Item 7C 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# 7C
MAY 11,2015
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from its citizens
and the Charter Review Committee, finds the proposed amended City Charter 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 forth in Exhibit "A", attached
AGENDA ITEM# 7C
MAY 11,2015
hereto and incorporated herein by reference, which if approved by the qualified electors of the
City, would repeal and replace all f01mer Charter provisions.
SECTION 2. Submission of Charter Amendment to Public Referendum. This new and
amended Charter 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 Charter 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 Charter 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.
PASSED by the City Commission on first reading this 27 day of April, 2015.
PASSED with a quorum present and voting, by the City Commission this __ day of
______ ,2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
Approved as to form and correctness:
RICHARD KOMANDO,
City Attorney
CAROLYN WOODS,
Mayor, Presiding Officer
EXIIIOIT A
PART I CHARTER
A G ENDA IT EM 11 7C
MAY l1,2 015
A NEW CHARTER FOR THE C ITY OF ATLANTIC BEACH , IN DUVAL COUNTY.
PROVID IN G FOR ITS GOVERNMENT AND PRESCRIBING ITS JURISDICTION,
POWERS , PRIVILEGES AND IMMUN IT IES , WHICH ABOLISHES THE PRESENT
CHARTER OF THE CITY OF ATLANTIC BEACH.
ARTICLE I.-INCORPORATION; FORM OF GOVERNMEN T ; POWERS
ARTICLE II. -THE COMMISS ION
ARTICLE Ill .-THE CITY MANAGER
ARTICLE IV. -THE CITY CLERK
ARTIC LE V . -C ITY ATTORNEY
ARTICLE VI.-DEPARTMENT OF PUBLIC SAFETY
ARTICLE VII . -BUDGET
ARTIC LE VIII . -DEPARTMENT OF FINANCE
ARTICLE IX.-ELECTIONS
ARTICLE X. -INITIATIVE AND REFERENDUM
ARTICLE XI. -RECALL ELECTIONS
ARTICLE XII .-FRANCH ISES
ARTICLE XIII.-TAX ADM INI STRAT IO N
ARTICLE XIV.-ZONING
ARTICLE XV.-MUNI C IPAL BORROWIN G
ARTICLE XVI.-S UI TS AGA IN ST THE CITY
ARTICLE XVII. -GENERAL AND MISCELLANEOUS PROVIS IONS
j ARTICLE XVIII.-WHEN ACT TAKES EFFECT f\N[J PLUODit I 1 [ vi W
Words stricken are de letions; words underlined ar e additions.
Pa ge 1 of 23
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS
AGENDA ITEM # 7C
MAY 11 ,20 15
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 present 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 municipal corporation, known and designated as the 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 prolongation of the
southerly boundary line of Kathryn Abby Hanna Park; running thence westerly a lo ng
the southerly boundary line of sa id Kathryn Abby Hanna Park to the easterly right-
of-way line of Old Sherry Drive (County Road No . 551 ); running thence southerly
along 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 along 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 the 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 corner of the east one-half of said Government Lot 15; running thence
southerly along the west boundary lin e of the east one-half of said 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 line
of Section 40 to a point at the center line of the Intracoastal Waterway; running
thence southerly along said centerline of the Intracoastal Waterway to the
intersection of said center line with a line sixteen (16) feet northerly of, measured at
right angles from and parallel to the centerline of Atlantic Boulevard; running thence
easterly alon g said parallel line and a prolongation of same to the point of
intersection of said prolongation with the low water mark of the Atlantic Ocean; and
running thence northerly along said low water mark of the Atlantic Ocean to the
point or pla ce of beginning; excepting from the territory hereinabove described that
part thereof lying in said Sections 8 and 9 occupied and used by ~ 1u
, • rtr1 I 11 ntu EJecu It Count ry Club as described in deed recorded in Volume 652 ,
page 484, Official Records of Duval County; 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
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Page 2 of 23
AGENDA ITEM# 7C
MAY 11,2015
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 of F.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. 1 0. 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.
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Page 3 of 23
Sec . 20. Right of city manager and other officers in city commission .
Sec. 5. Number of commissioners; selection; term.
A GENOA ITEM II 7C
Mi\ VII, 2Q I5
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, elected at large
without regard for any designation of political party affiliation. The seats shall be known
as seats 1 through 5 respectively , and seat 1 shall be designed as the mayor-
commissioner. Seats 2 through 5 shall be designated as district commissioners , with
each commissioner required to reside within the district from which he or she is elected.
The four (4) districts shall be created using the precinct lin es 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 exte nt 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 co mm ission seats 2 through 5 shall not
serve more than two (2) consecutive four-year terms. Serving any part of a term shall be
considered a full term. Nothing contained herei n shall prevent anyone who has served
as a city commissioner from being appointed or elected to the position of mayor-
commissioner and then serving in that capacity four (4) consecutive two-year terms.
