33-15-19 ORDINANCE 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.
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 Borno, 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
hereto and incorporated herein by reference, which if approved by the qualified electors of the
City, would repeal and replace all former 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
in 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 // f4 day of
/14af , 2015.
Cl; , ,'
CAROLYN WOODS,.
Mayor, Presiding Officer
ATTEST:
DONNA L. BARTLE,
City Clerk
Approv=• ,s to a and correctness:
RICHARD KOMANDO,
City Attorney
Ordinance No. 33-15-19 Page 2 of 2
EXHIBIT A
PART I CHARTER
A NEW CHARTER FOR THE CITY OF ATLANTIC BEACH, IN DUVAL COUNTY,
PROVIDING FOR ITS GOVERNMENT AND PRESCRIBING ITS JURISDICTION,
POWERS, PRIVILEGES AND IMMUNITIES, WHICH ABOLISHES THE PRESENT
CHARTER OF THE CITY OF ATLANTIC BEACH.
ARTICLE I. - INCORPORATION; FORM OF GOVERNMENT; POWERS
ARTICLE II. - THE COMMISSION
ARTICLE III. -THE CITY MANAGER
ARTICLE IV. - THE CITY 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 XIII. -TAX ADMINISTRATION
ARTICLE XIV. - ZONING
ARTICLE XV. - MUNICIPAL BORROWING
ARTICLE XVI. - SUITS AGAINST THE CITY
ARTICLE XVII. - GENERAL AND MISCELLANEOUS PROVISIONS
ARTICLE XVIII. -WHEN ACT TAKES EFFECT AND PERIODIC REVIEW
Words stricken are deletions; words underlined are additions.
Page 1 of 23
EXHIBIT A
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS
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 the 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 along
the southerly boundary line of said 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 line 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 line 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 along 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 place of beginning; excepting from the territory hereinabove described that
part thereof lying in said Sections 8 and 9 occupied and used by Se-Iva
Ma++naAtlantic Beach Country 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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EXHIBIT A
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. 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 .
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EXHIBIT A
Sec. 20. Right of city manager and other officers in city commission.
Sec. 5. Number of commissioners; selection; term.
The city commission shall consist of five (5) electors of the City of Atlantic Beach
who have the qualifications as defined in 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 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-year terms. Serving any part of a term shall be
considered a full term. Nothing contained herein shall prevent anyone who has served
as a city commissioner from being appointed or elected to the position of mayor-
commissioner and then serving in that capacity four (4) consecutive two-year terms.
Sec. 6. Qualifications and disqualifications.
Members of the city commission shall have been full-time residents of the city for at
least e wa-ey e.-Fiv�o _ears 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 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
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 resolution setting forth the fact of such
excuse duly entered upon the minutes.
Sec. 7. Salary.
The salary of the members of the city commission shall be set by ordinance.
Sec. 8. Presiding officer: Mayor.
The mayor-commissioner shall preside at all meetings of the city commission and
shall be recognized as head of the city government for all ceremonial purposes and by
the governor for 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 shall have no regular administrative duties except as authorized in this
Charter but may appoint, from time to time, such special or select committees as in his
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Page 4 of 23
EXHIBIT A
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 select committees
with the approval of a majority of the commission. In the temporary absence or disability
of the mayor-commissioner, all duties of the mayor-commissioner shall be performed by
the mayor pro tempor- e- -tee.' - - - - • - -• om its
member-s.
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 shall have power to:
(1) Adopt a budget;
(2) Authorize the issuance of bonds, revenue certificates, and other evidences of
indebtedness;
(3) Establish or abolish official boards and elect the members thereof as
recommended by the mayor;
(4) Adopt and modify the official map of the city;
(5) Regulate and restrict the height, number of stories, and size of buildings and
other structures, the percentage of a lot that may be occupied, the size of yards,
courts, and other open spaces, the density of population, and the location and
use of buildings, structures, and land and water for trade, industry, residence or
other purposes;
(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 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 rovided for b ' Florida Statutes;
(8) Lease golf courses, hospitals; and airports-and-pans, or any portion thereof,
after the city commission has passed an ordinance authorizing any such lease;
(9) Sell golf course , •= - e and the public utility system, or any
portion thereof, now owned by the city or hereafter acquired by it after the city
commission has passed an ordinance that:-in (a) there is a finding that
public welfare no longer requires the operation of any such facility. and (b) t
w-h-ish--am--stated-the terms of sale of real pro the city limits are
stated; and (c) after such ordinance has been submitted to the qualified voters
of the city at an election called for that purpose;
(10)Provide rules and regulations for all purchases and sales made for and in behalf
of the city;
(11)Appoint, remove and fix the compensation 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;
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EXHIBIT A
(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 mayor ro 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 arks 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 commission 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 shall 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
I expiration of the person's term. In the event the City Manager is removed or
incapacitated and unable to appoint a substitute as required in Sec. [Section] 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 est, if they deem it necessary, aptp-em 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 commission.
Sec. 12. Vacancies in the city commission.
If any vacancy 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 fill the
vacancy until the next general election.
