMENT:
All property within the City not expressly ex-
empted by law shall be subject to annual taxation at its
full cash value. The assessor shall begin the work of
assessing all property on and as of the first day of Jan-
uary of each year. On or before the first day of July of
each year, he shall present to the City Treasurer an assess-
ment roll of the property taxable within the City, together
with a true copy thereof to be known as the assessor' s du-
plicate. The City Treasurer shall make the assessment roll
available for public inspection during the pe=riod from the
first day of July to the first day of August.
SECTION 111. BOARD OF ASSESSMENT REVIEW; APPOINT-
MENT; VACANCIES:
There shall be a Board of Assessment Review to con-
sist of three members who shall be appointed by the City
Commission for a term of three years, except that of those
first appointed one shall be for a term of two years and
one for a term of one year, at such salary as may be deter-
mined by the Commission. Vacancies in the membership of
such board shall be filled by appointment by the Commission
for the unexpired term.
S,OTION WW1) .1�J 1\NV.Ll.�aG �
QUALIFICATIONS:
_._. ..._._..
(a ) All memb of Luch board shall be .selected
upon the basis of their knowledge oi' the subject of taxation
and property values and shall at the time of their appoint-
ment have been residents of the City for at least two
years immediately preceding and shall continue as residents
during their terms of office. If a member of such board
shall cease to be a resident his office shall thereby be-
come vacant.
(b) No member of the board shall hold any elected
public office.
SECTION 113. BOARD OF ASSESSMENT REVIEW POWERS
AND DUTIES:
The Board of Assessment Review shall have the
power to:
(1) Review on complaint of property owners assess-
ments for the purpose of taxation of property within the
City made by the City Assessor.
(2) Administer oaths.
(3) Take testimony.
(4) Hold hearings.
(5) Adopt regulations regarding the procedure
of assessment review.
Such board shall annually choose from its member-
ship a chairman and secretary, except that in lieu of one
of the members of such board serving as secretary the Com-
mission may authorize such board to appoint either a full-
time or a part-time non-member secretary and ?:o fix his
compensation. Such board shall have power within the limits
of its budget appropriation to employ such other necessnry
clerical a.scistanc and to omolo11 or contract for ouch
technical as;.istaocc. -n ,.
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SECTION ilk . PUBLIC HEARINGS ON COMPLAINTS:
Beginning the second day of July of each year and as
long thereafter as may be necessary the Board of 1essment
Review shall hear and determine the complaint of any person
in relation to the assessment roll. Complaints to the Board
of Assessment Review shall be in writing and under oath, but
the procedure before such board shall be informal and of a
nature calculated to effect equalization and justice as sim-
ply as possible. Hearings upon complaints shall be held in
the order received and as promptly after the filing thereof
as possible and the determination of the Board of Assessment
Review shall be made within twenty days after such filing.
Such determination shall be immediately certified by the
secretary of the board to the City Assessor, whose duty it
shall be to make such corrections upon the assessment roll
and duplicate as the board may determine. The City Assessor
shall thereupon immediately certify the assessment roll
and duplicate and deliver the same to the City Treasurer.
SECTION 115. APPEAL TO COURTS:
Appeal from the determination of the Board of Assess-
ment Review may be taken to a court of competent juris-
diction not later than thirty days after certification to
the City Assessor.
SECTION 116. CITY TREASURER'S BOND:
The City Treasurer shall, before the Delivery to
him of the assessment roll, and at the discretion of the
Commission, give a surety bond for such amount as they may
fix, for the faithful performance of his duties.
SECTION 117. EXTENSION OF TAX FOR CURRENT YEAR ON
ASSESSMENT ROLL:
After adoption of the current budget by the Com-
mission in accordance with the procedure prescribed in
Article VI of this charter and the dct rm.inaLion thereby of
the amount to br rai m r d by taxation, the City fl nsuj ee, upon
receipt of ',hr fi .r ..siuunt ,I,'tdI [Id tiup 1 t
ac;� .e 1'�viu the CI t '
Tax J1,4J( f..,(a:' :jl�li 1. c;Iu-, to I t ,, t, n& t1 utl tin a, . I111,'Ilt. rO_i L
1,111 iii (., t'iiI � Ii l.• 11 (I. III . '�'tl ,
ment it the> put ( nec.�u�:,:,:?.-py to r.<i,iso ttio required amount.
In each case where the extension 1s less than One Dollar
said extension shall be One Dollar.
SECTION 116. PREPAh ND DELIVERY OF TAX
BILLS:
As soon as the duplicauu is delivered to the City
Treasurer, he shall at once begin the work of preparing,
completing and mailing or otherwise delivering tax bills
to the owners of property assessed so far as such owners
are known and shall complete such work on or before the
first day of October. The validity of any tax or the time
at which the same shall be payable shall not be affected
by the failure of the Treasurer to mail or otherwise de-
liver a tax bill.
SECTION 119. DELINQUENT INSTALLMENTS:
No amounts received for taxes shall be applied to
any current year' s taxes until all previous year' s taxes
have been paid.
SECTION 120. DESCRIPTION OF TAX BILL:
Each tax bill shall contain a brief description of
the property, a statement of the valuation of the property
against which the tax is levied, the full amount payable,
and the discount available for prompt payment.
SECTION 121. TAXES; WHEN PAYABLE:
All taxes shall be due and payable on the first
day of November in each year, or as soon thereafter as the
assessment roll may come into the hands of the City Treasur-
er, of which he shall give notice by publication once a day
for four consecutive days in some newspaper published in
Duval County, Florida, or by posting said notice in the
City Hall and two other public places in said City, and
taxes remaining due and unpaid on the first day of April
thereafter shall be enforced as hereinafter in this charter
provided, and interest at the rate of 12 per cent per annum
from the first day of April shall be added thereto and
collected. The same discounts shall be allowed on tax
payments due the City as are allowed on tax payments due
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counties under the general statutes of the State of Florida.
