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Exh 7AAGENDA ITEM #7A OCTOBER 22, 2001 ORDINANCE NO. 5-01-36 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-19, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, TO ADD RULE NO. 26 PROVIDING PROCEDURES FOR EMERGENCY ACTIONS BY THE CITY COMMISSION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 18 of the City Charter provides that the passage of Ordinances and Resolutions, including emergency Ordinances and Resolutions, in the City of Atlantic Beach shall be as set forth in F.S. 166.041; and WHEREAS, from time to time it may become necessary for the City Commission to take action on other matters of some urgency where there is insufficient time to provide prior public notice; and WHEREAS, the City Commission wishes to establish a procedure for handling such emergencies. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Sec. 2-19 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to add a new Sec. 2-19(26), which shall read as follows' (26) The City Commission may take action on a matter which, because of time constraints, has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative votes of the majority of the members of the City Commission. The passage of emergency Ordinances and Resolutions, however, shall be in accordance with Section 18 of the City Charter. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of 2001. 200t' PASSED by the City Commission on second and final reading this day of , JOHNS. MESERVE MayorlPresiding Officer Attest: MAUREEN KING City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #7A OCTOBER 22, 2001 CHARTER § 22 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." (Ord. No. 28-93-3, § 1, 8-23-93) Sec. IS. 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. (Ord. No. 28.93-3, § 1, 8-23-93) 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 i--. 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. `' (Ord. No. 28-93-3, § 1, 8-23-93) 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. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE III. TILE CITY MANAGER Sec. 21. Appointment. The city manager shall be appointed in accordance with the provisions of Section 10 of this Chazter and shall be compensated at a rate set by the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 22. Qualifications. ~'"` The city manager shall be chosen by the city commission solely on the basis of adminis- trative qualifications and with special reference to education and experience in and knowledge Supp, No. 14 statutes->View Statutes->2001->Ch0166->Section 041: Online Sunshine AGENDA ITEM #7A OCTOBER 22, 2001 Onlfas M S~x~~~~~~ Wel[ame Sesssaa Caarm2rogs ~ t 1`e ~slators fel°rmniiari ~nis5iyest f l '. s, - ,.....? ,~_,.~.u ~.w.. w Leac~t a armaea~ View Statutes Search Statutes Co nstitution Laws of Florida Order Seted Year: 2001 .?~_ 4Ga`; The 2001 Florida Statutes Title XII Chanter 166 View Entire Chanter Municipalities Municipalities 1166.041 Procedures for adoption of ordinances and resolutions,-- (1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (a) "Ordinance" means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law. (b) "Resolution" means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body. (2) Each ordinance or resolution. shall be introduced in writing antl shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the. title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection. (3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or infull, on at least 2 separate days and shall, at least SO days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (b) he governing body of a municipality may, by atwo-thirds vote, enact an emergency finance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part. Z(c} Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure: 1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or http://www.leg. state.fl.us/statutes/index. cfm?App-mode=Display-Statute&Search_String=&... 10/12/01 statutes->View Statutes->2001->Ch0166->Section 041: Online Sunshine AGENDA ITEM #7A OCTOBER 22, 2001 more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance. 2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving SO contiguous acres or more, the governing body shall provide for public notice and hearings as follows: a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one hearing. shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published.. The second hearing shall be held at (east 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing. b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the municipality is published less than 5 days a week. The advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit) proposes to adopt the following ordinan Ce: (title ofthe ordinance) . A public hearing on the ordinance will be held on (date and time) at (meeting olacel . Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the. proposed ordinance. The map shall include major street names as a means of identification of the general area. c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed ordinance. (4) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution; except that two-thirds of the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each member of the governing body voting shall be entered on the official record of the meeting. All ordinances or resolutions passed by the governing body shall become effective SO days after passage or as otherwise provided therein. (5) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body. (6) The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of municipal ordinances and resolutions and shall be taken as cumulative. to other methods now provided by law for adoption and enactment of municipal ordinances and resolutions. By future ordinance or charter amendment, a municipality may specify additional http:/(www.legstate.fl.uslstatuteslindex.cfm?App_mode=Display_Statute&5earch_Strinp &... 