Ordinance No. 28-93-3ORDINANCE NO. 28-93-3
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH A NEW
CHARTER WHICH AMENDS AND REPEALS ALL FORMER CHARTER
PROVISIONS; PLACING THE NEW CHARTER BEFORE A VOTE OF THE
ELECTORS OF ATLANTIC BEACH AT THE NEXT MUNICIPAL
ELECTION; PROVIDING FOR THE CONTINUANCE OF THE FORM OF
GOVERNMENT, CITY COMMISSION, CITY MANAGER, CITY CLERK,
CITY ATTORNEY, DEPARTMENT OF PUBLIC SAFETY, BUDGET,
DEPARTMENT OF FINANCE, ELECTIONS, FRANCHISES, TAX
ADMINISTRATION, ZONING, MUNICIPAL BORROWING, SUITS
AGAINST THE CITY, AND GENERAL AND MISCELLANEOUS
PROVISIONS; PROVIDING THE FORM OF BALLOT; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED by the City Commission of the City of Atlantic
Beach, Florida:
SECTION 1. A new Charter for the City of Atlantic Beach,
Florida, is hereby adopted and submitted to the electors of
Atlantic Beach, which new Charter amends and repeals all former
Charter provisions, a copy of which Charter is attached hereto,
made a part hereof and incorporated herein.
SECTION 2. The new Charter shall be submitted to the electors
of Atlantic Beach at the next municipal election to be held on
October 5, 1993.
SECTION 3. The form of ballot which shall be submitted to the
electors of Atlantic Beach on October 5, 1993, for adoption or
rejection of the new Charter shall be substantially that as set
forth in the attached OFFICIAL BALLOT, which form of ballot is
hereby adopted and approved.
SECTION 4. Upon adoption of the new Charter by a majority of
the electors voting in the aforesaid municipal election, the new
Charter shall take effect at 12:01 a.m. on October 6, 1993, and it
shall be filed with the Department of State of the State of Florida
as required by law.
PASSED by the City Commission on first reading this 26th day
of July, 1993.
PASSED by the City Commission on second and final reading this
23rd day of August, 1993.
ATTEST:
MAtTr EN KI'1G WILLIAM I. GULLI O , R.
City Clerk Mayor, Presiding f1 Jr
Approved as to form and correctness:
LAN C ENSEN, ESQUIRE
City torney
OFFICIAL BALLOT
Date:
For adoption or rejection of a proposed Charter for the City of
Atlantic Beach, Florida, pursuant to the provisions of Chapter 57-
1126 of the Laws of Florida, Special Acts of 1957.
INSTRUCTIONS TO VOTERS:
The voter desiring to vote in favor of adopting the proposed
Charter shall so indicate before the word "YES" and the voter
desiring to vote against adopting the proposed Charter shall so
indicate before the word "NO". All other marks are forbidden and
make the ballot void. If you wrongfully punch, mark, tear or
deface this ballot, return it to the inspector of the election and
obtain another.
[ ] YES for adoption of proposed Charter of the
City of Atlantic Beach, Florida.
[ ] NO against adoption of proposed Charter of the
City of Atlantic Beach, Florida.
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE 1. 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. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
Sec. 10.
Sec. 11.
Sec. 12.
Sec. 13.
Sec. 14.
Sec. 15.
Sec. 16.
Sec. 17.
Sec. 18.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
19.
20.
21.
22.
23.
24.
25.
26.
27.
ARTICLE II. THE COMMISSION
Number of commissioners; selection; term
Qualifications and disqualifications
Salary
Presiding officer: Mayor
Powers
Appointment of city manager
Appointment of assistant/deputy city manager or
city clerk
Vacancies in the city commission
Creation of new departments or offices; change of
duties
Induction of the city commission into office;
meetings of the city commission
City commission to be judge of qualifications of
its members
Rules of procedure; journal of minutes
Ordinances
Procedure for passage of ordinances and
resolutions
Independent annual audit
Right of city manager and other officers in city
commission
ARTICLE III. THE CITY MANAGER
Appointment
Qualifications
Powers and duties
Absence of the city manager
Removal of the city manager
City departments
Governance of departments
ARTICLE IV. THE CITY CLERK
Sec. 28. Appointment; duties
Sec. 29. Qualifications
Sec. 30. Removal of the city clerk
ARTICLE V. THE CITY ATTORNEY
Sec. 31. Appointment and qualifications
Sec. 32. Powers and duties
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
Sec. 33. Appointments and responsibilities
ARTICLE VII. BUDGET
Sec. 34. Preparation and adoption
ARTICLE VIII. DEPARTMENT OF FINANCE
Sec. 35. Director of finance
ARTICLE IX. ELECTIONS
Sec.
36.
Elections
Sec.
Sec.
37.
Nonpartisan
elections
Sec.
38.
Electors; registration
Sec.
39.
