Ordinance No. 33-17-22ORDINANCE NO. 33-17-22
AN ORDINANCE AMENDING ARTICLE IX OF THE CHARTER OF
THE CITY OF ATLANTIC BEACH TO CHANGE THE ELECTION
DATES FOR THE OFFICE OF CITY COMMISSION; PROVIDING
FOR THE ONE TIME EXTENSION OF THE TERMS OF THE
MAYOR -COMMISSIONER AND DISTRICT COMMISSIONERS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII Section 2(b) of the Florida Constitution states that
municipalities shall have the governmental powers to enable them to conduct municipal
government, perform municipal functions and render municipal services, and may exercise
any power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Section 166.021(4), Florida Statutes, provides that changes in terms of
elected officers and the manner of their election shall be by charter amendment via referendum,
except for the selection of election dates and qualifying periods for candidates and to changes in
terms of office necessitated by such changes in elections dates; and
WHEREAS, Section 100.3605(2), Florida Statutes, further provides that the governing
body may, by ordinance, change the dates for qualifying and for the election of members of the
governing body of the municipality and provide for the orderly transition of office resulting from
such date changes; and
WHEREAS, the Florida Attorney General has opined that the changes to Section
100.3605, Florida Statutes, in 1995 allow a municipality to amend their charter to change the
election dates and qualifying periods for candidates, including any changes in terms of offices
necessitated by such amendment, such as an extension of term, without a referendum (Op.
Att'y Gen. Fla. 2000-61, Op. Att'y Gen. Fla. 2003-52, Op. Att'y Gen, Fla. 2007-34); and
WHEREAS, the City Commission for the City of Atlantic Beach has determined that it is
fiscally sound policy and in the best interests of the electorate to adjust the dates and times of its
City elections to coincide with countywide elections for federal and state representatives,
occurring in even numbered years; and
WHEREAS, the City Commission for the City of Atlantic Beach has determined that
voter turnout and participation in municipal elections increase in years in which countywide
general elections are held pursuant to Section 100.031, Florida Statutes; and
WHEREAS, the City Commission for the City of Atlantic Beach has noted that the
financial expense to the City for municipal elections held in conjunction with countywide
elections is less than the financial expense to the City for stand-alone municipal elections; and
WHEREAS, the City Commission of the City of Atlantic Beach deems it to be in the best
interest of the City to adopt this Ordinance for the benefit of the health, safety and welfare of the
public,
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NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the
people of the City of Atlantic Beach, Florida:
SECTION 1. Findings. The Commission hereby adopts and incorporates by reference
herein all of the findings set forth above as findings of the Commission.
SECTION 2. Amendment of the Charter. Article IX, Sections 40 and 41 of the
Charter of the City of Atlantic Beach are hereby amended as follows:
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 E2 even -numbered year on the Tuesday that is ten (1 0) weeks-
~~e~ to the Gene.,,' Eleetie same day as Florida's Primary Election for that year, 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 even -numbered ye on the same day as Florida's General Election
for that year , 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.
SECTION 3: Extension of Term of Office. The terms of the mayor -commissioner and
district commissioners sitting on the City Commission as of November 14, 2017 shall be
extended in order to effectuate the orderly transition of office as follows:
Seat 1- Until November 9, 2020, unless further extended pursuant to Section 14 of the
Charter.
Seat 2- Until November 9, 2020, unless further extended pursuant to Section 14 of the
Charter.
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Seat 3- Until November 9, 2020, unless further extended pursuant to Section 14 of the
Charter
Seat 4- Until November 14, 2022, unless further extended pursuant to Section 14 of the
Charter
Seat 5- Until November 14, 2022, unless further extended pursuant to Section 14 of the
Charter
SECTION 4. Effective Date. This ordinance shall take effect immediately upon its
passage and adoption.
PASSED by the City Commission on first reading, this 9t' day of October, 2017.
PASSED by the City Commission on second and final reading, this 23`d day of October, 2017.
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
ATTEST:
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Donna L. Bartle, City Clerk
Approved as to form and correctness:
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Bre&gjk Durde Attomey
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