SECTION 122. CONSTITUTE A LIEN:
Taxes and assessments together with the interest
imposed for delinquencies and cost of collection shall be
and continue a lien upon the property assessed, superior to
all other liens or claims, until the same shall be paid.
SECTION 123.• MAY ISSUE DISTRESS WARRANTS:
The City Treasurer shall have power to issue dis-
tress warrants in the name of the State and City to enforce
collection of taxes on personal property and privileges.
Such warrants may be executed by the Chief of Police or
any Constable or Sheriff, according to the method provided
by law for the collection of State and County taxes law-
fully assessed on personal property.
SECTION 124. COLLECTION OF TAXES:
The City Treasurer shall, unless otherwise provided,
proceed substantially in the same manner in the collection
of taxes on personal property and privileges as is provided
by State law for the collection of State and County taxes
assessed on such property.
If the taxes on real estate shall not be paid be-
fore the first day of April of any year, the City Commission
may require the City Clerk at any time thereafter, to make
from the assessment roll a separate copy of any assessment
thereon, remaining unpaid, showing the assessment of any lot,
parcel or tract of land as the same appears. from the City
assessment roll, which he shall certify to be a true and
correct copy from the City assessment roll of the assessment
of the lot, parcel or tract therein described, and deliver
the same to the attorney-at-law selected by the City Com-
mission for the collection, which certificate shall be prima
facie evidence of the contents of the assessment roll and of
the levies made thereon, in all suits to enforce the payment
of the lien for such taxes or assessments as may appear in
the said copy. The attorney charged with the collection
of any such tax may thereupon prepare and file in the office
.
•■ • , ` • •... . ..•
4. . . . .
of the Clerk of the Circuit Court of Duval County, Florida,
a suit in chancery in the name of the City, alleging Tile
City' s claim of lien against such real estate, and he
shall name as parties defendant to said suit, the parties
named as owners of such real estate on the copies from the
City' s assessment roll so certified to him, and such other
persons as the attorney may know or have satisfactory
reason to believe to be the owner of or interested in such
real estate, or to have any right thereto, or lien thereon,
and the City' s claim and lien for taxes and assessments,
shall be by the said court enforced by decree and sale of
the property against which a lien is found to exist, as
other liens are enforced in chancery.
The taxes or assessments on any number of different
tracts, pieces or parcels of land may be collected in one
suit, as the attorney for the City may determine. Upon a
collection of moneys due the City, payment shall be made,
first, of all court costs, including the cost of abstracts,
clerks ' , sheriff' s and master's and advertising fees;
second, of the amount due the City for taxes and interest,
and last, reasonable attorney's fees in connection with the
collection of said tax to be fixed by the court in its
decree.
SECTION 125. LICENSES:
The City Commission is authorized to levy and im-
pose license taxes by ordinance, for the purpose of regu-
lation and revenue, upon all occupations, and upon any and
all privileges, and to create and fix the amounts to be
paid; to provide for the collection of the same, and to
provide penalties for failure or refusal to pay such license
taxes. All such license taxes, so imposed, shall constitute
a legal indebtedness to the City, which may be recovered in
any court of competent jurisdiction. The City Commission
may, by ordinance, provide for licensing the keeping of
dogs, and for the destruction of dogs, the owner and keeper
whereof shall not comply with the regulations proscribed by
ordinance in effect thereto, and for the punishment of
lit 4414 1 . 44 4 ( 4 4 4 / 4 1 1
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1)t'P;;OI1.; V.Lc? Hi I; Lilt et',I ; 11;ewe , UU ti1L.1 :.;u ),jU_
l_ 'u -H101.) COVt )) hY LILT J!: :
Lie( nset-, shat 1 b i. sui e rU1' Lh : it r_i_odI; Ely d be
transferrable as provLded by orda.iteileLU . The ar:ent or
agents of non-resident proprietors shall be severally re-
sponsible for carrying on business in like manner as if
they were proprietors . The fact that any person, firm or
corporation reporting himself or itself as engaged in any
business calling, profession or occupation for the trans-
action of which a license is required, or that person, firm
or corporation exhibiting a sign or advertisement indicating
engagement in such business calling, profession or occupa-
tion, shall be conclusive evidence of the liability of such
person, firm or corporation to pay a license.
ARTICLE XIV
ZONING
SECTION 127. THE CITY MAY REGULATE BUILDING,
DENSITY OF POPULATION, AND THE LOCATION AND USE OF BUILD-
INGS, STRUCTURES AND LAND AND WATER:
For the purpose of promoting health, safety,
morals, or the general welfare of the City, the City may
regulate and restrict the height, number of stories, and
size of buildings and other structures, the percentage of lot
that may be occupied, the size of yards, courts, and other
open spaces, the density of population, and the location
and use of buildings, structures, and land and water for
trade industry, residence or other purposes .
Wherever the City Commission shall elect to exer-
cise any of the powers granted to it under this article,
said powers shall be exercised in the manner hereinafter pre-
scribed.
