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Item 7D Ordinance 33-15-19ORDINANCE NO. 33-15-19 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING A NEW CHARTER WHICH AMENDS AND REPEALS ALL FORMER CHARTER PROVISIONS, INCLUDING THE FORM OF GOVERNMENT, POWERS, THE COMMISSION, THE CITY MANAGER, THE CITY CLERK, THE CITY ATTORNEY, PUBLIC SAFETY, BUDGET, FINANCE, ELECTIONS, INITIATIVE AND REFERENDUM, RECALL ELECTIONS, FRANCHISES, TAX ADMINISTRATION, ZONING, MUNICIPAL BORROWING, SUITS AGAINST THE CITY, GENERAL AND MISCELLANEOUS PROVISIONS, WHEN ACT TAKES EFFECT AND PERIODIC REVIEW; SUBMITTING THE NEW CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; PROVIDING AN EFFECTIVE DATE. AGENDA ITEM # 7D APRIL 27, 2015 WHEREAS, the City of Atlantic Beach, Florida, after receiving input from its citizens and the Chmier Review Committee, finds the proposed amended City Chmier as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic Beach for consideration; and WHEREAS, the City of Atlantic Beach appreciates the diligent efforts of the Charter Review Committee comprised of: Don Wolfson, Mark Tomaski, Mike Bomo, Katherine Carithers, Joan Carver, Sally Clemens, Thomas Goodrich, Judith Leroux and David Vincent; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that the adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Charter Proposed. The City Commission of the City of Atlantic Beach, Florida hereby proposes a new and amended City Charter as set f01ih in Exhibit "A", attached AGENDA ITEM# 7D APRIL 27, 2015 hereto and incorporated herein by reference, which if approved by the qualified electors of the City, would repeal and replace all fmmer Charter provisions. SECTION 2. Submission of Chmier Amendment to Public Referendum. This new and amended Chmier of the City of Atlantic Beach, Florida as set forth in the attached Exhibit "A" shall be submitted to public referendum at the next general election held in the City of Atlantic Beach, Florida for approval or disapproval by the qualified electors of the City. SECTION 3. Appearance of Chmier Amendment on Ballot. The ballot title to be used m said election shall be as follows: "A PROPOSED CHARTER FOR THE CITY OF ATLANTIC BEACH, FLORIDA." The explanatory statement shall be as follows: "Based upon the recommendations of the Atlantic Beach Charter Review Committee and the City Commission, a new and amended Chmier is being proposed for the City." Below the explanatory statement shall appear the following question: Shall the above described new and amended Charter be adopted? YES NO ------ SECTION 4. Effective Date. This new and amended Charter of the City of Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed with the Florida Department of State as required by law. PAS SED by the City Commission on first reading this __ day of ______ _ 2015. PAS SED with a quorum present and voting, by the City Commission this __ day of ------' 2015. ATTEST: DONNA L. BARTLE, City Clerk Approved as to fmm and correctness: RICHARD KOMANDO, City Attorney CAROLYN WOODS, Mayor, Presiding Officer PART I CHARTER AGENDA ITEM # 7 0 APRIL27, 2015 A NEW CHARTER FOR THE CITY OF ATLANTIC BEACH, IN DUVAL COUNTY , PROVID IN G FOR ITS GOVERNMENT AND PRESCRIBING ITS JURISDICTION , POWERS, PRIVILEGES AND IMMUNITIES, WH ICH ABOLISHES THE PRESENT CHARTER OF THE CITY OF ATLANTIC BEACH . ARTICLE I. -INCORPORATION; FORM OF GOVERNMENT; POWERS ARTICLE II .-THE COMMISSION ARTICLE Ill .-THE CITY MANAGER ARTICLE IV.-THE C ITY CLERK ARTICLE V .-CITY ATTORNEY ARTICLE VI.-DEPARTMENT OF PUBLIC SAFETY ARTICLE VII .-BUDGET ARTICLE VIII.-DEPARTMENT OF FINANCE ARTICLE IX. -ELECTIONS ARTICLE X .-INITIATIVE AND REFERENDUM ARTICLE XI . -RECALL ELECTIONS ARTICLE XII .-FRANCHISES ARTICLE X III.-TAX ADM INISTRATION ARTICLE XIV.-ZON IN G ARTICLE XV.-MUNICIPAL BORROWIN G ARTICLE XVI.-SUITS AGAIN ST THE CITY ARTICLE XVII .-GENERAL AND MISCELLANEOUS PROVISIONS I ARTICLE XVIII.-WH E N ACT TAKES EFFECT AND PERIODIC REVIEW Word s stri cl<en ar e d el etions; words underlin ed ar e add itions. Pag e 1 of 23 ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS AGENDA ITEM #?O APRIL 27, 2015 Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter established. Sec. 2 . Reaffirmation of the incorporation of City of Atlantic Beach . Sec. 3. Form of government. Sec. 4. General powers. Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter established. The prese nt Charter of the City of Atlantic Beach in Duval County, Florida, is hereby abolished; and the new Charter, as hereinafter set forth , is hereby established. Sec. 2. Reaffirmation of the incorporation of City of Atlantic Beach. The establishment of a mun ic ipal corporation, known and designated as th e City of Atlantic Beach, organized and constituted in the County of Duval and State of Florida, by an act of the Florida Legislature in 1957, is hereby reaffirmed and its territorial boundaries are as follows : Beginning at a point on the beach of the Atlantic Ocean which is the intersection of th e low water mark line of said Atlantic Ocean and an easterly prolonga tion of the southerly boundary line of Kathryn Abby Hanna Park ; running thence weste rly along the southerly boundary line of said Kathryn Abby Hanna Park to the easterly right- of-way line of O ld Sherry Drive (County Road No. 551 ); running thence southerly a lon g said easterly right-of-way lin e of Old Sherry Drive (County Road No. 551) to the north boundary line of fractional Section 5 , Township 2 South, Range 29 East; running thence westerly a long the northerly boundary line of said Fractional Section 5 in said Township and Range , to the eastern right -of-way line of Mayport Road (State Road A-1-A); running thence southerly along the easterly right-of-way line of said Mayport Road to th e north boundary line of Government Lot 15 of Section 8; running thence easterly along the north boundary line of said Government Lot 15 to the northwest co rn e r of th e east one-half of said Government Lot 15; running th ence southerly along the west boundary line of the east one-half of sa id Government Lot 15 to the north boundary line of Sections 17 and 18 in said Township and Range; running thence westerly along said north boundary line and the north boundary lin e of Section 40 to a po int at the cente r lin e of the Intracoastal Waterway; running thence so uth e rly a long said centerline of the In tracoastal Waterway to the intersection of said center li ne with a line sixtee n (16) feet northerly of, measured at right ang les from and parallel to th e centerlin e of Atlantic Bouleva rd ; running thence easterly a long said parallel lin e and a prolongation of same to the point of intersection of said prolongation w ith the low water mark of the Atlantic Ocean; and running thence northerly a long said low water mark of th e Atlantic Ocean to the point or place of begi nning; excepting from the territory hereinabove described t hat part thereof lying in said Sections 8 and 9 occupied and u sed by Selva MafffiaAtlantic Beach Country C lub as described in deed recorded in Volume 652, page 484, Offic ial R ecords of Duval County; and jurisdiction of th e waters of the Atlantic Ocean two miles from the low water mark between the north and south lin es of said city as above described, projected easterly two miles ; and police jurisdiction Word s striciEeA are de l etion s; words u nderlined a re addit ions . Page 2 of 23 AGENDA ITEM# 7D APRIL 27, 2015 for traffic control purposes over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as hereinbefore described, over said Mayport Road from the city limits as above described, northerly to the northern boundary line of said Fractional Section 5; provided, however, that the city council of the City of Jacksonville, Florida, acting in its capacity as the governing body of Duval County, Florida, is hereby authorized to construct and maintain any and all streets, roads, or highways that have at any time heretofore, 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. Sec. 