Sec. 6. Qualifications and disqualifications.
Members of the city commission shall have been full-time residents of the city for at
leas t c fl -• 1~L '/t. ;. r , immediately prior to qualifying. They shall be electors in the
city. Full -time residency shal l be defined as the person's principal place of abode during
the year. Members of the city commission shall not hold any other elective office . Any
member of the city commission ceasing to possess the foregoing qualifications or who
shall have been convicted of a crime punishable by more than one (1) year of
imprisonme nt or a crime involving moral turpitude , shall forfeit the seat prior to the next
meeting of the city commission. Absence from four co nsecutive 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 e ntered upon the minutes.
Sec. 7. Salary.
The sa lary of the members of the city comm ission shall be set by ordinance.
Sec. 8. Presiding officer: Mayor.
The mayor-commissioner shall preside at all meetings of the city commission and
s hall be recognized as head of the city government fo r all ceremonia l purposes and by
the governor for all purposes of mi litary law. When directed to do so by the city
commission the mayor-commissioner shall execute all instrum e nts to which th e city is a
party, unless otherwise provided by the Charter or by ordinance . The mayor-
commiss ioner shall have no regular administrative duties except as authorized in this
Charter but may appoint, from time to time, such special or se lect committees as in his
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Page 4 of 23
AGENDA ITEIV1 fi7C
MAY 11 ,201 5
or h er discretion he 01 .§.he deems desirable~r~ay-be-Efefife~ y #:!e-Gity
GGfRm4ssien, to expedite the handling of the business and affairs of the city. Other
m embers of tile city commi ssio 11 rn uy on occasion appoint special or se lect cor nmittees
w it h th e approval of a majority of the commissiou. In the temporary absence or disability
of the mayor-commis sioner, all duties of the mayor-commissioner shall be performed by
I the mayor pro tempore-wRa-64all lle appalrttetf-by the cit ~Oil1flltSSiou-f..f,m-itl':.
mer1:tW6.
Sec. 9. Powers.
Except as may be otherwise provided i n this Charter, all powe rs of the c ity 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 ) Adopt a budget;
(2) Authorize the issuance of bonds, revenue certificates, and other evidences of
indebtedness;
(3) Establish Q! IJtLii~l official boards and elect the members thereof as
recommended by the mayor;
(4) Adopt and modify the official map of the city;
(5) Regu late and restrict the height, number of stories, and size of buildings and
other stru ctures, the perce ntage of a lot that may be occupied , th e size of yards,
courts , and other open spaces, the density of population, and the lo cation and
use of buildings, structures, and land and wate r for trade, industry, residence or
oth e r purposes;
(6) Provide for an independent audit;
(7) Pass ordinances and laws for the preservation of the public peace and order
and impose penalties for the violation thereof; provided that th e 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 ni nety (90)
days,~. 01' a::. othu tw isc provid ed fnr by rio rid~ Statute:;;;
(8) Lease golf courses, hospitals. i!l nd airports (.Jf*' ~. or a ny portion thereof,
after the city commission has passed an ordinance authorizing any such lease;
(9) Sell golf courses, tmSJ,»t · I,., a ir 1 dr . r N~rf and the public utility system, or any
porti on thereof, now owned by the city or hereafter acquired by it after the city
c ommission has passed an ordinance th <'t in 'Yhidl (a} there is a f inding that
public welfare no longer requires the operation of any such facility. and !h) it·l
w' ich 1" ·bt~fl:}(i the terms of sa le g{ ! eal pr qpett,y willlill tltb dty jil11it s e: 1 t
stated · and (cl after su c h ordinance has been submitted to the qualifie d voters
of the city at an e lection ca ll ed for that purpose ;
(1 O)Provide rul es and regulations for all purchases and sales made for and in behalf
of the city;
(11 )Appoint, remove and fix the compensation of all office rs and employees
appointed by the city commission as hereina fter provid ed;~lht"' c•t..Y commts .. ion
s lla ll rfCJ I rn a rumnurJ I J rfon nancr r~vi .N A of thr c ity c.f['rk, city manager a ti d
c ity a ttor ney;
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Page 5 of23
AGENDA ITEM # 7C
MAY 11 ,2015
(12)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
provisions of this Charter.
(13) The rn" yor [!rO teiJlpore 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 pub lic park ; and parl<s sha ll not be sold, leased long
term. gifted , changed i n descr iption or use. or otherwise disposed of; and no
str ucture sha ll be built in any such park to accommodate activities not
customarily associated with park use or outdoor recreation; unless such sale,
lease disposal, g ift or structllle is approved by unanimous vote of the eutire cily
comrnissio rr .