SECTION 12.8. DIVI ;ION OF CITY INTO DISTRICTS FOR
PUPdOSE> OF R CUL dTION:
1$'Q,:• any and all :Sid pu1.'i;o:lu the City Commission
may uivide the coi'povnt, nr'u,1 oi.' In CiLy into ti_Lt ;i'icts of
such 01 ' 'Y.', ���L00(', ;il'c ;i Itl;' y I1�' tI 'c'IUc`N sii.LLC'd to
9
•
carry. out, Llw l�t�i.�t, ,:,,•, E. i,41.1.:, itcL.i.c7u; and within ;Lich
distr.LeLu it may regulate and rustrict the cr(:ct.Lort, con-
struction, reconstruction, alt-ration, repair or use or
buildings, structure;.,, or land. All such regulations • -
shall be uniform for each class or kind of building
throughout each district, but the regulation in one dis-
trict may differ from those in other districts.
SECTION 129. PURPOSES IN VIEW IN MAKING REG-
ULATIONS:
Regulations shall be made in accordance with a
comprehensive plan and designed to lessen congestion in
the streets; to secure safety from fire, panic, and other.
dangers; to promote health and the general welfare; to pro-
vide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements.
Such regulations shall be made with reasonable consideration,
among other things, to the character of the district and
its peculiar suitability for particular uses, and with a
view to conserving the value of buildings and encouraging
the most appropriate use of land throughout the City.
SECTION 130. CITY TO PROVIDE PROCEDURE; REGU-
LATION, RESTRICTION OR BOUNDARY NOT EFFECTIVE UNTIL AFTER
PUBLIC HEARING THEREON; PUBLICATION OF NOTICE OF HEARING
REQUIRED:
The City Commission of said City shall provide
for the manner in which such regulations and restrictions
and the boundaries of such districts shall be determined,
established, and enforced, and from time to time amended,
supplemented, or changed. However, no such regulation,
restriction or boundary shall become effective until after
a public hearing in relation thereto, at which parties in
interest and citizens shall have an opportunity to be hetard. •
At least fifteen day ' uoLic.: of the time and place of such
hearing shall be published in ai nc•w:lpsper of t;cnoral cir-
culation in the City. Three notices shall be published in
at least three conspicuous places within the City in-
cluding the City Hall .
���t.O«., SECTION 131. REGULATION, RESTRICTION AND BOUN-
DARY SUBJECT TO CHANGE OR REPEAL; PROTEST OF CHANGE; VOTE
REQUIRED TO EFFECT CHANGE OVER PROTEST; PUBLICATION OF
NOTICE OF CHANGE REQUIRED:
Regulations, restrictions, and boundaries may,
from time to time, be amended, supplemented, changed, or
repealed. In case, however, of a protest against such
change signed by the owners of twenty per cent or more
Either of the area of the lots included in such proposed
change, or of those immediately adjacent in the rear
thereof extending five hundred feet therefrom, or of those
directly opposite thereto extending five hundred feet
from the street frontage of such opposite lots, such
amendments shall not become effective except by the
favorable vote of three-fourths of the City Commission of
said City. The provisions of Section 130 relative to
public hearings and official notice shall apply equally
to all changes or amendments.
SECTION 132. ZONING COMMISSION:
The City Commission shall appoint a commission,
to be known as the Zoning Commission, to recommend the
boundaries of the various original districts and appro-
priate regulations to be enforced therein. Such commission
shall make a preliminary report and hold public hearings
thereon before submitting its final report, and the City
Commission shall not hold its public hearings or take
action until it has received the final report of such
commission.
SECTION 133. BOARD OF ADJUSTMENT:
The City Commission may provide for the appoint-
ment of a Board of Adjustment, and in the regulations and
restrictions adopted pursuant to the authority of this
Article may provide that the said Board of Adjustment may,
in appropriate cars„ and .suh jeet to sppPopi'i;ate conditions
and s:.l.l & fi.i,wd:i, w:1ki ;gip c; i.:LL cx.c;u_[)L i_Or, to the: t( ruw of
the ordinance in harmony with it. L;cncraL t,urpw,e:
and intent and in accordance with L0nerra.l << epecific
rules therein contained .
SECTION 134. MEMBERS OF BOARD OF ADJUSTMENT:
The Board of Adjustment shall consist of five
members each to be appointed for a term of three years
and removable for cause by the City Commission upon
written charges and after public hearing. Vacancies
shall be filled for the unexpired term of any member
whose term becomes vacant.
SECTION 135. PROCEEDINGS OF BOARD OF ADJUSTMENT:
The Board shall adopt rules in accordance with
the provisions of any ordinance adopted pursuant to this
Article. Meetings of the Board shall be held at the
call of the Chairman and at such times as the Board may
determine. Such Chairman, or in his absence the acting
chairman, may administer oaths and compel the attendance
of witnesses . All meetings of the Board shall be open
to the public. The Board shall keep minutes of its pro-
ceedings, showing the vote of each member upon each
question, or, if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and
other official actions, all of which shall be immediately
filed in the office of the Board and shall be a public
record.
SECTION 136. APPEALS:
Appeals to the Board of Adjustment may be taken
by any person aggrieved or by any officer or bureau of the
City Commission affected by any decision of the adminis-
trative officer. Such appeal shall be taken within a
reasonable time, as provided by the rules of the Board,
by filing with the officer from whom the appeal is taken
and with the Board of Adjustment a notice of appeal
specifying the grounds thereof. The officer from whom
the appeal is taken shall forthwith transmit to the Board
all the papers con tituting the record upon which the
action appealed from was taken.
SECTION 137. STAY OF PROCEEDINGS:
An appeal stays all proceedings in furtherance of
the action appealed from, unless the officer from whom
the appeal is taken certifies to the Board of Adjustment
after the notice of appeal shall have been filed with him,
that by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life and
property. In such case proceedings shall not be stayed
otherwise than by a restraining order which may be granted
by the Board of Adjustment or by a court of record on
application, on notice to the officer from whom the appeal
is taken and on due cause shown.