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." Sec. 4. General powers. The city shall have all powers, governmental, corporate and proprietary, in accordance with and including the provisions ofF .S. Chapter 166, enabling it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes; which powers shall be limited only by the Federal Constitution, State Constitution, general and special law and any specific limitation in this Charter. The enumeration of particular powers shall not be deemed as necessary as it is intended that the city shall have and exercise all powers which it would be competent for this Charter specifically to enumerate, including all extraterritorial powers and jurisdiction previously granted by Chapter 57-1126, Laws of Florida as amended, or by any special or general law. The absence of such enumeration shall not be construed as limiting; indeed, it shall be construed liberally in favor of the city. ARTICLE II. THE COMMISSION Sec. 5. Number of commissioners; selection; term. Sec. 6. Qualifications and disqualifications. Sec. 7. Salary. Sec. 8. Presiding officer: Mayor. Sec. 9. Powers. Sec. 10. Appointment of city manager. Sec. 11. Appointment of deputy city manager or deputy city clerk. Sec. 12. Vacancies in the city commission. Sec. 13. Creation of new departments or offices; change of duties. Sec. 14. Induction of city commission into office; meetings of the city commission. Sec. 15. City commission to be judge of qualifications of its members. Sec. 16. Rules of procedure; journal of minutes. Sec. 17. Ordinances. Sec. 18. Procedure for passage of ordinances and resolutions. Sec. 19. Independent annual audit. Words stricken are deletions; words underlined are additions. Page 3 of 23 Sec. 20. Right of city manager and other officers in city commission. Sec. 5. Number of commissioners; selection; term. AGENDA ITli:M II 70 APiliL 27,2015 The city commission shall consist of five (5) electors of the City of Atlantic Beach who have the qualifications as defined in section 6 of this Charter, e lected at large without regard for any designation of political party affiliation. The seats sha ll be known as seats 1 through 5 respectively, and seat 1 shall be designed as the mayor- comm issioner. Seats 2 through 5 shall be designated as district comm issioners, with each commissioner required to reside within the district from which he or she is e lected. The four (4) districts sha ll be created using the precinct lines existing as of November, 2007, as a beginning point, shall be established by ordinance, shall be as equal in population as possible , and to the extent possible shall maintain the integrity of neighborhoods and communities of interest. The mayor-commissioner shall be elected for two-year terms and the terms for seats 2 through 5 shall each be four years. Effective with the municipal election in October, 1993, anyone elected or appointed to the office of mayor-commissioner shall not serve more than four (4) consecutive two - year terms ; and any elected or appointed to commission seats 2 through 5 shall not serve more than two (2) consecutive four-yea r terms. Serving any part of a term s hall be considered a full term. Nothing contained herein shall pre vent anyone who has served as a city commissioner from being appointed or elected to the position of mayor- commissioner and then serving in that capacity four (4) co nsecutive two-year terms . Sec. 6. Qualifications and disqualifications. Members of the city commission shall have been full-time residents of the city for at least ooe yeartwo years immediately prior to qualifying. They shall be electors in the city. Full -time residency shall be defined as the person's principal place of abode during the year. Members of the city commission shal l not hold any other elective office. Any member of the city commission ceasing to possess the foregoing qua lifications or who shal l have been convicted of a crime punishable by more than one (1) year of imprisonment or a crime involving moral turpitude , shall forfeit the seat prior to the next meeting of the city commission . Absence from four consecutive regular meetings of the city commission shall operate to vacate the seat of a member, unless the member's absence is excused by the city commission by a re solution setting forth the fact of such excuse duly entered upon the minutes. Sec. 7. Salary. The sa lary of the members of the city commission shall be set by ordinance. Sec. 8. Presiding officer: Mayor. The mayor-com missioner shall preside at all meetings of the city commissi on and shall be recognized as head of the city government for all ceremonial purposes and by the governor for all purposes of military law. When directed to do so by the city commission the mayor-commissioner shall execute all instruments to which the city is a party, unless otherwise provided by the Charter or by ordinance . The mayor- commissioner sha ll have no regular admin istrative duties except as authorized in this Charter but may appoint, from time to time , such specia l or select committees as in his Words striel<cn are de letion s; words underlined are additions. Page 4 of 23 AGENDA ITEM# 70 APRIL 27 ,2015 or her discretion he or she deems desirable or as may be desired by the city commission , to expedite the handling of the business and affairs of the city . Other members of the city commission may on occasion appoint special or se lect committees with the approval of a majority of the commission . In th e temporary absence or disabi lity of the mayor-commissioner, all duties of the mayor-commissioner shall be performed by the mayor pro tempore who shall be appointed by the city sommission from Its ffieffi9&Fs . Sec. 9. Powers. Except as may be 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 sha ll have power to: (1) Adopt a budget; (2) Authorize the issuance of bonds , revenue certificates, and other evidences of indebtedn e ss ; (3 ) Establish or abolish official boards and elect th e members thereof as recommended by the mayor; (4) Adopt and modify the officia l map of the city ; (5) Regulate and restrict the heig ht , number of stories, and size of buildings and other structures, the perce ntage of a lot that may be occupie d , the size of yards, courts, and other open spaces, the density of population , and the location and use of bui ldings, structures, and land and water for trade , industry , residence or other purposes; (6) Provide for an independent audit; (7) Pass ordinances and laws for the preservation of the publ ic peace and order and impose penalties for the vi olation thereof; provided that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars ($1,000.00) and imprisonment for a period of time not longer than ninety (90) days . or as otherwise provjded for by Florida Statutes ; (8) Lease golf courses, hospitals; and airports and parks, o r any portion thereof, after the city commission has pass ed an ordinance authorizing any such lease; (9) Sell golf courses , hospitals, airports, pa!