Sec. 10. Appointment of city manager.
The city comm ission shall appoint an administrative officer of the city , who shall
have the title of city manager, who shall have the powers and perform the duties
provided in this Charter and who sha ll be compensated at a rate set by the city
commission. No member of the city commission shall receive 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_ rt movt;~d or
incapacitated and unable to appoint a substitute as required in Sec. [S ection] 24 of this
Charter, the city commission shall appoint someone to perform the duties of the city
manager.
Sec. 11 . Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may rQgue&t , if they deem it necessary, ppeint a
deputy city manager and deputy city clerk, respectively , to bl hirl:d ~~ _IDWrov d bv II![
c rty c;omrn i· si JO c.nd who shall be compensated at a rate set by the city commission .
Sec. 12. Vacancies in the city commission.
If any vacancy occurs in the city commission, the city commission shall e lect, 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 fill the
vacancy until the ne xt general e lection .
Sec. 13. Creation of new departments or offices; change of duties.
The city comm ission, by ordinance , may create, change or abolish offices,
departments, authorities or agencies. The city commission may, by ordinance, assign
additiona l functions or duties to the offices , departments or agencies established 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.
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Page 6 of 23
Sec. 14. Induction of city commission into office; meetings of the city
commission.
AG E NDA ITE M # 7C
MA VII, 201 5
After each primary election or general election (if needed), the newly elected city
commissioners shall assume the duties of office at the regularly scheduled meeting of
the city commiss ion held on the second Monday in November provided that the
Supervisor of E lections 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 commissioners 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 elected 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 sha ll not be less than one regu lar
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 sha ll be the judge of the election and the qualifications 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. Rules of procedure; journal of minutes.
The City Commission shall determine its own rules and order of business . It shall
require ., J '11• I !hrt minutes of its proceedings to be kept 11r1 ;, ''', 1 r l h•
minutes shall be open ;~n J r• motr lv ... \lat l bl to tiH public 1 l' r I n f1 a timelv rnanner,
lll lll ur h t.mnmon l , 1lecJ r11athocJG .
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 establish ing a fine or
other penalty, a fee for service , appropriation of funds , the contracting of indebtedness,
or the sa le of real property shall be by ordinance . The enacting clause of all ordinances
shall be : "BE IT ENACTED BY THE CITY COMMISS ION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH , FLOR IDA."
Sec. 18. Procedure for passage of ordinances and resolutions.
The minimum 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 Atlanti c
Beach City Commission.
Sec. 19. Independent annual audit.
At the beginning of each fiscal year the city comm iss ion sha ll designate a certified
public accountant or a firm of certi fied public accountants who , as of the end of the fiscal
year, sha ll make an independent audit of accounts and other evidences of financial
Words stricken are d eletions; words underlin ed are additions.
Pag e 7 of 23
AG ENDA ITEM #7C
MAY 11 ,2015
transactions of the city government and shall 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. I i At rt II' ' 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 .
ARTICLE 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 be chosen by the city commission solely on the basis of
administrative qualifications and with special reference to education and experience in
and knowledge of accepted 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 p~a!2!Y_ in Public
Administration or a directly related 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 dll . fivjL(5j years of ?riJ.~lnistratiw experience as a city
municipal, r county, 01 s tatE government admini:.,trator :.,erving 111 at lea ,t 11
ass1stant department head or the . uivalent in responsibility; a nd-()hi~
a lnllll~~tr~tivf-4Jr Q. ·•ttlv t HJt;'1f nr-as n-a istaut oro puty oity tnd''~ ~ •
(3) A graduate degree acceptable to the city commission may be substituted for not
more than one year of the required experience.
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AGENDA ITEM II 7L
MAY 11,2015
(4)-+wo..-year&ef-aaaitionai -&JepeJienoo-aG ptal:lle-to the lty-GOIIlm issHlt oay4'Je
su1Jstil4:jt d fOr-"Gh year-of edusa~en toward a eassaJaUI ,;t(.l-Qegr eru~o~
1 t r~iml'm Jf r ~lit A( , , s-
At the time of appointment, the new city manager need not be a resident of the city
or state, but ~·nil .c tv tc Htu qf , f,tr U!h in • i> (tJ month· h • cit lt 1c.ttat r shall
res ide within the city of Atlantic Beach .
Sec. 23. Powers and duties.
The c ity manager shall 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 with the city clerk; and
(2) Administering and enforcing all enactments of the city commission ; and
(3) Preparing and forwarding agenda materials to th e city clerk for every
commission meeting; and
(4) Preparing the budget annually and submitting it to the city commission , and
being responsible for its administration after adoption; and
(5) Preparing and submitting to the city commission at the end of each fiscal year,
a comp lete 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 the latter, by another
administrative officer of the city designated fu~t by the city manager or __::~oml. by a
! na jo r it y of th c 1ty cornmiC'C' 1011th dupuly J>il y-t l,.., P F.