SECTION 138. HEARING OF APPEAL; NOTICE REQUIRED:
The Board of Adjustment shall fix a reasonable
time for the hearing of the appeal, give public notice
thereof, as well as due notice to the parties in interest,
and decide the same within a reasonable time. Upon the
hearing any party may appear in person or by agent or by
attorney.
SECTION 139. POWERS OF BOARD OF ADJUSTMENT:
The Board of Adjustment shall have the following
powers:
(1) To hear and decide appeals where it is
alleged there is error in order, requirement, decision,
or determination made ',y an administrative official in the
enforcement of this Article or of any ordinance adopted
pursuant thereto.
(2) To hear and decide special exceptions to the
terms of the ordinance upon which such Board is required
to pass under such ordinance .
(3) To authorize ( ,on appeal in specific cases
such variance from the terms of the ordinance as will not
be contrary to the public interest, where, owing to special
c:;aditions, a literal enforconi uL of the provisions of the
ordinance will result In ulav,ce— L[•y hardship, and so
justice Code.
u cTioi'i 1.110. DLC_L) LO d OW L011 D:
In exercising, the ebov(m( ,(tioned powLrrs, such board
may, in conformity with the provisloi)s of this Article, reverse
or affirm, wholly or partly, or may modify the order, require-
ment, decision, or determination appealed from and may make
such order, requirement, decision, or determination as ought
to be made, and to that end shall have all the powers of the
officer from whom the appeal is taken. The concurring vote of
four members of the board shall be necessary to reverse any or-
der, requirement, decision or determination of any such admin-
istrative official, or to decide in favor of the applicant
on any matter upon which it is required to pass under any such
ordinance, or to effect any variation in such ordinance .
SECTION 141. PETITION MAY BE PRESENTED TO A COURT OF
RECORD WITHIN THIRTY DAYS AFTER FILING OF DECISION OF BOARD
SETTING FORTH ILLEGALITY:
Any person or persons, jointly or severally, aggriev-
ed by any decision of the Board of Adjustment, or any tax-
payer, or any officer, department, board or bureau of the
City Commission, may present to a court of record a petition,
duly verified, setting forth that such decision is illegal, in
whole or in part, specifying the grounds of the illegality.
Such petition shall be presented to the court within thirty
days after the filing of the decision in the office of the
board.
SECTION 142. WRIT OF CERTIORARI:
Upon the presentation of such petition the court may
allow a writ of certiorari directed to the Board of Adjustment
to review such decision of the Board of Adjustment and shall
prescribe therein the time within which a return thereto must
be made and served upon the relators attorney, which shall
not be less than ten days and may be extended by the court.
The allowance of the writ shall not stay proceedings upon
the decision appealed from, but the court may, on application,
on notice to the board and on due cause shown, grant a re-
straining order.
-- }wrR�r
f3g01'1UN.1 43,3, li il'ftc'N OF WRIT:
The `3orrd of Adjustment shfli not be renuired to
return the oriinrl pacer^ acted coon by it but it shall
be sufficient to return certified or sworn copies thereof
or of such portions thereof as may be called for by such
writ. The return shall concisely set forth such other facts
as may be pertinent and material to show the grounds of the
decision appealed from and shall be verified.
SECTION 1114. DECISIONS OF THE COURT; IT MAY TAKE
VTDENCE OR APPOINT A 11Ek'EREE:
If, upon the hearing, it shall appear to the court
that the testimony is necessary for the proper disposition
of the matter, it may take evidence or appoint a referee to
take such evidence as it may direct and report the same to
the court with his findings of fact and conclusions of law,
which shall constitute a part of the proceedings upon which
the determination of the court shall be made. The court may
reverse or affirm, wholly or partly, or may modify the decision
brought up for review.
SECTION 1.45, COSTS:
Costs shall not be allowed against the Board unless
it shall appear to the court that it acted with gross negli-
gence, or in bad faith, or with malice in making the decision
appealed from.
SECTION 146. ENFORCEMENT OF ORDINANCES OR REGULA_
TIONS UNDER THIS ARTICLE; PENALTIES FOR VIOLATION:
The City Commission may provide by ordinance for the
enforcement of this Article and of any ordinance and regula-
tion made thereunder, and may provide for the punishment of
any violation thereof by fine or imprisonment or both, and
also may provide civil penalties for such violation.
SECTION 147. LEGAL PROCEEDINGS MAY BE INSTITUTED IN
ADDITION TO OTHER REYEDIES PROVIDED FOR VIOLATION OF ARTICLE:
In case any building, or structure if erected, con-
.. • a_
in violation of thin Article or if any ordinance or oth(:r
regulation made under
in violation of this Article or if any ordinance Of othr
regulation made under authority conferred hereby, the proper
local authorities of the City Commission, in addition to
other remedies, may institute any appropriate action or pro-
ceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance,
or use, to restrain, correct or abate such violation, to pre-
vent the occupancy of said building, structure, land, or water,
or to prevent any illegal act, conduct, business, or use in
or about such premises.
ARTICTF XV
ISSUANCE OF BONDS
SECTION 148. GENERAL OBLIGATION BONDS:
The City of Atlantic Beach is hereby authorized to
issue and sell, from time to time, bonds of said City, of
such denominations, bearing such rate of interest not exceed-
ing six (6) per cent per annum, becoming due at such times
and upon such conditions as may by ordinance be determined,
which bonds shall be used for such municipal purposes as may
be provided by ordinance, and for the payment of' which bonds
and the interest thereon the entire taxable property in said
City shall be thereby pledged; provided, that before the
issuance of said bonds, the issuance of the bonds then pro-
posed to be issued shall be provided for by ordinances, ex-
pressing in general terms the purposes for which the proceeds
of such issues of bonds are to be used, and subsequently •
approved by a majority of the votes cast in an election in
which a majority of the freeholders who are qualified electors
residing in said City shall participate. The question of the
issuance of such bonds may be submitted from time to time;
and said bonds for the several purposes provided for by or-
dinance shall be voted upon separately for each purpose.
