2007-O-14ORDINANCE NO.2007-0-14
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA PROPOSING AN AMENDMENT TO THE
CHARTER OF THE CITY OF EDGEWATER; PROVIDING
FOR EXCEPTIONS TO THE PROHIBITION AGAINST NEW
BUILDING HEIGHTS IN EXCESS OF 35 FEET; PROVIDING
FOR A REFERENDUM FOR APPROVAL OR REJECTION
OF THE PROPOSED AMENDMENT BY THE ELECTORS OF
THE CITY OF EDGEWATER; PROVIDING FOR AND
AUTHORIZING FURTHER ACTS TO IMPLEMENT THIS
ORDINANCE; PROVIDING FOR SEVERABILITY AND
CONFLICTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a
municipality may, by ordinance, submit to the electors of saidmunicipality proposed amendments
to its charter which amendments maybe to any part or to all of its charter except that part describing
the boundaries of such municipality; and
WHEREAS, the City Council finds that it is in the best interest of the City of Edgewater to
submit certain proposed amendments to the Charter of the City of Edgewater to the electors of the
City at the next municipal election to be held on November 6, 2007, all in accordance with Section
166.031, Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Council of the City of Edgewater has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166,
Florida Statutes, and Section 6.08 of the Charter.
SECTION 2. Proposed Amendment to Charter: Exceptions to the Prohibition Against
New Building Heights in Excess of 35 Feet.
(a) Text of Proposed Amendments. The City Council of the City of Edgewater,
Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment to the Charter
of the City of Edgewater as set forth in Exhibit "A-1" attached hereto and by this reference made
Struck drteagh passages are deleted.
Underlined passages are added.
2007-0-14
a part hereof.
(b) Ballot Question. The ballot title, ballot question and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the ballot
in the form as set forth in Exhibit "A-2" attached hereto and by this reference made a part hereof.
(c) Effective Date of Proposed Amendments. The proposed amendment set forth
in Subsection (a) above shall take effect immediately upon approval by a majority of those qualified
City of Edgewater electors voting on the proposed amendment at the municipal election on
November 7, 2007. If a majority of the votes cast at the referendum election shall be against the
Charter Amendment proposed bythis Ordinance, then this Charter Amendment shall be defeated and
of no force and effect.
SECTION 3. Submission to Electorate. The proposed amendment to the Charter, as
contained in Section 2 of this Ordinance, shall be placed to a vote of the electors of the City of
Edgewater at the next municipal election to be held on November 7, 2007. Such election shall be
held in conformity with the laws of the State of Florida and the ordinances of the City of Edgewater
now in force relating to elections in the City of Edgewater.
SECTION 4. Authorization for Further Acts. The City Manager (or Interim City
Manager as the case may be) and the City Attorney of the City of Edgewater are authorized and
directed:
(1) To make further modification and changes to the ballot wording set forth in
this Ordinance as may be necessary or desirable under the constitution and
laws of the State of Florida, so long as such changes and modifications do not
alter the substance of this Ordinance, subject to confirmation of the City
Council; and
(2) To otherwise take all actions necessary or desirable to cause the proposed
amendment to the Charter as set forth in this Ordinance to be subject to
referendum at the general municipal election to be held on November 7,
2007.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
8 tuck tough passages are deleted.
Underlined passages are added.
2007-0-14 2
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 6. Conflictina Ordinances. All ordinances and Charter provisions or parts of
ordinances and Charter provisions in conflict with any amendment to the Charter set forth in this
Ordinance are hereby repealed, but only if such amendment is approved by a majority of those
qualified City of Edgewater electors voting on the proposed amendment at the municipal election.
on November 7, 2007.
SECTION 7. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
SECTION S. Adoption.
After Motion to approve by Councilwoman Lichter and Second by Councilman Vincenzi,
the vote on the first reading of this ordinance held on August 13, 2007 is as follows:
AYE NAY
Mayor Mike Thomas
X
Councilman Debra Jean Rogers
X
Councilman Dennis Vincenzi
X
Councilwoman Harriet B. Rhodes
X
Councilwoman Judy Lichter
X
St acklhroagh passages are deleted.
Underlined passages are added.
20Pb414 3
0
After Motion to approve with modifications to Exhibit "A-2" - Ballot Question of
deleting/striking the word `exceptions" and inserting "heights in excess of 35 feet" by
Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on the second reading of this
ordinance was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers ABSENT
Councilman Dennis Vincenzi ABSENT
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
PASSED AND DULY ADOPTED this 20th day of August, 2007.
ATTESTtt
Susa dswvrth `
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Shackllnoagh passages are deleted.
Underlined passages are added.
2007-0-14 4
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of August, 2007 under Agenda Item No.
7F.
EXHIBIT "A-1"
TO ORDINANCE NO.2007-0-14
Text of Proposed Amendment.
Article I, Section 1.01(a)(2)
The building height restrictions contained in Section 1.01(a)(1) shall not apply to
Business/Commercial, Public/Semi-Public or Industrial buildings, including but not limited to retail
stores, fire and police stations, hospitals and manufacturing facilities. The 35 foot height restriction
shall apply to residential buildings such as condominiums mid hotels.
Sh ade d engh passages are deleted.
Underlined passages are added.
20074)-14
EXHIBIT "A-2"
TO ORDINANCE NO.2007-0-14
Ballot Title: Exemptions to 35-Foot Height Limitation
Ballot Ouestion:
BALLOT QUESTION
The current Edgewater Charter does not allow any new buildings over 35 feet in height. Should the
Charter be amended to allow exceptions heights in excess of 35 feet for Business/Commercial,
Public/Semi-Public or Industrial buildings; including but not limited to retail stores, fire and police
stations, hospitals and manufacturing facilities; while retaining the 35 foot height restriction on
residential buildings such as condominiums and hotels?
Shall the above -described amendment be adopted?
Yes
No
Text of Proposed Amendment:
Article I, Section 1.01(a)(2)
The building height restrictions contained in Section 1.01(a)(1) shall not apply to
Business/Commercial, Public/Semi-Public or Industrial buildings, including but not limited to retail
stores, fire and police stations, hospitals and manufacturing facilities. The 35 foot height restriction
shall apply to residential buildings such as condominiums mtd-hotel,
Shaektheegi passages are deleted.
Underlined passages are added.
2007-0-14