Sec. 25. Removal of the city manager.
The city manager shall serve at the pleasure of the city comm1ss1on . The city
commission may remove the city manager by the affirmative vote of not less than three
(3) of its members.
(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 c ity manager may head one or more administrative department or select and
employ persons qualified in accordance with city personnel practices to supervise,
direct and control such departments.
ARTICLE IV. THE CITY CLERK
Sec. 28. Appointment; duties.
Sec. 29. Qualifications.
Sec. 30. Removal of the city clerk.
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Page 9 of 23
Sec. 28. Appointment; duties.
AGE NDA JTI!:M # 7C
MAY 11 ,201 5
The city commission shall appoint an executive officer to serve the city commission
and to assure that all its enactm ents are effectively carried out. The t itl e of the executive
officer shall be "city clerk" 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) Establish and maintain a line of communication with the city manager; and
(2) Prepare an agenda for every commission meeting and a permanent record of
each such meeting; and
(3) Disseminate information as necessary about activities , findings, or decisions of
the city commission ; and
(4) Provide the city commiss ion with tJ nodi rerx>rtr.informati >n as requested
about th fr< A''' nf"' •., 1 r ' Ill ;I r .. ,:,y...~f tha-legi61atr•J•.; programs of the city
government; and
(5) Serve as supervisor of election for city elections; and
(6) Serve as custodian of all city records and the seal of the city ; and
(7) Administer oaths; and
(8) Conduct such other activities as may be specified by this Charter, the city code
or the city commission.
Sec. 29. Qualifications.
The city c lerk shall be chosen by the city comm1sston solely 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 clerk shall meet the foll owing educational and
experience requirements :
(1) At least a baccalaureate [lf•.!fer?l'Jy in Business Administration or a related field
acceptable to the city commission from a college or university accred ited 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 c ity
commission ; and
(2) Two years of experience in public administration satisfactory to the c ity
commission .
(3) In lieu of the required baccalaureate degree, the city commission may in its
discretion, accept four add itional years of acceptable experience in public
administration or a re l ated fie ld of public or private service.
(Ord. No. 28-93-3, § 1, 8 -23-93)
Sec. 30. Removal of the city clerk.
The city clerk shall serve at the pleasure of t he city commission . The city
commission may remove the c ity clerk by the affirmative vote of not less than three (3)
of its members.
ARTICLE V. C ITY ATTORNEY
Sec. 31 . Appointment and qualifications.
Sec. 32. Powers and duties.
Words stri cken are deletions; words underlined are additions.
Page 10 of 23
Sec. 31. Appointment and qualifications.
AGEN DA ITEM II 7C
MAY 11 ,201 5
The city commission shall appoint a city attorney .. wtm h m. v • < I ~ '"'" 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 counse lor for, the city and its
officers in matters relating to their official 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 behalf of the c ity, all civil complaints,
suits and controversies in which the city is a party; and
(4) Furnishing opinions on questions of law relating to the powers and dutie s of city
officers; and
(5) Performing such othe r duties as may be required by ordinance or resolution of
the city commission.
{!>} fhe c.1ty a tlou m y .,IJ a ll serve at th e pleasure of th e citv co rumi ssion. The c i t ~
conunissio n m ay re m o ve th e c ity atto rn ey by the affirma tive vc)t e of not less
tha n three (3) of il s m embe rs .
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
Sec. 33. Appointments and responsibilities .
Sec. 33. Appointments and responsibilities.
The appointment, duties, functions and other responsibilities of the director of public
safety, police department, police chief, fire departme nt, fire chief and their respective
staff members are found in the city code Chapter 2 , Divisions 2 and 3 .
ARTICLE VII. BUDGET
Sec. 34 . Pre paration 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 u 1 h e r _designee. The
director of finance shall provide the c ity manager with a preliminary estimate of
revenues and beginning fund balances for the upcoming fiscal year.
Upon rece ipt 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 pa ssage of th e
budget and millage rates.
Words stricken ar e deletio ns; words underlined are additions.
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AG E NDA ITEM # 7C
MAY 11,201 5
Upon final adoption , the budget shall be in effect for the next fiscal year. 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 shall be the head of the department of finance and shall be
appointed and removed by the city manager. The qualifications, powers and duties of
the director of finance are defined in the Code of Ordinances.
ARTICLE IX. ELECTIONS
Sec. 36. Elections.
Sec. 37. Nonpartisan elections .
Sec. 38. Electors; registration.
Sec. 39 . Nominations.
Sec. 40. Elections: Primary.
Sec. 41 . Elections: General.
Sec. 42. Elections: Absentee voting .
Sec. 43. Elections : Canvassing board, duties.