For the payment of said bonds and the it►terest
thereon, and to provide a sinking, fund therefor, the en-
tire taxable property of said City shall he pledged by the
ordinance providing for the issuance of said bonds, and the
City Commission shJ11 :j4Ch spLcial tax otl
taxable propurty within Lhu corporate limits of said City as
may be necessary to pay tiw imt, c,2:A on said bonds and to pro-
vide a sinking fund for the payment of said bonds . The elec-
tion herein provided for shall be held, the canvass and re-
' turns made in the manner provided by the laws of Florida for
the calling and holding of elections for the approval of the
issuance of bonds by counties, districts and municipalities,.
of the State of Florida, in compliance with Section 6, Article
IX of the Constitution of the State of Florida as amended.
SECTION 149. REVENUE BONDS AND CERTIFICATES:
The City of Atlantic Beach is hereby authorized to
issue and sell from time to time, revenue certificates of
said City of such denominations and bearing such rate of in-
terest not exceeding six (6) per cent per annum, and becoming
.due at such times and upon such conditions as may by ordi-
nance be determined. Such revenue certificates shall be
issued for such municipal purposes as may be provided by
ordinance. Said ordinance shall state the purpose for which
the proceeds of each of such issues of revenue certificates
are to be used, and shall provide that only the revenue of
the particular utility and facility of said City to be con-
structed or improved shall be pledged for payment of said
revenue certificates.
SECTION 150. COMBINATION GENERAL OBLIGATION AND
REVENUE BONDS:
The City of Atlantic Beach is hereby authorized
to issue and sell, from time to time, bonds of such denom-
inations, bearing such rate of interest not exceeding six
(6) per cent per annum, becoming due at such times and
upon such conditions as may by ordinance be determined,
which bonds shall be used for such municipal purposes as
may be provided by ordinance, and for the payment of
which bonds and the interest thereon the entire taxable
property in said City may thereby be pledged and in
addition, the revenue of the particular utility or facility
of said City to be constructed of improved may be pledged
•
for the payment of said bonds. Provided, however, that
before the issuance of said bonds the issuance of the
bonds then proposed to be issued shall be provided for by
ordinance expressing in general terms the purposes for which
the proceeds of such issues of bonds are to be used and
subsequently approved in an election held and in the man-
ner, and in conformity with, and meeting the requirements
of each section hereof.
For the payment of said bonds, issued pursuant
to and under this section, and interest thereon, and to
provide a sinking fund therefor, the City Commission shall
levy annually such special tax on the taxable property
within the corporate limits of said City, which together
with said revenues available for that purpose, shall be
sufficient to pay the interest on said bonds and to pro-
vide a sinking fund for the payment of said bonds.
ARTICLE XVI
MUNICIPAL COURT AND DEPARTMENT OF LAW
SECTION 151. MUNICIPAL COURT:
There shall be a municipal court, presided over
by the municipal judge who shall be appointed by and serve
at the pleasure of the City Commission. The municipal
court shall be known as the Municipal Court of the City of
Atlantic Beach, Florida.
SECTION 152. SICKNESS, ABSENCE OR DISQUALIFI-
CATION OF MUNICIPAL JUDGE:
In the event of the absence, sickness, dis-
qualification or other inability of the municipal judge to
serve, the Mayor-Commissioner or some other person
designated by the City Commission, shall have all the power
and perform all the duties of said municipal judge during
such sickness, absence, disqualification or other inability.
SECTION 153. POWERS:
The municipal judge shall have the power:
(1) By his warrant to have brought before him any person
V V
;(;_Y
or persons charged with violation of the City ordinances,
and shall have exclusive original jurisdiction over all
proceedings of a criminal nature for the violation of any
ordinance of the City;
(2) Within the jurisdiction herein conferred, to issue
and cause to be served any and all writs and processes such
as are issued and used by justices of the peace in the State
of Florida;
(3) To fix bail for the appearance of an accused person;
(4) To declare estreated bond or security given in bail
for such persons as fail to appear in answer to accusations
against them;
(5) To require the attendance of witnesses for both the
City and the accused.
(6) To administer oaths and take affidavits.
(7) To inquire into the truth or falsity of all charges
preferred and to decide as to the guilt or innocence of the
accused;
(8) To fix and impose penalties by sentence as are pre-
scribed by ordinances of the City;
(9) To preserve order and decorum in his court, and to
that end the municipal judge is hereby invested with the
same powers of fine and imprisonment as are possessed and
authorized to be exercised by judges of criminal courts
of record within the State of Florida.
SECTION 154. DISPOSITION OF MONEYS COLLECTED
•
AS FINES:
All fines, penalties and fees collected in the
municipal court and by the police of the City shall be part
of the revenue of the City, and shall be paid forthwith to
the City Treasurer.
SECTION 155. REMISSION OF FINES AND PENALTIES:
No fine or other penalty imposed by the municipal
court shall be remitted except by action of the City Com-
mission upon recommendation of the municipal judge; pro-
vided however, that t.hiu section shall not be construed as
precluding the municipal judge from suspending sentences
-1)9-
•
•
imposed by such court.
SECTION 156. CITY PROSECUTOR. POWERS AND DUTIES:
There may be a City Prosecutor who, if appointed,
shall prosecute all offenses against the City' s ordinances,
and shall, if required by law, represent the City in all
appeals from convictions in the municipal court.