=ks and t he public uti lity system, or any portion thereof, now own e d by the city or hereafter acquired by it after the city commission has passed an ordinance that: in which_@}_ there is a finding that public welfare no longer requires th e operation of any such facility~ and f!2.Lffi wt»ch are stated the terms of sale of real property within the city limits are sta ted ; and &after such ordinance ha s bee n submitted to the qua lified voters of the city at an election ca lled for that purpose ; (1 O)Provide rules and regulations for all purchases and sales made for and in beha lf of the city; (11 )Appoint, remove and fix the com pensation of all officers and employees appointed by the city commission as hereinafter provided ; the city commission shall perform an annual performance review of the city clerk. city manager and city attorney: Words stricl(en are deletions; words und erlin ed are additions. Page 5 of 23 AGENDA ITEM II 71l APRIL 27,2015 (12)Exercise any right or autho rit y given or permitted by the Constitution and the laws of the State of Florida to city commissions not in consistent with the provisions of this Charter. (13) The mayor pro tempore shall be appointed by the city commission from its members . (14) Provide for the protection and preservation of parks as follow : Any real property owned by the city which is used principally or held out for use as a public park , shall be used only as a public park; and parks shall not be sold , leased long term . gifted, changed in description or use, or otherwise disposed of: and no structure shall be built in any such park to accommodate activities not customarily associated with park use or outdoor recreation : unless such sale , lease disposal, gift or structure is approved by unanimous vote of the entire city commission . Sec. 10. Appointment of city manager. The city comm ission shall appoint an administrative officer of the city, who sha ll have the title of city manager, who shall have the powers and perform the duties provided in this Charter and who shall be compensated at a rate set by the city commission . No member of the city commiss ion shall rece ive such appointment during the term for which the person shall have been elected , nor within two years after the expiration of the person's term . In the event the City Manager is removed or incapacitated and un able to appoint a substitute as req ui red i n Sec . [Section) 24 of this Charter, the ci ty commission sha ll appoint someone to perform the duties of the city manage r. Sec. 11. Appointment of deputy city manager or deputy city clerk. The city manager and city clerk may request , if they deem it necessary, appoiRt a deputy city manager and deputy city clerk , respectively , to be hired as approved by the city commission and who shall be compensated at a rate set by the city commi ssion . Sec. 12. Vacancies in the city commission. If any va cancy occurs in the city commission , the city commission shall elect, within fifteen (15) days of the vacancy, by the affirmative votes of not less than three members , an eligible person as defined in Sec. [Section] 6 of this article to fil l the vacancy until the next general electio n. Sec. 13. Creation of new departments or offices; change of duties. The city commission, by ord in ance, may create , change or abolish offices , departments , authorities or agencies. The city commiss ion may, by ordinance , assign additional functions or dutie s to the offices , d epartments or agenci es 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 particu lar office, department or agency. Word s stricl<en ar e de l etions; words und erlined are addi t ions. Page 6 o f 23 AGENIJA ITEM 1170 APRIL 27,2015 Sec. 14. Induction of city commission into office; meetings of the city commission. After each primary election or general election (if needed), the newly e lected city commissioners shall assume the duties of office at the regularly scheduled meeting of the city commission held on the second Monday in November provided that the Supervisor of Elections has certified the election results. If the election results for any contested city commission seat cannot be certified prior to the meeting to be held on the second Monday in November, then any newly elected city comm issioners shall assume the duties of office at the next regularly scheduled meeting of the city commission following receipt of the certified election results from the Supervisor of Elections . Until the newly e lected city commissioners assume the duties of office, the previous sitting city commissioners shall remain in office . All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month . Except as provided by Florida's Government-in-the-Sunshine Law (F.S . 286.011 ), all meetings of the city commission shall be open to the public. Sec. 15. City commission to be judge of qualifications of its members. The city commission shall be the judge of the election and the quali f ications of its members as set forth in Section 6 of this Charter. For these purposes, the city commission shall have the power to subpoena such witnesses and require the production and presentation of such records as may be deemed necessary. Sec. 16. Ru les of procedure; journal of minutes. The City Commission sha ll determine its own rules and order of business . It shall require a jo1:1rnal orthat minutes of its proceedings to be kept ... and the jo1:1rnal orThe minutes shall be open and remote ly available to the public inspectionin a timely manner. t hrough commonly accepted methods. Sec. 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 estab lishing a fine or other penalty, a fee for service , appropriation of funds , the contracting of indebtedness, or the sale of real property shall be by ord inance. The enacting clause of all ordinances sha ll be: "BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA." Sec. 18. Procedure for passage of ordinances and resolutions. The min imum procedures for adoption of ordinances and resolutions as set forth in F.S . Section 166.041 shall in its entirety constitute the process for such by the Atlantic Beach City Commission . Sec. 19. Independent annual audit. At the beginning of each fiscal year the city commission shall designate a certified publi c 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 Words s tricl ~eR are de l etions; words underlined are addition s. Page 7 of 23 AGENDA ITEM# 70 APRIL27, 2015 transactions of the city government and sha ll submit a written report to the city commission and to the city manager. Such accountants shall have no personal interests, 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 city business, but within specifications approved by the city commission , shall post-audit the books and documents kept by the finance director and any separate or subordinate accounts kept by any other office , department or agency of the city government. Sec . 20. Right Attendance of city manager and other officers in city commission . The city manager, and any such other officers of the city as may be designated by vote of the city commission, shall be required to attend city commission meetings . 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, departments, boards, commissions, or agencies. ARTI CLE Ill. THE CITY MANAGER Sec. 21. Appointment. Sec. 22 . Qualifications. Sec. 23. Powers and duties. Sec. 24 . Absence of the city manager. Sec. 25. Removal of the city manager. Sec. 26 . City departments . Sec. 27. Governance of departments . Sec. 21. Appointment. The city manager shall be appointed in accordance with the provisions of Section 10 of this Charter and shall be compensated at a rate set by the city commission. Sec . 22 . Qualifications. The city manager shall b e chosen by the city commission solely on the basis of administrative qualifications and with special reference to education and experience in and knowledge of accepte d practice with respect to the duties of this office as set forth hereinafter and in the city code. Applicants for the position of city manager shall meet the following educational and experience requirements: (1) Possession of at least a baccalaureate degree preferabl y in Public Administration or a directly re lated field from a college or university accredited by a recognized accreditation agency in the United States or from a recognized college or university outside of the United States, which is acceptable to the city commission; and (2) Not less than t.Rfeefive {5) years of administrati-.