Sec. 36. Election _f_ utt l iOt_.
The city commission shall , by ordinance, make all regulations which it considers
necessary, not inconsistent with this Charter or state law, for the conduct of municipal
elections and for the prevention of fra ud therein .
Sec. 37. Nonpartisan elections.
All elections for the office of comm1ss1oner and mayor-comm1ss1oner shall be
conducted on a nonpartisan basis without any designation of political party affi li ation .
Sec. 38. Electors; registration.
Any person who is qualified to register to vote and is a resident of Atlantic Beach
who has qualified as an elector of this state, and who registers in the manne r prescribed
by F.S . Chapter 98 and ordinances of Atlantic Beach, sha ll be a qualified elector of the
municipality.
Sec. 39. Nominations.
Any elector of the city having the additional qualifications and limitations as set forth
in Article II , Section 6, may be nominated for a seat in the city commission. Such
nomination shall be only by petition . A petition for this purpose shall be signed by not
less than l , ( l.n)LW :!..I!Y 11v {?',) qua lified electors of the city . The signatures on the
nominating petition need not all be subscribed on one paper. Each separate paper shall
have affixed a signed statement of the circulator thereof stating the number of signers of
such paper and that each signature appended thereto was made in the presence of the
Word s stricken ar e deletions; words underlined are additions.
Page 12 of 23
AGENDA ITEM # 7C
MAY 11,2015
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 6th 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 stricken are deletions; words underlined are additions.
Page 13 of 23
Sec. 40. Elections: Primary.
AGENDA ITEM # 7C
MAY 11,20 15
A primary election for the nomination of candidates for the office of city
commissioner of the city shall be held every two (2) years on the Tuesday that is ten
(10) weeks prior to the Genera l Election, for each seat on the city commission which
shall become vacant on the second Monday in November of the same year, or when the
newly elected city commissioners assume the duties office in accordance with Sec. 14
of this Charter. 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
e lection a majority of all votes cast, he (lr c;he. shall be declared regularly elected and
shall not be required to enter the general election as hereinafter provided. Howe ver,
should on ly one candidate be nominated for a particular seat, an e lection for that seat
will not be required and the unopposed candidate shall be declared elected to the office
of city commissioner.
Sec. 41. Elections: General.
A regu lar or general e lection of candidates or nominees to the office of city
commissioner shall be held every two (2) years on the first Tuesday after the fi rst
Monday in November, un less all vacancies have been determined by the primary
e lection in accordance with Section 40 of this Charter. The candidate or nominee
rece iving the majority of votes for each seat at such genera l election shall be declared
elected . In the event of a tie between two candidates in the general election the
candidates shall draw lots in accordance with Florida Statutes to determine the winner .
Sec. 42. Elections: Absentee voting.
Except as herein specifica lly provided all e lections and absentee voting in the city
sha ll be conducted in accordance with t he provisions of F.S . Chapter 101 .
Sec. 43. Elections: Canvassing board, duties.
The City of Atlantic Beach ~nv "mfi-8oarG-s~1alt-00-<;amposed -Gf-lhe-Gily
Attor-noy-l ~tv -M'Q.nag rand Cit~e rkde l egates tha election can vassing tesponsibilities
fu r a ll ci ty eleclion:) to tha Duval County Canvassing l3oard . ln-the-evant-tAat-a»y
mem9er-4s-ooabl&-tG-serve,a-FeJ:)Iaaement.lffemher-shall-be-ap~ointecl-by-the-rema~ning.
two-Geal4-memhers . SaiEHeplaGeFnen l.al~~er-ed-voter-residmg-tR-AttanUG
Beash~ou l d the-~ty-ef-A"a~G-Beaoh-rm~rucipal-eleGtioA OGGUF-GR-#le-sarne--Oay-as-a
oou nt~f}eGiat-e lestioo,tl:'f&-OOUAty.cartJ~ssing -he; R 1 ~IWuUill tlle-foi1Pwing-<lllt1e&
4isteG-ir:Hhi& section . The Atlam~e~l1 Canvassing Board '-hall ·!!@'/ meet in Atl anhr
Beach or at a lu~at iun 1c; c.lt:.:cided_Qy the Duval County Canvc1.,~ine1 Board in a building
accessible to the public to publicly canvass the absentee electors' ball ots and
provisional ballots as provided for in Florida Statutes. Public notice of canvassing shall
be given at least 48 hours in advance in a publication of general circulation in the City of
Atlantic Beach . The canvass shall be made from the returns and certificates of the
inspectors as signed and filed by them. The canvassing board shall submit to the
Supervisor of E lections the preliminary returns by 11 :59 pm on e lection night. See
Fla.Stat. Chapters 101 and 102 for a complete listing of Canvass in g Board duties. {ill_c..r
Words stricken are deletions; words underlin ed ar e additions.