Sec. 13. Creation of new departments or offices; change of duties.
The city commission, by ordinance, may create, change or abolish offices,
departments, authorities or agencies. The city commission may, by ordinance, assign
additional 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.
Words stricken are deletions; words underlined are additions.
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EXHIBIT A
Sec. 14. Induction of city commission into office; meetings of the city
commission.
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 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 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 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 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 hat minutes of its proceedings to be kept and the journa-l--®+The
minutes shall be open and remotely available to the publics-nspectienin a timely manner,
through 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 establishing 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 ordinance. The enacting clause of all ordinances
shall 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 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 Atlantic
Beach City Commission.
Sec. 19. Independent annual audit.
At the beginning of each fiscal year the city commission shall designate a certified
public accountant or a firm of certified public accountants who, as of the end of the fiscal
year, shall make an independent audit of accounts and other evidences of financial
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Page 7 of 23
EXHIBIT A
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.f=140 /Idin4 nce 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 III. 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 preferably 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 threefive (5) years of administrative experience as a city,
municipal, ofcounty, or state government administrator serving in at least an
assistant department head or the equivalent in responsibility; and chief
(3) A graduate degree acceptable to the city commission may be substituted for not
more than one year of the required experience.
Words stricken.are deletions; words underlined are additions.
Page 8 of 23
EXHIBIT A•(4) Twe _ - - -- e•- 'e�� - - :table-ro-t• -e..•• _ •
' e_ • - �e a •� e °r! $ nr roan-Gl-s-a-+ la { r-eat ti°gr�°+
At they time of appointment, the new city manager need not be a resident of the city
or state, but d er-i-n_ta-e-t +eef_ fficewithin six (6) months the city manager shall
reside within the city of Atlantic Beach.
Sec. 23. Powers and duties.
The city 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 the 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 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 the latter, by another
administrative officer of the city designated first by the city manager or second, by a
majority of the city commissionthe-dewy Git manage.
Sec. 25. Removal of the city manager.
The city manager shall serve at the pleasure of the city commission. 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 city 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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EXHIBIT A
Sec. 28. Appointment; duties.
The city commission shall appoint an executive officer to serve the city commission
and to assure that all its enactments are effectively carried out. The title 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 commission with periediG—repoftsinformation as requested
about th -• e - - e - - ' - - • - - - 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 clerk shall be chosen by the city commission 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 following educational and
experience requirements:
(1) At least a baccalaureate preferably in Business Administration or a related field
acceptable to the city commission 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) Two years of experience in public administration satisfactory to the city
commission.
(3) In lieu of the required baccalaureate degree, the city commission may in its
discretion, accept four additional years of acceptable experience in public
administration or a related field 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 the city commission. The city
commission may remove the city clerk 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.
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EXHIBIT A
Sec. 31. Appointment and qualifications.
The city 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 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 city, 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 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 the affirmative vote of not less
than three (3) of its members.
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 department, fire chief and their 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
I 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.
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EXHIBTI'A
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. Elections Regulations.
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 fraud therein.
Sec. 37. Nonpartisan elections.
All elections for the office of commissioner and mayor-commissioner 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 qualified as an elector of this state, and who registers in the manner prescribed
by F.S. Chapter 98 and ordinances of Atlantic Beach, shall 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 te-R--(4O)twenty-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 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
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Page 12 of 23
EXHIBIT A
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 .
N ame , 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 .
S IGNATURE OF CIRCULATOR
ADDRESS :
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 71St day
(Monday) prior to the primary election and will end at noon on the 67th 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 Wed , 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 . on the city
commission and agree to serve if elected .
S IGNATURE OF CANDIDATE "
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 .
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EXHIBIT A
Sec. 40. Elections: Primary.
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 General 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
election a majority of all votes cast, he or she shall be declared regularly elected and
shall not be required to enter the general election as hereinafter provided. However,
should only one candidate be nominated for a particular seat, an election 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 regular or general election of candidates or nominees to the office of city
commissioner shall be held every two (2) years on the first Tuesday after the first
Monday in November, unless all vacancies have been determined by the primary
election in accordance with Section 40 of this Charter. The candidate or nominee
receiving the majority of votes for each seat at such general 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 specifically provided all elections and absentee voting in the city
shall be conducted in accordance with the provisions of F.S. Chapter 101.
Sec. 43. Elections: Canvassing board, duties.
The City of Atlantic Beach Ca-Rya .'e _=- e • "e e "e e •c City
•- - . _- •- _ . _ - .elegates the election canvassing responsibilities
for all city elections to the Duval County Canvassing Board. In the event that any
GO-- - ___•- _ _ _ -e - • -- • . , d-l
_ e . l--#ulfill the following duties
liste .,
d : this tin., The Atlantic Beach Canvassing Board chall may meet in Atlantic
Beach, or at a location as decided by the Duval County Canvassing Board in a building
accessible to the public to publicly canvass the absentee electors' ballots 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 Elections the preliminary returns by 11:59 pm on election night. See
Fla.Stat. Chapters 101 and 102 for a complete listing of Canvassing Board duties. After
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Page 14 of 23
EXIIIBIT A
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. 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. 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 ordinances.