·e experience as a city ... municipal. &F-county, or state government administrator serving in at least an assistant department head or the equivalent in responsibility; and chief aEimffiistrati¥e or executive e#iser or as an assistant or deput~ty-A1aAagef: (3) A graduate degree acceptable to the city commission may be substituted for not more than one year of the required expe rience . Words stricl<en are deletion s; word s underlined are add i tions. Page 8 of 23 AGENDA ITEM# 7U AJ>RJL 27,2015 (4) Two years of aEtaitional experience acceptable te the city cemmission may be substituted for each year of ea~:~cation towaras a baccalaureate aegreo, up to a maximum of eight years . At the time of appointment, the new city manager need not be a resident of the city or state, but during the tenure ef eff1cewithin s ix (6) months the city manager shall reside within the city of Atlantic Beach. Sec. 23. Powers and duties. The city manager sha ll be the chief administrative officer and as such , head the administrative branch of the city government. The powers and duties of the city manager shall include but not be limited to : (1) Establish and maintain a line of communication w ith the city clerk; and (2) Administering and enforcing all enactments of the city commission; and (3) Preparing and forwarding agenda materia ls to the city clerk for every commission meeting; and (4) Preparing the budget annual ly and submitting it to the city commission, and being responsible fo r its administration after adoption; and (5) Preparing and submitting to the c ity commission at th e end of each fiscal ye a r , a complete report on the finances and administrative activities of the city for the year just completed. Sec. 24. Absence of the city manager. The duties of the city manager during any temporary absence or disability shall be carried out by a deputy city manager, or in the absence of th e latter, by another administrative officer of the city designated f irst by the city manager or second, by a majority of the city commission the aeputy city manager. Sec. 25. Removal of the city manager. The city manager shall serve at the pl easure of the city commission. The city commission may remove the city manager by the affi rmat ive vote of not less than three (3) of its membe rs. (Ord . No . 28-93-3, § 1, 8-23-93) Sec. 26. City departments. Administrative departments as established by ordinance shall report to and serve under the city manager. Sec. 27. Governance of departments . The city manager may head one or more administrative d e partment or select and employ persons qualified in acc ordance with city personnel practices to supervise, direct and control such departments. ARTICLE IV. THE C ITY CLERK Sec. 28. Appointment; duties. Sec. 29. Qualifications. Sec. 30 . Removal of the city clerk . Words st r icken a re d e letion s; words underlined are additions. Page 9 of 23 Sec. 28. Appointment; duties. AGENilA ITEM II 70 APR IL 27,2015 The city commission shall appoint an executive officer to serve the city commission and to assu re that a ll its enactments a re effectively carried out. The title of the executive officer shall be "city c lerk" and as such, shall be under the direction of and compensated at a rate set by the city commission. The duties of the city clerk shall be to : (1) Estab lis h and maintain a line of communication with the city manager; and (2) Prepare an agenda for every commission meeting a nd a permanent record of each such meeting ; and (3) Disseminate information as necessary about activities , findings, or deci sions of the city commission ; and (4) Provide the city commission with i'Orioeic re~9ft6 i nformation as requested about tho of.toctivonoss and emcloncy of the legis lative programs of the city government; and (5) Serve as supervisor of e lection for city e lections; and (6) Serve as custodian of all city records and the sea l of the city; and (7) Admin ister oaths; and (8) Conduct such other activities as may be specified by this Charter, the city code or the ci ty commission. Sec. 29. Qualifications. The city clerk sha ll be chosen by the city comm1ss 1on so le ly on the basis of education and experience necessary to carry out the responsibilities of executive officer to the city commission. Applicants for the position of city c lerk s h all meet the following educational and experience requirements : (1) At least a baccalaureate prefe rably in Business Administration or a related field acceptable to the city commission from a college or university acc redit ed by a recognized accreditation agency in the United States or from a recognized college or u niversity outside of the United States which is acceptable to the city commission; and (2) Two years of experience in public administration satisfactory to the city commission . (3) In lieu of the required baccalaureate degree , the c ity commission may in its discretion, accept four additional years of acceptable e x perience in public administration or a re lated field of public or private service . (Ord . No . 28-93-3, § 1, 8-23-93) Sec. 30. Removal of the city clerk. The city c lerk sha ll serve at the pleasure of the city commission . The c ity comm ission may remove the city c lerk by the affirmative vote of not less than three (3) of its members. ARTICLE V. CITY ATTORNEY Sec. 31 . Appointment and qualifications. Sec. 32 . Powers and duties. Word s stricken are d eletions; words und erlin ed are addition s. Pag e 10 of 23 Sec. 31 . Appointment and qualifications. AGENDA ITEM II 70 APRlL 27,2015 The c ity commission shall appoint a city attorney. which may be a law firm. who shall be an attorney with at least five years of experience in the practice of general, civil or municipal law, admitted in and having authority to practice in all courts of this state, and who shall be compensated at a rate set by the city commission . Sec. 32 . Powers and duties. The duties of the city attorney shall include: (1) Acting as the legal advisor to, and attorney and counselor for, the city and its officers in matters relating to their officia l duties; and (2) Preparing in writing, all contracts, bonds and other instruments in which the city is concerned and giving an endorsement of approval as to form and correctness; and (3) Prosecuting and defending for and on beha lf of the city, all civil complaints, suits and controversies in which the city is a party; and (4) Furn ishing opinions on questions of law relating to the powers and duties of city officers ; and (5) Performing such other duties as may be required by ordinance or resolution of the city commission . (6) The city attorney shall serve at the pleasure of the city commission . The city commission may remove the city attorney by th e affirmative vote of not l ess than three (3) of its members. ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY Sec. 33. Appointments and responsibilities . Sec. 33. Appointments and respons ibilities. T he appointment, duties , functions and other responsibilities of the director of public safety, police department, police chief, fire department, fire chief and th e i r respective staff members are found in the city code Chapter 2, Divisions 2 and 3 . ARTICLE VII. BUDGET Sec. 34. Preparation and adoption. Sec. 34. Preparation and adoption. Each department head shall be responsible for presenting a budget request to the city manager by a date established by the city manager or his or her designee. The director of finance shall provide the city manager with a preliminary estimate of revenues and beginning fund balances for the upcoming fiscal year. Upon receipt of all budget requests, estimated revenues and fund balances, the city manager shall make any modifications which are determined to be reasonable and justifiable and thereafter present the budget to the city commission . The city commission shall review the budget as submitted by the city manager and make such revisions as deemed necessary. A public hearing will be set to approve the tentative budget and millage rates. A public hearing will be set for final passage of the budget and millage rates. Words striel(en are deletions; words underlined are additions. Page 11 of 23 AGENDA ITEM #7 0 AI'RIL27,201S Upon fina l adoption, the budget shall be in effect for the next fiscal yea r. A copy of the budget, as adopted, shall be filed with the city clerk . The city shall abide by the requirements established by the Truth in Millage (TRIM) Act. ARTICLE VIII. DEPARTMENT OF FINANCE Sec. 35. Director of finance . Sec. 35. Director of finance. The director of finance sha ll be the head of the department of finance and shall be appointed and removed by the city manager. The qua lifications, powers and duties of the director of finance are defined in the Code of O rdinances. ARTICLE IX. ELECTIONS Sec. 36 . Elections . Sec. 37 . Nonpartisan e lections. Sec. 38 . Electors; registration . Sec . 