He shall, in addition:
(1) Prepare charges after examination into the facts and
circumstances of each case.
(2) Have summoned all witnesses required on behalf of the
City, and be allowed the process of this court to summon
witnesses to testify before him as to any violation of the
criminal law upon which they may be interrogated, and be
empowered to administer oaths to all witnesses summoned to
testify by the process of the municipal court;
(3) Once each quarter, report to the City Commission fully
and completely all cases which have come before the court,
in such report showing the title of each case, the date
when commenced, the offense charged, and the disposition
made;
(4) Attend each session of the municipal court.
The City Prosecutor shall be appointed by the City
Commission to serve at its pleasure. He may also be the
City Attorney or Assistant City Attorney, if the City Com-
mission so elects.
SECTION 157. EXECUTIVE OFFICER OF THE COURT:
The head of the Police Department shall designate
the executive officer of the municipal cour . Mc•,nbers of
the police force shall execute and serve any and all writs
and process issued out of the municipal court by the
Municipal Judge and shall make proper-returns thereon in
the same manner as is required of constables and sheriffs
in the execution of similar papers.
SECTION 158. CITY ATTORNEY; APPOINTMENT AND QCALI-
FI'CATIONS:
The City Commission shall appoint a City Attorney
who shall act as the legal adviser to, and attorney and
. .!%. `.!4
♦,4: . .. 4 „
-Go- Y •
counselor for, the municipality and all of i 1:S cuff:a.Uv!'.�
in matters relating to their official duties. He shall
prepare all contracts, bonds, and other instruments in
writing in which the municipality is concerned, and shall
endorse on each his approval of the form and correctness
thereof, but failure to do so shall not affect its validity.
When required to do so by resolution of the City Com-
mission, he shall prosecute and defend for and in behalf of
the City, all civil complaints, suits and controversies in
which the City is a party. He shall furnish the City Com-
mission, the City Manager, the head of any department, or
any officer, board, commission or agency not included in
any department, his opinion on any question of law relating
to their respective powers and duties. In addition to the
duties specifically imposed under the preceding section, he
shall perform such other professional duties as may be re-
quired of him by ordinance or resolution of the City Com-
mission, or as are prescribed for City Attorneys under the
•
"� ""general law of the state, which are not inconsistent with
this charter and with any ordinance or resolution, which
may be passed by the City Commission. The City Attorney •
shall be a lawyer of at least five ,years' experience, ad-
mitted in and having authority to tetice in all courts
of the state.
SECTION 159. SALARIES OF COURT OFFICIALS AND CITY
ATTORNEY:
The salaries of Municipal Judge, City Prosecutor
and City Attorney shall be fixed by the City Commission.
ARTICLE XVII
SUITS AGAINST THE CITY
SECTION 160. SUITS:
No suit shall be maintained against the City for
damages arising out of its failure to keep in proper con-
dition any sidewalk, pavement, viaduct, bridge, street, water-
works, or other utility owned or oncrzated by the City, or any
public place; neither shall any suit; btu main : wined against,
the City arising out of any other tortious action, or action '
sounding in tort, unless it shall be made to appear that
the damage alleged was attributable to the gross negli-
gence of the City, and that written notice of such damage
was, within thirty .days of the receiving of the injury,
given to the City. Manager with such reasonable specifications
as to time and place and witnesses as would enable the City
officials to investigate the matter, and no verdict shall
in any suit be given for amount exceeding compensation
damages to the plaintiff directly attributable to such
negligence on the part of the City, and not caused by con-
tributory negligence on the part of the plaintiff.
It shall be the duty of the City Manager, upon
receiving any such notice, to at once investigate the mat-
ter, and lay the facts, supported by the evidence, before
the City Commission in a written report, and the City Com-
mission shall have the right, and, upon the written re-
quest of the person injured, it shall be the duty of the
City Commission to investigate the matter, and it may, by
ordinance, make such reasonable settlement of any such
damages as may be agreed upon between the City Commission
and the person so damaged.
ARTICLE XVIII
GENERAL AND MISCELLANEOUS PROVISIONS
SECTION 161. REMOVAL OF OFFICERS AND EMPLOYEES:
Any officer or employee to whom the City Manager,
or a head of any office, department or agency, may appoint
a successor, may be removed by the City Manager or other
appointing officer at any time. Subject to any other pro-
visions of this charter as to persons in the service of the
City the decision of the Manager or other appointing
authority shall be final.
SECTION 16 . REMOVAL OF MEMBERS OF BOARDS, COM-
MISSIONS, OR AGENCIES:
Except as provided in this charter, a member of
.
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• " .' .. . .••. .
... • • • .... • .lire
705
rsy board, commission or agency of the City who has boon
appointed by the City Commission, may be removed by the
City Commission in the same manner as provided for the re-
moval of the City Manager in Section 11 of this charter. ,
SECTION 163. RIGHT OF CITY MANAGER AND OTHER
OFFICERS IN COMMISSION:
The City Manager, and such other officers of the
City as may be designated by vote of the City Commission,
shall be entitled to seats in the City Commission, but
shall have no vote, therein. The City Manager shall have
the right to take part in the discussion of all matters
coming before the City Commission, and the other officers
shall be entitled to take part in all discussions of the
City Commission relating to their respective offices, de-
partments, boards, commissions, or agencies.