Pag e 14 of 23
AGEND A IT EM # 7C
MAY 11,201 5
each cltv e lecl!Oil th c r llVc r IIl ii l 0 · I d 11' II i ~u _o_of ll< 'I I ( 1111 1-" ti }II or _l(,r I lOt i
tu th c 1 v cle r" The clerk shall provide a certificate of e lection 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. Filing, examination and certification of petitions.
Sec. 48 . Amendment of petitions.
Sec. 49. Effect of certification of referendum petition .
Sec. 50 . Consideration by city commission .
Sec. 51 . Submiss io n to electors.
Sec. 52 . Form of ballot for initiated and referred ordinances.
Sec. 53 . Availability of list of qualified electors .
Sec. 54 . Results of e lection .
Sec. 55. Repealing ordinances.
Sec. 44. Power of initiative.
The e lectors shall have the power to propose any ordinance, except an ordinance
appropriating money or auth orizing 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 city commission by a petition signed by registered electors of th e city
equal in number to at least I t j (I' f r r-il'ril { 1 o,.qSi iXl£'e!!_JJ_P Jl f nt (!b%) Of the
reg istered 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 city commission, or submitted by the
ci ty commission to a vote of the e lectors , except as provided in F.S . 166 Part II for bond
ordi nances . Ordinances submitted to the city commission by ini tiative petition and
passed by the city commission without change shall be subject to the referendum .
Within l 1 • T thi!jy (JQJ days after the enactment by the city commission of any
ordina nce which is subject to a referendum , a petition signed by registered electors of
the city equal to at least tw RW flut ,. ~t-tk•l1l-P~:..oJ. )s i xL~:.n J2ercent _( 1Q0/J) of the
registered e lectors at the la st preceding regular municipal e lection may be fi led with the
city clerk requesting any such ord inan ce be either repealed bv th r-·ity C'O IIl l •i• s ican or
submitted to a vote of the electors .
Sec. 46. Form of petitions; committee of petitioners.
All petition papers circu lated for the purpose of an initiative or referendum shall be
uniform in size and style, and shall contain the full 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
Words stricl~en are detetions; words underlined are additions .
Page 15 of 23
AGENDA ITEM # 7C
MAY 11,2015
petition the names and addresses of five electors who, as a committee of the
petitioners , shall be regarded as responsible for the circu lation 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 circu lator
believes them to be the genuine signatures of the persons whose names appear on the
petition.
Sec. 47. 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 nty thirlv ( 30) days
after a petition is filed, the city clerk shall determine whether each page 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 clerk 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 to 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 city clerk shall certify the result to the city
commission at its next regular meeting. If the city clerk certifies the petition is
insufficient, a certificate listing the defective items shall be prepared and provided to the
committee of petitioners.
Sec. 48. Amendment of petitions.
An 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
insufficiency 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 electors.
Sec. 50. Consideration by city commission.
Whenever the city commission receives a certified initiative or referendum petition
from the city c lerk, it shall proceed forthwith to consider such petition. A proposed
ini tiative ordinance shall be read and a public hearing shall be held upon the proposed
ordinance. The city 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. buc It tlnal attiun h ll_!J e dc~u.JLd by a.U ·~ls\ ww f1hh . ~,frmn.attve vote of
the.. lull t.tly cutJ.!mi ssiun to a pp1ovc. -m nd or d n':{ If such ordinance is c•nP w!lidl i"-
referred for reconsideration by the city commission, it shall be brought forth for its final
Words stricl,en are deletions; words underlined ar e addition s.
Pag e 16 of 23
AGENDA ITEM II 7C
MAY 11,201 5
vote upon such reconsideration and the question shall be, "Shall the ordinance specified
in the refere ndum be repealed ?" &ud 1 fi nal a dion sha ll a lsu h ... d ecicJ od by a t least a
fo u r fitth::t .Jfllrmativt v ote of th o fu ll city commissi on.
Sec. 51. Submission to electors.
If the city commission shall fail to pass an ordinance proposed by initiative petition
or shall pass it in a form different from that set forth , or if th e city commission fails to
repeal an ordinance referred for reconsideration, the proposed or referre d ordinance
shall be submitted to the e lectors not less than thirty (3 0) days nor more than on e year
from the date the city commission takes its final vote . If no regular election is to be he ld
w ithin the specified time frame , the city commission 1n y ~.h II provide for a special
election .
Sec. 52. Form of ballot for initiated and referred ordinances.
Ordinances submitted to a vote of th e electors in accordance with the initiative and
refe rendum provision of this Charter shall be submitted by ballot title prepared by th e
city attorney or other legal advisor of the city. The ballot title may be different from th e
legal titl e of any such initiated or referred ordinance and shall be a clear, concise
statement, without argument or prejudice, descriptive of the s ubject of such ordinance .