39 . Nominations. Sec . 40. Elections : Primary. Sec . 41 . Elections : General. Sec . 42 . Elections : Absen tee voting . Sec . 43 . Elections: Canvassing board, duties. Sec. 36. Elections Regulati ons . The city commission shall, by ordinance, make all regulations which it considers necessary, not incons istent with this Charter or state law, for the conduct of municipal elections and for the prevention of fraud therein . Sec. 37. Nonpartisan el ections. All elections for the office of commissioner and mayor-commiSSione r shall be conducted on a nonpartisan basis without any designation of political party affiliation . Sec. 38. Electors; registration. Any person who is qualified to register to vote and is a resident of Atlantic Beach who has qua lified as an elector of this state, and who registers in the manner prescribed by F.S. Chapter 98 and ordinances of Atlantic Beach , sha ll be a qual ified elector of the municipa li ty . Sec. 39. Nomi nations. Any elector of the city having the additional qua lifications and limitations as set forth in Article II , Section 6, may be nominated for a seat in the city commission . Such nomination shall be on ly by petition . A petition for th is purpose shall be signed by not less than ten (1 O)twentv-five (25) qualified electors of the city. The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper shall have affi xed a signed statement of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the presence of the Word s stFiek en are deletion s; words unde rlined are addition s. Page 12 of 23 AGENDA ITEM# 7D APRIL 27, 2015 circulator and is the genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall provide his/her place of residence, including the street and number. The form of the nomination petition shall be substantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate ______ whose residence is for the office of Commissioner, Seat No. to be voted for at the election to be held on the ______ day of , A.D., and we individually certify that our names appear on the rolls of registered voters, and that we are qualified to vote for a candidate for the city commission. Name, street, and number address from which last date of registered (if different) signing. (Spaces for signatures and required date) STATEMENT OF CIRCULATOR The undersigned is the circulator of the foregoing paper containing ;#rule; signatures. Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. SIGNATURE OF CIRCULATOR __ ADDRESS: II Any signature made earlier than forty (40) days prior to the first day of qualifying shall be void. All petitions must be filed with the city clerk no later than 10 days prior to the qualifying period. The qualifying period will begin no later than noon on the 71 st day (Monday) prior to the primary election and will end at noon on the 6ih day (Friday) prior to the primary election. All other qualifying papers shall be filed as one instrument with the city clerk during the qualifying period. The city clerk shall make a record of the exact time at which each petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the following form: "ACCEPTANCE OF NOMINATION I hereby accept the nomination for Seat No. commission and agree to serve if elected. SIGNATURE OF CANDIDATE " on the city Within two days after the filing of a nominating petition, the city clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the city commission shall be preserved by the city clerk until the expiration of the term of office for which the candidate has been nominated. Words stricl<en are deletions; words underlined are additions. Page 13 of 23 Sec. 40. Elections: Primary. AGENDA ITEM # 70 APR IL 27,2015 A primary election for th e nominatio n of cand idates for the office of city comm ission e r of th e city shall be held every two (2) years on the Tuesday th at is ten (10) weeks prior to th e General E lection, for eac h seat on th e city commission whic h sha ll b ecome va ca nt on th e second Monday in November of th e same yea r , or wh e n the newly e lected city commissioners assume the duties office in acco rdance with Sec. 14 of this Charter. The two ca ndidates for each seat to be filled receiving the g reatest number of votes in sa id primary s hall be certified as candidates or nominees at the general e lection , provid ed , howev er, th at sho uld any candidate receive at s uch primary e lection a majority of all votes cast, he or she s hall be d ecla red regu larly e lected an d shall not be required to e nter t h e general e lection as hereinafter provided. H oweve r , should only one candidate be nominated for a particular seat, a n e lectio n for th at seat will not be requi red and the unopposed ca ndidat e shall be d eclared elected to the office of city commissioner. Sec. 41. E lections: General. A regula r or general election of candidates or nominees to th e office of c ity co mmissio ne r shall be held every two (2) years o n th e first Tuesday after the first Monday in November, unless all vacancies have been determined by th e primary e lection in acco rdance with Section 40 of this Ch arter. The can didate or nominee receiving th e majority of votes for each seat at s uc h general election shall be de clared e lected . In th e event of a ti e b etween two candidates in the general election the ca ndidates sha ll draw lots in accordance with Florida Statutes to d ete rmin e th e winner. Sec. 42. Elections: Absentee voting . Except as he re in specifica lly provided all elections and absentee voting in the city sha ll b e conducted in accordance with th e provisions of F .S. Chapter 101 . Sec. 4 3. E lections: Canvassing board, duties. The C ity of Atla ntic Beach Can¥assing Board shall be composed of tl=le City Attorney, City.-MaAager and City Clerkdelegates the election canvassing responsibilities for all city elections to the Duval County Canvassing Board. In the e¥ent that any member is una9le to serve , a replacement member shall be appointed by the remaining. two board members. Said replacement sl=lall be a registered voter residing in Atlantic Beacl=l . Sl=lould the City of-AtJa.A~c-Beash municipal election occur on the same day as--a county or special e lection, the county can•Jassing boarEI will fulfill the following duties listed in tl=lis section. The Atlantic Beach Canvassing Board ~may meet in Atlantic Beach , or at a location as decided by the Duva l County Canvassing Board in a b ui lding accessible to th e public to publicly ca nvass the absentee e lectors' ballots and provisional ballots as provided for in Florida Statutes. Public notice of canvassing sha ll be given at least 48 hours in advance in a publication of genera l c irculation in the C ity of A t lantic Beach. The canvass s hall be made from th e returns and certi f ica tes of the inspectors as signed a nd filed by th em. The canvass in g board s hall s ub mit to the S upervisor of Elections the preliminary retu rn s by 11 :59 pm on e lection night. See Fla.Stat. Chap ters 101 and 102 for a complete listing of Can va ssing Board du ties. After Word s stricl(en ar e deletions; wo rd s und erlined are additions. Pag e 14 of 23 AGENDA ITEM #70 AI'RIL 27,2015 each city election . the Canvassing Board shall issue an official Certification of Election to the city clerk. The clerk shall provide a certificate of election to the candidates elected . ARTICLE X. INITIATIVE AND REFERENDUM Sec. 44. Power of initiative . Sec . 