Sec. 44. Power of initiative.
The electors shall have the power to propose any ordinance, except an ordinance
appropriating money or authorizing 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 the city
equal in number to at least twe-r4ty f+ve-pry��--n4i m (25%)sixteen percent (16%) of the
registered electors at the last regular municipal election.
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
city commission to a vote of the electors, 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 shall be subject to the referendum.
Within 3.we- -thirty (30) days after the enactment by the city commission of any
ordinance which is subject to a referendum, a petition signed by registered electors of
the city equal to at least -• e- • -•• -° sixteen percent (16%) of the
registered electors at the last preceding regular municipal election may be filed with the
city clerk requesting any such ordinance be either repealed by the city commission or
submitted to a vote of the electors.
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 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
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Page 15 of 23
EXHIBIT A
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.
All petition papers comprising an initiative or referendum petition shall be
assembled and filed with the city clerk as one instrument. Within t r ,-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 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 (10) 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 clerk, it shall proceed forthwith to consider such petition. A proposed
initiative 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. 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
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Page 16 of 23
EXHIBIT A
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 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 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 election is to be held
I within the specified time frame, the city commission ma —shall provide for a special
election.
Sec. 52. Form of ballot for initiated and referred ordinances.
Ordinances submitted to a vote of the electors in accordance with the initiative and
referendum provision of this Charter shall be submitted by ballot 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 shall 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
following propositions, one above the other, in order indicated: "FOR THE
ORDINANCE" and "AGAINST THE ORDINANCE."
Sec. 53. Availability of list of qualified electors.
Lists of qualified electors or registers may be { 4=Ease--d--obtained from the
Supervisor of Elections for Duval County in accordance with the provisions of F.S.
I 98.21198.045(3).
Sec. 54. Results of election.
If a majority of the electors 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 electors at the same election, the one receiving the greatest number of
the affirmative votes shall prevail.
Sec. 55.Repealing ^rte inances.Reserved.
affirmative vote of the full city c_ •• - - - - e- - - •-.
ARTICLE XI. RECALL ELECTIONS
Sec. 56. Procedures.
Sec. 56. Procedures.
Recall elections shall follow those procedures prescribed by F.S. 100.361.
ARTICLE XII. FRANCHISES
Sec. 57. Granting of franchises.
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Page 17 of 23
EXHIBIT A
Sec. 57. Granting of franchises.
The city shall have power to grant a franchise to any private or public enterprise 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. All 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 ordinance 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 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 only property excepted from this height limitation shall be certain parts of the
existing L"
,Sea- -non 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 buildings 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
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Page 18 of 23
EXHIBIT A
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 capital 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 e e- • -
tortious act, unless all provisions of state law have been met.
Upon receiving notice of any suit, the city manager shall 'e-• •
- .. • _e .' • _ e r _ • :inform the city
commissio - ' •- - - •e of the lawsuit as soon as practical. The city clerk shall
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. Official 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.
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EXHIBIT A
Sec. 76. Pending actions and proceedings.
Sec. 77. Short title.
Sec. 78. c bi ity-Severability clause.
Sec. 62. Removal of officers and employees.
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 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 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 w4i1 !willful violation of this section shall constitute
malfeasance in office, and shall be grounds for removal or termination. Any contract
entered into in violation of this section shall be voidable by the city manager or the city
commission.
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EXHIBIT A
Sec. 67. Official bonds.
The city commission shall determine whether or not each officer, clerk, or employee
shall give bond, and the amount thereof, but all officers, clerks and employees handling
any funds or property of the city shall be 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 shall, before entering upon the duties of his
or 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 employees 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
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Page 21 of 23
EXHIBIT A
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 choses in action, held or owned by the City of Atlantic Beach
shall continue to be vested in the corporation under this Charter.
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 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. 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 anything therein contained.
Sec. 77. Short title.
This Charter shall be known as the "Atlantic Beach Charter."
Sec. 78.5e, vahilis3, 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 this Charter or the
context in which such section or part of section so held invalid may appear, except to
the extent that an entire section or part of a section may be inseparably connected in
meaning and effect with the section or part of section to which such holding shall
directly apply.
I ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REV&EVV
Sec. 79. Effective date of Act.
Sec. 80. Effect of changes in state law.
Sec. 81 Periodic Review
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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EXHIBIT A
Sec. 80. Effect of changes in state law.
In the event of changes in state law which are in conflict with any provisions of this
I 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) electors of the City shall be appointed by the City Commission every eight
(8) years to review the Cit Charter and propose any amendments or revisions, which
may be advisable for placement on the regular municipal election ballot.
The City Commission shall appoint 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 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
election, the Charter Review Committee shall deliver to the City Commission the
proposed amendments 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 resolution 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 Charter 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
dissolved. Otherwise, upon acceptance, further amendment or rejection of the proposed
amendments or revisions by the City Commission, the Charter Review Committee shall
be automatically dissolved.
Words stricken are deletions; words underlined are additions.
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