The ballot used in voting upon any ordinance shall have below the ball ot title th e
following propositions, one above the other, in order indicated: "FOR TH E
ORDINANCE" and "AGAI NST THE ORDINANCE."
Sec. 53. Availability of list of qualified electors.
Lists of qualified electors or registers may be rwr ;hill J c1 nbt"i11RJ from the
Supervisor of Elections for Duval County in accordance with the provisions of F .S .
flP .l-1 1 98.04~3).
Sec. 54. Results of election.
If a majority of the e lectors shall vote in favor of a proposed initiative or referred
ordinance it shall become an ordinance of the city. If conflicting ordinances are
approved by the e lectors at the same election, the one rece ivin g the greatest number of
the affirmative votes sha ll prev a il.
Sec. 55. ~'lfKJ lifl{t-OmlnaRG Reserved.
lnitiatud a nd ~*'r~a..o 1 uiu a~ves-n~ay l l ll''"~e~a~r~e. lea o nly-,by-a--fa\:lf-fifth
affir-ma tlV&4/ete-ef-the-f~ity-oomm issie~J-KJII9~Q~H9 1iG-J:leat=f Rg -
ARTICLE XI. RECALL ELECTIONS
Sec. 56. Procedures.
Sec. 56. Procedures.
Recall e lections shall follow those proced ures prescribed by F.S . 100.361 .
ARTICLE XII. FRANCHISES
Sec. 57. Granting of franchises .
Words stri cken ar e deletions; words underlined are additions.
Page 17 of 23
Sec. 57. Granting of franchises.
AG!i:N OA IT EM 117C
MA \' II, 2015
The city shall have power to grant a f ranchise to any private or public enterprise for
the use of streets and other public p la ces in the furnishing of any public service or utility
service to the city and its inhabitants . All franchises and any renewals, extensions and
amendments thereto shall be granted on ly 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 ordinance approving said franchise sha ll not be effective
un less 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
th irty -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 city 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 architectural design
elements , exterior decks or porches within nonresidential land use categories as
designated by the future land use map of the adopted comprehensive plan, for
nonresidential development.
The on ly property excepted from this height limitation shall be certain parts of the
existing ( ( "" l •fU U111 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 sa id property as follows :
(1) The existing build ings that exceed thirty-five (35) feet on the property as of the
effective date of this ordinance; and
(2) T hat 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
Words striclmn ar e deletion s; words underlin ed are additions.
Page 18 of 23
AG ENDA ITEM #7C
MAY 11,2015
closer than fifty (50) feet to the south property line , with no more than a
maximum width of one hundred (100) feet and containing an additional footprint
of no more than eleven thousand five hundred (11,500) square feet.
However, any future development, redevelopment or expansion on these 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 height of the
existing hotel tower building as of the effective date of this ordinance .
Note: Currently F .S. 163, F .S. 166, and Code of Ordinances Chapters 14 and 20.
ARTICLE XV. MUNICIPAL BORROWING
Sec . 60. Authority to borrow.
Sec. 60. Authority to borrow.
The city may borrow money , contract loans and issue bonds as provided by F .S.
166 Part II from time to time to finance the undertaking of any capita l or other project for
the purposes permitted by the State Constitution , and may pledge funds , credit,
property, and tax revenues for the payment of such debts and bonds.
ARTICLE XVI. SUITS AGAINST THE CITY
Sec. 61. Suits .
Sec. 61. Suits.
No suit shall be brought against the city for damages • r sing out of-an...aUeg
tm-~OIJ~~t. unless all provisions of state law have been met.
Upon receiving notice of any suit , the city manager shall •ligeHtly.-irwe 'rg~t€\-th'
rn· t eF an(1 1il w, ;w. 1 H , ~r-t-with th utty ..r,f 1" I ,-pr. .nted-toinform the city
commission ~ -iiG-nP.¥1-rneetin~ of lha lawsuil as soon as pt acticat.-=l:t1 e-£ity Gl• rk h U
cJet• 1-rnif,,.Yf. t '<'...A~ n tt'l.p ttnu lr tlr -t>t..lltaE:I~d tl f'l l-wjtt, ~,, ~ nu .. q "I 'y ~~ati'~.l
Upon receipt of a written claim for damages by an injured party the city commission
may, by ordinance , make a settlement of the claim .
ARTICLE XVII. GENERAL AND MISCELLANEOUS PROVISIONS
Sec. 62 . Removal of officers and employees.
Sec. 63. Removal of members of boards, commissions , or agencies .
Sec. 64. Investigations.
Sec. 65 . Publicity of records .
Sec. 66. Personal interest.
Sec. 67. Officia l bonds.