45. Power of referendum . Sec. 46. Form of petitions; committee of petitioners. Sec. 47. Fi ling , examination and certification of petitions. Sec . 48 . Amendment of petitions . Sec. 49. Effect of certification of referendum petition . Sec. 50. Co nsideration by city commission . Sec. 51 . Submission to electors . Sec. 52 . Form of ballot for initiated and referred ordinances . Sec. 53. Availability of list of qualified electors. Sec. 54 . Results of election . Sec. 55 . Repealing ord in ances . Sec. 44. Power of initiative. The electors sha ll have the power to propose any o rdinance, except an ord inan ce appropriating money or authorizing the levy of taxes , and to adopt or reject t he same at th e polls, such power being known as th e initiative. Any initiated ordinance may be submitted to the city commission by a petition signed by registered electors of the c ity equal in number to at least twenty five per centum (26%)sixteen percent (16%) of the registe red e lectors at the last regular municipal e lection. Sec. 45 . Power of referendum. Under the power known as the referendum the electors shall have power to approve or reject at the polls any ordinance passed by the c ity commission , or submitted by the city commission to a vote of the electo rs , except as provided in F .S . 166 Part II for bond ordinances . Ordinances submitted to the city commission by initiative petition and passed by the city commission without change sha ll be subject to the referendum . Within twenty thirty (30) days after the enactment by the city commission of any ordinance which is subject to a referendum , a petition s ign ed by registered e lectors of the city eq u al to at least W.•enty five per centum (25%)sixteen percent {16%) of the registered e lectors at the last preceding regular municipal e lection may be filed with the city clerk requesting any such ordinance be eith er repealed by the city commission or submitted to a vote of th e e lectors. Sec. 46. 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, and s h all contain the fu ll text of the proposed ordinance . The signatures to the initiative or referendum petitions need not all be appended to one paper. Signatures on such petitions shall be in ink and shall be followed by the petitioner's place of residence by street and number. There shall appear on each Word s stri elmn are d el etions; words und erlined are additions. Page 15 of 23 AGENDA ITEM II 70 APRIL 27,2015 petition the names and addresses of 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 a notarized affidavit signed by the circulator of the petition stating the number of signatures, that all signatures appended thereto were made in the presence of the circulator, and that the circulator believes them to be the genuine signatures of the persons whose names appear on the petition. Sec. 47. Filing, examination and certification of petitions. A ll petition papers comprising an initiative or referendum petition sha ll be assembled and filed with the city clerk as one instrument. Within tweAty thirty (30) days after a petition is filed, the city clerk shall determine whether each page of the petition has a proper statement of the circu lator and whether the petition is signed by a sufficient number of qualified electors. The city c lerk shall declare any petition paper invalid which does not have attached thereto an affidavit signed by the circulator on each page . If a petition paper is found t o be signed by more persons than the numbers of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified , the signatures shall be accepted unless void on other grounds. After completing the examination of the petition, the ci ty c lerk shall certify the result to the city commission at its next regular meeting . If the city c le rk certifies th e petition is insufficient, a certificate listing the defective items sha ll be prepared and provided to the committee of petitioners . Sec. 48. Amendment of petitions. A n initiative or referendum petition may be amended within ten (1 0) days after the certificate of insufficiency has been sent by the city clerk . An amended petition may be filed as provided by Section 46. The city clerk shall, within five (5) days, examine the amended petition and if the petition is still insufficient, shall file a certificate to that effect and notify the committee of the petitioners of such findings . The finding of the ins uffi ciency of a petition shall not prejudice the filing of a new petition . Sec. 49. Effect of certification of referendum petition. When a referendum petition , or an amended petition, as defined in Section 46 has been certified as sufficient, the ordinance specified in the petition shall not go into effect until and unless approved by the qualified registered e lectors. Sec. 50. Consideration by city commission. Whenever the c ity commission receives a certified initiative or referendum petition from the city clerk, it sha ll proceed forthwith to consider such petition . A proposed initiative ord inan ce shall be read and a public hearing s hall be held upon the proposed ordinance. The c ity commission shall take final action on the ordinance not later than sixty (60) days after the date on which such ordinance was submitted to the city commission. Such final action shall be decided by at least a four-fifths affirmative vote of the full city commission to approve, amend or deny. If such ordinance is one which is referred for reconsideration by the city commission , it shall be brought forth for its final Words stricl<en are de letions; word s underlined are additions. Pa ge 16 of 23 AGENDA ITEM# 70 APRIL 27,2015 vote upon such reconsideration and the question shall be , "Shall the ordinance specified in the referendum be repealed?" Such final action shall also be decided by at least a four-fifths affirmative vote of the full city commission . Sec. 51. Submission to e lectors . If the city commission sha ll fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth, or if the city commission fails to repeal an ordinance referred for reconsideration, the proposed or referred ordinance shall be submitted to the electors not less than thirty (30) days nor more than one year from the date the city commission takes its final vote. If no regular e lection is to be held within the specified time frame, the city commission ffiaY-§hall provide for a specia l election . Sec. 52. Form of ballot for initiated and referred ordinances. Ord inances submitted to a vote of the electors in accordance with the initiative and referendum provision of this Charter shall be submitted by ba ll ot title prepared by the city attorney or other legal advisor of the city . The ballot title may be different from the legal title of any such initiated or referred ordinance and sha ll be a clear, concise statement, without argument or prejudice, descriptive of the subject of such ordinance. The ballot used in voting upon any ordinance shall have below the ballot title the fo llow in g propositions, one above the other, in order indicated: "FOR THE ORDINANCE" and "AGA IN ST THE ORD IN ANCE." Sec. 53 . Availability of list of qualified electors. Lists of qua lifi ed e lectors or registers may be fH:Irchased obtained from the Supervisor of E lections for Duval County in accordance with the provisions of F .S. 98 .21198.045(3). Sec. 54. Results of e lection. If a majority of the e lectors shall vote in favor of a proposed initiative or referred ordinance it sha ll become an ordinance of the city . If conflicting ordinances