SECTION 164. INVESTIGATIONS:
The City Commission, or any committee thereof,
the City Manager, or any advisory board appointed by the
City Commission for such purpose, shall have power at any
time to cause the affairs of any department or the conduct
of any officer or employee under their jurisdiction to be
investigated; and for such purpose shall have power to com-
pel the attendance of witnesses and the production of books,
papers, and other evidence; and for that purpose may issue
subpoenas or attachments which shall be signed by the pres-
ident or chairman of the body, or by the officer making
the investigation, and shall be served by an officer
authorized to serve such process. The authority making such
investigation shall have power to cause the testimony to
be given under oath, such oath to be administered by some
officer having authority under the law of the state to ad-
minister oaths. Failure to obey such subpoena or to pro-
duce books, papers or other evidence as ordered under the
. provisions of this section shall constitute a misdemeanor
and shall be punishable by a fine not to exceed $500.00 or
by imprisonment not to exceed 60 days, or both.
••• •••• • • •• ..... ••••• •• . . -63- 705
SECTION 165. PUBLICITY OFD, RECORDS:
All records and accounts of every office, depart-
ment or agency of the City shall be open to inspection by
any citizen, any representative of a citizens ' organi-
zation or any representative of the press at all reason-
able times and under reasonable regulations established by
the City Commission.
SECTION 166. PERSONAL INTEREST:
No member of the City Commission or any officer
• of the City shall have a financial interest, direct or in-
direct, in any contract or in the sale to the City or to a
contractor supplying the City of any land or rights or
interests in any land, material, supplies or services.
Any wilful violation of this section shall constitute mal-
feasance in office, and any officer of the City found guilty
thereof shall thereby forfeit his office or position. Any
violation of this section with the knowledge express or
implied of the person or corporation contracting with
the City shall render the contract voidable by the City
Manager or the City Commission.
SECTION 167. OFFICIAL BONDS:
The City Commission shall determine whether or not
each officer, clerk, or employee shall give bond,and the
• amount thereof, but all officers, clerks and employees
handling any funds or property of the City shall be re-
quired to give bond to the City, which bonds shall be pro-
cured from a regularly accredited surety company, author-
ized to do business under the laws of Florida, the premiums
on such bonds to be paid by the City. All such bonds shall
be filed in the office of the City Clerk.
SECTION 168. OATH OF OFFICE:
Every officer of the City shall, before entering
upon the duties of his office, take and subscribe to the
following oath or affirmation, to be filed and kept in the
office of the City Clerk:
"I solemnly „wear (or affirm) that I will
705
•
support the Constitution and will obey the laws
of the United States and of the State of Florida,
that I will, tt?t all respects, observe the pro-
visions of the charter and ordinances of the City
of Atlantic Beach, and will faithfully discharge
the .duties of the office of
SECTION 169. EFFECT OF THIS CHARTER ON EXISTING
LAW:
All laws and parts of laws relating to or affect-
ing the City in force when this charter shall take effect
are hereby repealed and superseded to the extent that the
same are inconsistent with the provisions of this charter;
insofar as the provisions of this charter are the same in
terms or in substance and effect as provisions of law in
force when this charter shall take effect, relating to or
affecting the City, the provisions of this charter are in-
tended to be not a new enactment but a continuation of such
provisions of law, and this charter shall be so construed
and applied.
SECTION 170. PUBLISHING:
As used in this charter "publishing" shall mean
printing in any newspaper published and of general cir-
culation in the County of Duval.
SECTION 171. RIGHTS OF OFFICERS AND EMPLOYEES
PRESERVED:
Nothing in this charter contained, except as
specifically provided, shall affect or impair the rights or
privileges of officers or employees of the Town of Atlantic
Beach or of any office, department, board, commission, or
agency existing at the time when this charter shall take
effect, or any provision of the law in force at the time
when this charter shall take effect and not inconsistent
with the provisions of this charter, in relation to the
personnel, appointment, ranks, grades, tenure of office,
promotion, removal, pension and retirement rights, civil
rights, or any other rights or privileges of officers or
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or employees of said Town or any office, department, board,
commission, or agency thereof.
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All persons holding administrative office at the
time this charter takes effect shall continue in office and
in the performance of their duties until provision shall
have been made in accordance herewith for the performance
•
of such duties or the discontinuance of such office. The
powers conferred and the duties imposed upon any office,
department, board, commission or agency of the Town of
Atlantic Beach by the laws of the state shall, if such
office, department, board, commission, or agency, be abolish-
ed by this charter, or under its authority, be thereafter
exercised and discharged by the office, department, board,
commission, or agency designated by the City Commission
unless otherwise provided herein.
SECTION 17 T
3. RANSFER OF RECORDS AND PROPERTY:
All records, property and equipment whatsoever
of any office, department, board, commission, or agency,
all the powers and duties of which are assigned to any other
office, department, board, commission, or agency by this
charter, shall be transferred and delivered to the office,
department, board, commission, or agency to which such powers
and duties are so assigned. If part of the powers and duties
of any office, department, board, commission, or agency are
by this charter assigned to another office, department,
board, commission, or agency, all records, property and
equipment relating exclusively thereto shall be transferred
and delivered to the office, department, board, commission,
or agency to which such powers and duties are so assigned.
SECTION 174. TITLE TO PROPERTY RESERVED TO NEW
MUNICIPALITY:
The title, rights , and ownership of property,
uncollected taxes, dues, claims, judgments, ' decrees and -
chosen in action, held or owned by the Town of Atlantic
Beach shall pass to, and be vented in the municipal corpor-
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ation organized under this charter.