Nominations
Amendment of petitions
Sec.
40.
Elections:
Primary
Sec.
41.
Elections:
General
Sec.
42.
Elections:
Absentee voting
Sec.
43.
Elections:
Canvass of returns
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
ARTICLE XI. RECALL ELECTIONS
Sec. 56. Procedures
ARTICLE XII. FRANCHISES
Sec. 57. Granting of franchises
ARTICLE XIII. TAX ADMINISTRATION
Sec. 58. Tax administration
Sec. 59. Zoning
ARTICLE XIV. ZONING
ARTICLE XV. MUNICIPAL BORROWING
Sec. 60. Authority to borrow
ARTICLE XVI. SUITS AGAINST THE CITY
Sec. 61. Suits
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
Sec.
76.
Pending actions and proceedings
Sec.
77.
Short title
Sec.
78.
Separability clause
ARTICLE XVIII. WHEN ACT TAKES PLACE
Sec. 79. Effective date of Act
Sec. 80. Effect of change in state law
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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
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 to the
northeasterly corner of unsurveyed Section 18, in said
Township and Range; running thence southerly along the
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U.S. Government meander line of the Pablo Creek salt
marshes, being also the easterly boundary line of
unsurveyed Section 19 in said Township and Range, to
the intersection of the last mentioned lines 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 Selva Marina 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 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.
(Laws of Florida Ch. 59-1054; Laws of Florida Ch. 86-461)
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
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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.
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
designated as the mayor -commissioner. 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 (2) year terms; and anyone elected or appointed
to commission seats 2 through 5 shall not serve more than two (2)
consecutive four (4) year terms. Serving any part of a term
shall be considered a full term. Nothing contained herein shall
prevent anyone who has served as a city commissioner from being
appointed or elected to the position of mayor -commissioner and
then serving in that 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 one year 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.
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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 discretion he deems desirable or as may be desired by
the city commission, to expedite the handling of the business and
affairs of the city. In the temporary absence or disability of
the mayor -commissioner, all duties of the mayor -commissioner
shall be performed by the mayor pro tempore who shall be
appointed by the city commission from its members.
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 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;
n
(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;
(8) lease golf courses, hospitals, airports and parks, or
any portion thereof, after the city commission has
passed an ordinance authorizing any such lease;
(9) sell golf courses, hospitals, airports, parks 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 in which
there is a finding that public welfare no longer
requires the operation of any such facility and in
which are stated the terms of sale and after such
ordinance has been submitted to the qualified voters of
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;
(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.
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 expiration of the
person's term. In the event the City Manager is incapacitated
and unable to appoint a substitute as required in Sec. 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, if they deem it necessary,
appoint a deputy city manager and deputy city clerk, respectively,
who shall be compensated at a rate set by the city commission.
k,
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 then three members, an eligible
person as defined in Sec. 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.
Sec. 14. Induction of city commission into office; meetings of
the city commission.
After each general election, the newly elected city commission
members shall assume the duties of office at a meeting of the
city commission held at 8:00 PM the first Tuesday in November.
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 a journal or minutes of its
proceedings to be kept and the journal or minutes shall be open
to public inspection.
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
0
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 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. Right 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
The city manager shall be appointed
provisions of Section 10 of this Charter
at a rate set by the city commission.
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in accordance with the
and shall be compensated
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 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 three years of administrative experience as
a city or county government chief administrative or
executive officer or as an assistant or deputy city
manager.
(3) A graduate degree acceptable to the city commission may
be substituted for not more than one year of the required
experience.
(4) Two years of additional experience acceptable to the city
commission may be substituted for each year of education
towards a baccalaureate degree, up to a maximum of eight
years.
At the time of appointment, the new city manager need not be a
resident of the city or state, but during the tenure of office
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
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(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 by the city manager or the deputy city manager.
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.
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
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
0
(3) disseminate information as necessary about activities,
findings, or decisions of the city commission; and
(4) provide the city commission with periodic reports as
requested about the effectiveness and efficiency of the
legislative 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 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.
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.
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ARTICLE V. CITY ATTORNEY
Sec. 31. Appointment and qualifications.
The city commission shall appoint a city attorney 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.
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
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
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 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.
11
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.
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
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.
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. Inspectors and clerks of elections shall be
appointed by the city commission.
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.
12
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 ten (10) 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 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 signature and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper
containing signatures. Each signature appended
thereto was made in my presence and is the genuine
signature of the person whose name it purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS
In
Any signature made earlier than the fifteenth of August next
preceding the election shall be void. All nomination papers
comprising a petition shall be filed as one instrument with the
city clerk, not earlier than 12:00 noon on the second Tuesday of
September nor later than 12:00 noon on the third Tuesday of
September before the election. The city clerk shall make a record
of the 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:
13
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No. on the city
commission and agree to serve if elected.
SIGNATURE OF CANDIDATE
ID
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.