are approved by the electors at the same e lection, the one receivin g the greatest number of the affirmative votes shall prevail. Sec. 55. Repealing ordinances.Reserved. Initiated and referred ordinances may be amended or repea led only by a four fifths affirmati'le 'lote of the fbi II city commission foiiO¥/ing a pYblic hearing . ARTICLE XI. RECALL ELECTIONS Sec. 56 . Procedures. Sec. 56. Procedures. Recall elections sha ll follow those procedures prescribed by F.S. 100.361. ARTICLE XII. FRANCHISES Sec. 57. Granting of franchises . Words striclmn are deletionsi words underlined are additions . Page 17 of 23 Sec. 57. Granting of franchises. AGENDA ITEM II 71) APRIL 27,2015 The city shall have power to grant a franchise to any private or public e nterprise for the use of streets and other public places in the furnishing of any public service or utility service to the city and its inhabitants. A ll franchises and any renewals, extensions and amendments thereto shall be granted only by ordinance , and under such limitations as may be provided by the laws of the State of Florida. If the proposed franchise is for fifteen years or more, the ord in ance approving said franchise shall not be effective unless it is approved at a referendum in the same manner provided in F .S . 166 for the approval of Issuance of bonds . ARTICLE XIII. TAX ADMINISTRATION Sec. 58 . Tax administration. Sec. 58. Tax administration. Tax administration shall be in accordance with Florida Statutes or as otherwise provided for in the Code of Ordinances . Note: Currently F .S . 193.116, F.S. 205, and Code of Ordinances Chapter 20 . ARTICLE XIV. ZONING Sec. 59. Zoning , land development regulations and maximum building height. Sec. 59. Zoning, land development regulations and maximum building height. Zoning and land development regulations shall be in accordance with Florida Statutes or as otherwise provided for within the Code of Ordinances, except that in no case shall the maximum height of buildings within the City of Atlantic Beach exceed thirty-five (35) feet; provided however, that existing buildings which exceed thirty-five (35) feet in height may be repaired to that existing height, no alterations shall be made to any building, which would cause that building to exceed thirty-five (35) feet in height, and this Charter provision shall not restrict any property owner's vested rights under constitutional , statutory or common law . Further provided , however, that the c ity commission may approve, pursuant to the applicable section of the city's land development regulations, requests to exceed the maximum building height of thirty-five (35) feet for exterior architectura l design e lements , exterior decks or porches within nonresidential land use categories as designated by the future land use map of the adopted comprehensive plan, for nonresidentia I development. The only property excepted from this height limitation shall be certain parts of the existing Sea T~rtle Inn hotel property, located at 1 Ocean Boulevard , Atlantic Beach , Florida , which property is bounded by Ahern Street on the north , the Atlantic Ocean on the east, Atlantic Boulevard on the south , and Ocean Boulevard on the west, and only those parts of said property as follows : (1) The existing bu ildings that exceed thirty-five (35) feet on the property as of the effective date of this ordinance; and (2) That part of said property extending west from the existing hotel tower no more than one hundred twenty-five (125) feet towards the west property line, no Word s st riel~en are deletions; word s underlin ed are addition s. Pa ge 18 of 23 AGENDA ITEM# 70 APRlL 27,20 15 c lo ser than fifty (50) feet to the south property line, w ith no more than a maximum width of one hundred (1 00) feet and containing an additional footprint of no more than e leven thousand five hundred (1 1 ,500) square feet. However, any future development, redevelopment or expansion on th ese parts of the property, which are proposed to exceed thirty -five (35) feet in height shall be subject to approval by the city commission and shall in no event exceed the heigh t of th e existing hote l tower building as of the e ffective date of this ordinance . Note: Currently F .S . 163, F .S . 166, and Cod e of Ordinances Chapters 14 and 20. ARTICLE XV. MUNICIPAL BORROWING Sec. 60. Authority to borrow. Sec. 60. Authority to borrow. The city may borrow mon ey , co ntra ct loans and issue bonds as provided by F .S. 166 Part II from time to time to finance th e und ertaking of any ca pital or other proj ect for th e purposes permitted by th e State Constitution , and may pledg e funds, credit, prope rty , and ta x re ve nues for th e payme nt of such debts and bonds. ARTICLE XVI. SUITS AGAINST THE CITY Sec. 61 . Suits. Sec. 61. Suits. No suit shall be brought aga inst th e city for damages arising ol:lt of an all eged ~ert i ol:ls aet, unless all p ro vi sions of state law have been met. Upon receiving notice of any suit, th e city manager shall eiligently iAvestigate the matter and file a wri tten reJ>ort with the oity olerk to be presentee toinforrn th e city commission at its next meeting of the lawsuit as soon as practica l. +he-oity olet=k shall eetermine if a spoeial meeting shoule be soheduled to deal with an emergency s i t1:1ati~ Upon receipt of a written claim for damages by an injured party th e city commission may, by ordinance , make a settlement of th e claim. ARTICLE XVII. GENERAL AND MISCE LLANEOUS PROVISIONS Sec. 62. Removal of officers and employees. Sec. 63. Removal of membe rs of boards , commissions, o r agencies. Sec. 64. Inve stigations. Sec. 65. Publicity of records . Sec. 66. Personal interest. Sec. 67. Officia l bonds. Sec. 68. Oath of office. Sec. 69. Effect of th is Charter on existing law. Sec. 70. Rights of officers and employees preserved. Sec. 71. Continuance of present officers. Sec. 72. Continuity of offices , boards, commiss ion s or agencies. Sec. 73. Transfer of records and property . Sec. 74. Title to property reserved. Sec. 75. Continuance of contracts and public improvements. Words stricl<eR ar e de letions; word s underlined are additio ns. Page 19 of 23 Sec. 76 . Pending actions and proceedings. Sec. 77. Short title. Sec. 78. Separability.-Severabllity clause . Sec. 62. Removal of officers and employees. AGENDA ITEM fl. 7D APillL 27, 2015 Any officer or employee appointed by the city manager or head of any office, department or agency may be removed by the city manager at any time pursuant to city ordinances. Sec. 63. Removal of members of boards, commissions, or agencies. Except as provided in this Charter, an agent , a member of any board, committee, task force, commission or agency of the city who has been appointed by the city commission, may be removed by the city commission in the same manner as provided for the removal of the city manager in Section 25 of this Charter. Sec. 64. 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 compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas which shall be signed by the president 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 administer oaths. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under th e provisions of this section shall constitute a violation of the municipal ordinance and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty days, or both. Enforcement of any violation of this municipal ordinance shall be by the State Attorney's office . Sec. 65. Publicity of records. To the extent required by F.S. Chapter 119, records and accounts of every office, department or agency of the city shall be public records and open to inspection under reasonable regulations established by the city commission in accordance with the PUblic Records Act. Sec. 66. Personal interest. No member of the city commission, any officer of the city or department head shall have a financial interest, direct or indirect, 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 wi#Wwillfu l violation of this section shall constitute malfeasance in office, and shall b e grounds for removal or termination . Any contract entered into in violation of this section shall be voidable by the city manager or th e city commission. Words striciEeA are deletion s; words underlined are addit ion s. Page 20 of 23 Sec. 67. Official bonds. AGENDA ITEM II 70 APRJL27,20l5 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 emp loyees handling any funds or property of the city shall be required to give bond to the city, which bonds shall be procured from a regularly accredited surety company , authorized to do business under the Laws of Florida, the premiums on such bonds to be paid by the city. All such bonds shal l be filed in the office of the city clerk. Sec. 68. Oath of office. Every officer and employee of the city shall, before entering upon the duties of his o r her office, take and subscribe to the following oath or affirmation , to be filed and kept in the office of the city clerk: "I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida , that I will, in all respects, observe the provisions of the Charter and ordinances of the City of Atlantic Beach , and will faithfully discharge the duties of the office of " Sec. 69. Effect of this Charter on existing law. All laws , ordinances and resolutions relating to or affecting the city in force when this Charter takes effect are hereby repealed and superseded to the extent that such are inconsistent with the provisions of this Charter. Sec. 70. Rights of officers and empl oyees preserved. Nothing contained in this Charter, except as specifically provided , shall affect or impair the rights or privileges of officers or employees of the City of Atlantic Beach or of any office , department, board, commission, or agency existing at the time when this Charter shall take effect. Sec. 71. Continuance of present officers. All commissions , administrative and executive officers , agents , department heads, board and committee members and their powers, duties and obligations at the time this Charter takes effect shall continue in effect until provisions have been made in accordance herewith for the performance of such duties or the discontinuance of such office , powers or obligations. Sec. 72. 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 which previously existed shall be deemed to be a continuation of such office , department, board, commission , agent or agency with the power to continue its duties and obligations. Sec. 73. Transfer of records and property. All records , property and equipment whatsoever of any office , department, board, commission , agency , or agent, all the powers and duties of which are assigned to any other office , department, board, commission , or agency by this Charter, shall be Words s~rieken are deletions; words underlined are additions. Pag e 21 of 23 AGENDA ITEM# 70 APRIL 27 ,2015 transferred and delivered to the office, department, board, commiss ion, or agency to which such powers and du ti es are so assigned . If part of the powers and duties of any office, department, board, comm ission, or agency are by this Charter assigned to any other office , department, board, commission , or agency, all records , property and equ ipm ent relating exclusively thereto shall be transferred and delivered to the office , department , board, comm ission or agency to which such powers and duties are so assigned . Sec. 74. Title to property reserved. The title, rights, and ownership of property, unco llected taxes, dues, claims, judgments, decrees and chases in action, held or owned by the City of At lantic Beach sha ll continue to be vested in the corporation under this Charter. Sec. 75. Continuance of contracts and public improvements. A ll contracts en tered into by the City of Atlantic Beach, or for its benefit, prio r to the taking effect of this Charter, shall continue in full force and effect. Publ ic improvements , for wh ich legis lative steps have been taken under laws or Charter provisions existing at the time this Charter takes effect, shall be carried to completion in accordance with the provisions of such existing laws and Charter provisions . Sec. 76 . Pend ing actions and proceedings. No action or proceeding , civ il or criminal, pending at th e time when this Charter tak es effect, brought by or against the C ity of A tl antic Beac h , or any office , department, board, agents, comm ission , or agency or officer th ereof, s hall be affected or abated by the adoption of this Charter or by anything therein contained . Sec. 77 . Short t itle. This Charter sha ll be known as th e "Atlantic Beach Charter." Sec. 78. Sef:larability Severability clause. If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction , such holding shall not affect the remainder of thi s Charter or th e 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 a section may be inseparably connected in meaning and effect with the secti on or part of section to which s uch holding sha ll directly app ly. ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REVIEW Sec. 79. Effective date of Act. Sec. 80. Effect of changes in state law. Sec. 81 Pe riodic Review Sec. 79. Effective date of Act. This Act shall go into effect subj ect to the refere ndum and in accordance with state law under F.S . 166.031 . Word s stricl<en are deletions; word s und er lin ed are additi ons. Page 22 of 23 Sec. 80 . Effect of changes in state law. AGENDA ITEM #70 APRIL27,2015 In the event of c hang es in state law which are in confli ct with a ny provisions of th is Cha rt er, state law shall prevail. Sec. 81. Periodic Review A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) electors of the City shall be appointed by the City Commission every eight (8) years to rev iew the City Charter and propose any amendments or revis ions . which may be advisable for placement on the regular municipal election ballot. The City Commission shall appoin t the Charter Review Committee in January of the year immediately preceding the election with a definite and specific charge . The Charter Review Committee shall meet for the purpose of organization within thirty (30) days after the appointments have been made . The Charter Review Committee shall elect a chair and vice chair from among its membership . Further meetings of the Charter Review Committee shall be held upon the call of the chair or a majority of the members of the Charter Review Committee . All meetings shall be open to the pub lic. No Charter amendment or revision shall be submitted to the e lectorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review Committee . No later than one-hundred and eighty (180) days prior to the regular municipal election. the Charter Review Committee shall deliver to the City Commission the proposed amendme nts or revisions. if any, to the City Charter. Each proposed amendment shall embrace but one subject and matter directly connected therewith. The City Commission may by reso lution place such amendments or revisions as approved by the Charter Review Committee on the next regular municipal election ballot. If a majority of the electors voting on the amendments or revisions favor adoption. such amendments or revisions shall become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide. If the Charter Review Committee does not submit any proposed Charte r amendments or revisions to the City Commission at least one -hundred and eighty (180) days prior to the regular municipal election . the Charter Review Committee shall be automatically disso lved . Otherwise . upon acceptance, further amendment or rejection of the proposed amendments or revisions by the City Commission . the Charter Review Committee shall be automatica lly dissolved . Words stricken a r e deletions; words underlined are additions. Page 23 of 23