SECTION 175. CONTINUITY OF OFFICES, BOARDS,
COMMISSIONS OR AGENCIES:
Any office, department, board, commission, or
agency provided for in this charter with powers and duties
the same or substantially the same as those of an office,
department, board, commission, or agency heretofore ex-
isting shall be deemed to be a continuation of such office,
department, board, commission or agency and shall exer-
cise its powers and duties in continuation of their ex-
ercise -by the office, department, board, commission, or
agency by which the same were heretofore exercised, and
shall have power to continue any business, proceeding or
other matter, within the scope of its regular powers and
duties commenced by an office, department, board, com-
mission, or agency by which such powers and duties were
heretofore exercised. Any provision in any law, rule,
regulation, contract, grant or other document relating to
such a formerly existing office,, department, board, com-
mission, or agency, shall, so far as not inconsistent with
the pro/isions of this charter, apply to such office, •de-
partment, board, commission or agency provided for by this
charter.
SECTION 176. CONTINUANCE OF CONTRACTS AND PUBLIC
IMPROVEMENTS:
All contracts entered into by the Town of Atlantic
Beach, or for its benefit, prior to the taking effect of
this charter, shall continue in full force and effect. •
Public improvements, for which legislative steps have been
taken under laws or charter provisions existing at the time
this charter takes effect, may be carried to completion as
nearly as practicable in accordance with the provisions of
such existing laws and charter provisions.
SECTION 177. PENDING ACTIONS AND PROCEEDINGS:
No action or proceeding, civil or criminal, pending
at the time when this charter shall take effect, brought by
I •
or-against the Town of Atlantic Beach, or any office, de- ,
partment, board, commission, or agency or officer thereof,
shall be affected or abated by the adoption of this charter
or by anything therein contained; but all such actions or
proceedings may be continued notwithstanding that functions,
powers and duties of any office, department, board, com-
mission or agency or officer party thereto may by or under
this charter be assigned or transferred to another office,
•
department, board, commission, or agency or officer, but
in that event the same may be prosecuted or defended by
the head of the office, department, board, commission, or
agency to which such functions, powers and duties have been
assigned or transf'er.:r d by or under this charter.
SECTION 1.i . EXISTING ORDINANCES:
All exiting ordinances of the present munici-
pality of the Town of Atlantic Beach, not in conflict with
the provisions of this Act, shall continue in effect and
unimpared until repealed, amended or modified by the City
Commission which is created by this Act .
SECTION 179. SHORT TITLE:
This charter shall be known and may be cited as
the "Atlantic Beach Charter" .
SECTION 180. SEPARABILITY CLAUSE:
If any section or part of section of this charter
shall be held invalid by a court of competent jurisdiction,
such holding shall not affect the remainder of this charter
nor the context in which such section or part of section
so held invalid may appear, except to the extent that an
entire section or part of section may be inseparably
connected in meaning and effect with the section or part of
section to which such holding shall directly apply.
SECTION 181. CHARTER ELECTION:
The foregoing charter shall be submitted to the
qualified electors of the Town of Atlantic Beach for
adoption, or rejection, at an election hereby called for
that purpose, to be held on the 23rd day of July, 1957,
which said election shall be conducted in accordance with
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J J J J
I I J I J J J I• J ;
i O
the laws governing elections in said Town of Atlantic Beach-
as at' present provided. The ballot used in said election
shall be a sheet of plain white paper upon which the
following shall be printed:
OFFICIAL BALLOT
Special Election: (date)
For the adoption or rejection of a proposed charter for the
City of Atlantic Beach, Florida, pursuant to the pro-
visions of Chapter of the Laws of Florida, Special
Acts of 1957.
INSTRUCTIONS TO VOTERS
The voters desiring to vote in favor of adopting
the proposed charter shad put a cross mark (X) in the box
before the words, *FOR adoption of proposed charter of the
City of Atlantic Beach, Florida, " and the voter desiring to
vote against adopting the proposed charter shall put a
cross mark (X) in the box before the lords, "AGAINST
adoption of proposed charter of the City of Atlantic
Beach, Florida*. All distinguishing marks are forbidden
and make the ballot void. If you wrongfully mark, tear or
deface this ballot, return it to the inspector of the
election and, obtain another.
FOR adoption of proposed. charter of the City
of Atlantic Beach, Florida
AGAINST adoption of proposed charter of the
City of Atlantic Beach, Florida
ARTICLE XIX
WHEN ACT TAKES EFFECT
SECTION 182. EFFECTIVE DATE OF ACT:.
This Act shall go into effect subject to the
referendum election provided for in Section 181 hereof, upon
its passage and approval by the Governor, or upon its be-
Y co:do , ley witra t:.Ruch approval, for the purpose of nomi-
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nating and electing the first members of the City Com-
mission, at an election as provided herein. For all other
purposes this charter shall be in effect from and after
the election and qualification of the members of the City
Commission thereunder.
In the event a majority of the electors voting
at said election provided for in Section 181 hereof, vote
against the adoption of this charter, then this Act shall
be null and void.
SECTION 183. All laws and parts of laws in con-
flict with this Act are hereby repealed.
tecame a law without the Governor's a
Filed in Office Secretary of State
MAY 2 '195 "
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/NOD wE 190-5
I I Offlee of Sec-ret_aryofS ate:I#IV,
3R.A. ce��-��� � �/��i iii���
6rinv, �,
Senate Bill No. 705, being,
"AN ACT TO INCORPORATE THE CITY OF ATLANTIC BEACH,
FLORIDA IN DUVAL COUNTY, AND TO PROVIDE FOR ITS
GOVERNMENT AND PRESCRIBE ITS JURISDICTION, POWERS,
PRIVIT,RGES AND IMMUNITIES, AND TO ABOLISH THE
PRESENT MUNICIPALITY OF THE TOWN OF ATLANTIC
BEACH, AND PROVIDING FOR A REFERENDUM. "
Laws of Florida , Regular Session 1957, as filed in this office.
,4a/4 27th /t2 yi/� June
c (.1 57
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