10/12/01 statutes->View Statutes->2001->Ch0166->Section 041: Online Sunshine AGENDA ITEM #7A OCTOBER 22, 2001 requirements for the adoption or enactment of ordinances or resolutions or prescribe procedures in greater detail than containedherein. However, a municipality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by general law. (7) Fve years after the adoption of any ordinance or resolution adopted after the effective date of this act, no cause of action shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the provisions contained in this section. After 5 years, substantial compliance with the provisions contained in this section shall be a defense to an action to invalidate an ordinance or resolution for failure to comply with the provisions contained in this section. Without limitation, the common law doctrines of lathes and waiver are valid defenses to any action challenging the validity of an ordinance or resolution based on failure to strictly adhere to the provisions contained in this section. Standing to initiate a challenge to the adoption of an ordinance or resolution basetl on a failure to strictly adhere to the provisions contained in this section shall be limited to a person who was entitled to actual or constructive notice at the time the ordinance or resolution was adapted. Nothing herein shall be construed to affect the standing requirements under part II of chapter 163. (8) The notice procedures required by this section are established as minimum notice procedures. History.--s. 1, ch. 73-129; s. 2, ch. 76-155; s. 2, ch. 77-331; s. 1, ch. 83-240; s. 1, ch. 83-301; s. 2, ch. 95-198; s. 5, ch. 95-310. 1Note.--Section 3, ch. 95-310, provides that "[i]f any ordinance or resolution was adopted prior to [June 15, 1995] and the appropriate subsection of s. 61 6.041, Florida Statutes, was hot followed, but the municipality followed the procedure of subsection (2) or subsection (3) of s. 6~1, Florida Statutes, as they existed at the time of the adoption of such ordinance or resolution, the procedures used for such ordinance or resolution are hereby validated and ratified. This section does not apply to any lawsuit pending on [June 15, 1995]." ZNote.--As amended by s. 5, ch. 95-310. This version is published as the last expression of legislative will (see Journal of the Senate 1995, p. 1061, and Journal of the House of Representatives 1995, p. 1129). Paragraph (3)(c) was also amended by s. 2, ch. 95-198, and that version reads: (c) Ordinances initiated by the governing body or its designee which rezone specific parcels of private real property or which substantially change permitted use categories in zoning districts shall be enacted pursuant to [he following procedure: 1. In cases in which the proposed rezoning or change in permitted use involves less than 5 percent of the total land area of the municipality, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will rezone or whose land will be affected by the change in permitted use by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance. 2. In cases in which the proposed ordinance deals with more than 5 percent of the total land area of the municipality, the governing body shall provide for public notice and hearings as follows: a. The local governing body shall hold two advertised public hearings on the proposed ordinance. Both hearings shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct one or both of these hearings at another time of day. The first public hearing shall be held approximately 7 days after the day that the first advertisement is published. The second hearing shall be held approximately 2 weeks after the first http://www.legstate.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&... 10/12/01 statutes->View Statutes->2001->Ch0166->Section 041: Online Sunshine AGENDA ITEM #7A OCTOBER 22, 2001 hearing and shall be advertised approximately 5 days prior to the public hearing. The day, time, antl place at which the second public hearing will be held shall be announced at the first public hearing. b. The required advertisements shall be no less than one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shalt not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the municipality and of general interest and readership in the community, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the community is published less than 5 days a week. The advertisement shall be in the following form: NOTICE OF ZONING (PERMITTED USE) CHANGE The (name of local governmental unit)_ proposes to rezone (change the permitted use of) the land within the area shown in the map in this advertisement. A public hearing on the rezoning will be held on (date and time) at (meetino place) . The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area. c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance. Welcome • Session • Committees • Legislators • Information Center • Statutes and Constitution • Lobbvist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted forofficial purposes. Copyright ©2000-2001 State of Florida. Contact us. Privacy Statement http://www.legstate.fl.us/statutes/index.cfrn?App_mode=Display_Statute&Search_String=&... 10/12/01