Sec. 68 . Oath of office.
Sec. 69. Effect of this Charter on existing law.
Sec. 70 . Rights of officers and employees preserved .
Sec. 71 . Continuance of present officers.
Sec. 72 . Continuity of offices , boards , commissions 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~e n ar e d eletions; words und erline d are additions.
Pa g e 19 o f 23
Sec. 76. Pending actions and proceedings.
Sec. 77 . Short title.
Sec. 78 . · ·I 1. hili severabihl)l clause .
Sec. 62. Removal of officers and employees.
AGENDA I'I'EM # 7C
MAY II, 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 remova l 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 whi ch shall be signed by the president or
chairman of the body, or by the officer making the investigation , and sha ll 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 th e state to administer
oaths . Failure to obey such subpoena or to produce books , papers, or other evidence
as ordered under the 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 sixt y 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 regu lations 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 1U -1tw111tul violation of this section shall constitute
malfeasance in office , and shall be grounds for removal or t ermination . Any contract
entered into in violation of this section shall be voidable by th e city manager or the city
commission .
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Sec. 67. Official bonds.
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The city commission shall determine whether or not each officer, clerk, or emp loyee
shall give bond, and the amount thereof, but all officers, clerks and emp loyees handling
any funds or property of the city sha ll 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 shall be filed in the office of the city clerk.
Sec. 68. Oath of office.
Every officer and employee of the city sha ll , before entering upon the duties of his
n 1 ht 1 office, take and sub scribe to the following oath or affirmation , to be filed and kept
in t he office of the city clerk:
"I solemn ly 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 th e 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 re lating 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 employees preserved.
Nothing contained in this Charter, except as specifically provided, shall affect or
impai r 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.
A ll commissions, administrative and executive officers, agents, department heads ,
board and committee members and their powers , duties and obligations at the tim e 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, comm issio n 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.
A ll 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, commiss ion , or agency by this Charter, shall be
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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 any
other 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.
Sec. 74. Title to property reserved.
The title, rights, and ownership of property, uncollected taxes, dues, claims,
judgments, decrees and chases in action, held or owned by the City of Atlantic Beach
shall continue to be vested in th e corporation under this C harter.
Sec. 75. Continuance of contracts and public improvements.
All contracts entered into by the City 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 existi ng 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. Pending actions and proceedings.
No action or proceeding , civil or criminal , pending at the time when this Charter
takes effect, brought by or against the City of Atlantic Beach, or any office , department,
board, agents, commission, or agency or officer thereof, shall be affected or abated by
the adoption of this Charter or by anyth ing therein contained .
Sec. 77. Short title.
This Charter shall be known as the "Atlantic Beach Charter."
Sec. 78. r hi11 ~~ ~ bllity clause.
If any section or part of a section of this Charter shall be held invalid by a court of
compete nt jurisdiction , such holding shall not affect the remainder of this Charter or the
context in which such section or part of section so held invalid may appea r, except to
the extent that an entire section or part of a section may be inseparably connected in
meaning and effect with the section or part of section to which such holding shall
directly apply.
ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERlOOIC REVIEW
Sec. 79 . Effective date of Act.
Sec. 80 . Effect of cha nges in state law.
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Sec. 79. Effective date of Act.
This Act shall go into effect subject to the referendum and in accordance with state
law under F.S. 166.031 .
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Page 22 of 23
Sec. 80. Effect of changes in state law.
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In the event of changes in state law which are in conflict with any provisions of th is
Charter, state law shall prevail.
Sec. 81. Periodic Review
A Charter Review Committee consisting of at least nine (9) and no more than
fifteen (15) e lectors of the City s ha ll be appointed by t he City Commiss ion everv eight
~ars to rev iew the City C harter a nd propose any amendments or revisions, which
_may be advisab le for placement on the regu lar municipal e lection ba llot
The City Commission sllall appoint the Charter Review Committee in January of the
year immediate ly preced ing the e lection with a definite and specific charge. The
C harter 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 public. No
Charter amendment or revision shall be submitted to the electorate 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
e lectioo... the Charter R~yiew Committee shall deli ver to the City Commission the
.PfQP..Osed amendments or revisions. if any. to 1he City Charte1. Each n roposed
amendment shall embrace but one subject and matter directly connected therewith .
The City Commission may by resolut ion place such amendments or revisions as
approved by the Charter Review Committee on the next regular municipal e lection
ba llot. 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 subm it any proposed Charter amendments
Qr revisions to the City Commission at least one-hundred and eighty (180} days prior to
the regular municipa l e lection. the Charter Review Committee shall be automatically
dis§olved . Otherwise. upon acceptance, further amendment or rejection of the proposed
amendments or 1evisions by the City Commission . the Charter Review Committee shall
be automatically dissolved .
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