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 first Tuesday in October for each seat on the city
commission which shall become vacant at eight o'clock P.M. on the
first Tuesday in November of the same year. The two candidates for
each seat to be filled receiving the greatest number of votes in
said primary shall be certified as candidates or nominees at the
general election, provided, however, that should any candidate
receive at such primary election a majority of all votes cast, he
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 years on the
third Tuesday in October, 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 F.S.
100.181 to determine the winner.
14
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: Canvass of returns.
The polls shall open at seven o'clock A.M. and shall close at seven
o'clock P.M. or as otherwise provided by Florida Statutes. The
result of the voting when ascertained, shall be certified by return
in duplicate, signed by the clerk and a majority of the inspectors
of the election. One copy shall be delivered by the election clerk
to the mayor -commissioner and the other to the city clerk, both of
whom shall transmit such returns to the city commission at its
regular meeting immediately thereafter. At such meeting the city
commission shall canvass the returns and the result as shown by
such returns shall be declared by the city commission to be the
result of the election. The city clerk shall not later than noon
of the second day after the canvass of said election, furnish a
certificate of election to each person shown to have been elected.
ARTICLE X. INITIATIVE AND REFERENDUM
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 twenty-five per centum
(25%) 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 twenty 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 twenty-five per centum (25%)
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 or submitted to a vote of the
electors.
15
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 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 twenty 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.
16
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. If such
ordinance is referred for reconsideration by the city commission,
it shall be brought forth for its final vote upon such
reconsideration and the question shall be, "Shall the ordinance
specified in the referendum be repealed?"
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 within the
specified time frame, the city commission may 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 purchased from the
Supervisor of Elections for Duval County in accordance with the
provisions of F.S. 98.211
17
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 ordinances
Initiated and referred ordinances may be amended or repealed only
by a four-fifths affirmative vote of the full city commission
following a public hearing.
ARTICLE XI. RECALL ELECTIONS
Sec. 56. Procedures
Recall elections shall follow those procedures prescribed by F.S.
100.361
ARTICLE XII. FRANCHISES
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
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
Zoning regulations shall be in accordance with Florida Statutes or
as otherwise provided for in the Code of Ordinances.
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.
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
No suit shall be brought against the city for damages arising out
of an alleged tortious act, unless all provisions of state law have
been met.
Upon receiving notice of any suit, the city manager shall
diligently investigate the matter and file a written report with
the city clerk to be presented to the city commission at its next
meeting. The city clerk shall determine if a special meeting
should be scheduled to deal with an emergency situation. 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
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.
19
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 wilful 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.
State law reference - Code of ethics and public officers and
employees, F.S. 112, Part III
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,
20
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 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
State law reference - Oaths required of persons on payroll,
F.S. 876.05
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.
21
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 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. Separability 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
22
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
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.
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 charter, state law shall prevail.
23
MUNICIPAL ELECTION
CITY OF ATLANTIC BEACH, FLORIDA
OCTOBER 5, 1993
TOTAL BALLOTS CAST: 2,549 PRECINCTS TOTAL
TURNOUT PERCENTAGE: 40.40% 03F 03G 03H VOTES
MAYOR/COMMISSIONER
2,516
SEAT 1
(Vote for One)
* Lyman T. Fletcher 20
446
282
553
1,281
338
135
589
1,062
Bob Gray 21
60
26
87
173
Rodger Steinem 22
COMMISSIONER
2,431
SEAT 2
(Vote for One)
* Robert G. Weiss, Jr. 23
427
196
6351,258
Carolyn Woods 24
392
232
549
1,173
COMMISSIONER
2,391
SEAT 4
(Vote for One)
Tim Reed 25
319
109
463
891
472
319
709
1,500
* Suzanne Shaughnessy 26
COMMISSIONER
2,444
SEAT 5
(Vote for One)
Glenn A. Edwards 27
194
29
198
421
262
197
332
791
Theo R. Mitchelson (Jr.) 28
361
208
663
1,232
* Steven M. Rosenbloom 29
REFERENDUM NO. 1
2,253
ADOPTION OF NEW CHARTER
* YES for adoption 53
636
362
962
1,960
No against adoption 55
120
41
132
293
REFERENDUM NO. 2
2,395
CEAN COUNTY
LYESforcreation 69
624
354
888nst
creation 71
172
77
280
529
ABSENTEES INCLUDED IN ABOVE COUNT:
ABSENTEES FOR PRECINCTS: 03F 28 03G 19 03H 67
TOTAL ABSENTEES: 114
* ASTERISK - INDICATES WINNER
ELIGIBLE TO VOTE: 03F 2,678 03G 932 03H 2,700 TOTAL: 6,310
BEAL: Official results of Atlantic
Beach Municipal Election held
Tuesday, October 5, 1993
(Mrs.) TOMMIE R. BELL
Supervisor of Elections