Bill - Abolish Town of Edgewater - Create City of EdgewaterTO ffi W."ITIED
AN ACT AMRPPM SECTIONS 8, 10, lls 17, 136s 138 and
1401 NEPEALIRG SROTIOR 19; ADDING NEW SECTIONS TO BR
D7g1G5AT7D SECTIONS 129 (a) AND (b), OF CRAPM9t 27532,
LAWS OF FLORIDA, ACTS OF 1951, BERG THE CRAPT?R OF
THE, CITY OF rWWATER, 1N VOLUSIA COUNTY, FLORIDA, BY
PROVIDING FOR VOTING DISTRICTS AND gTTALIFICATIM!S NECK
WARY FOR COM1IGUM AND MAYOR) BY DECREASIRG T±E NMORR
OF MEETINGS mR MONTF; RY RSPRALr;G THE PENALTY *OR ABSEICE
FROI RW MLAR CITY COONC17 MEATr4GS1 BY ADDr ; A RECALL
PROVISION; BY SPECIFrM GROMW- FOR R^,CALL; BY FHOVIDIMG
FOR A D-TFWI?EIT TTAT TO CANVASS RF,^MRNS; BY PROVIDING FOR
THE NONIRATION OF CANDIDATES FOR TRR O17FIC3" OF CTTY
COUNCILMEN AND MAYOR; BY PROrMIRG FOR T}!R ELECTION OF
COURCIIMM AND MAYOR; TO REPEAL ALL LAWS OR PARTS OF LAWS
INSOFAR AS TPER CONFLICT OR ARF. IRCOFSISTERf WRA THE
PAOVISIORS TFEREOFI AND Ir. PROVIDE PDR A HETI tMMI.
BE IT EHACTZD BY TM LEGISLATURE OF TPR STATE OF FLARIDAs
Section 1. That Sections 8, 10, 14, 17, 136, 138 and 140
of Chapter 27532, laws of Florida, Acts of 1951, entitled,
PAN ACT TO ABOLISH' THE PRESENT MORICIPAL GOVERRIENT OF
THE TOWN OF ?DWWATFR, IN VOLUSIA COMITY, FIORIDA, A*T,
TO CRBATE, ESTABLISH AND ORGANIZE A NMNICIPALITY TO BE
HROWN AND DRSIGRATED AS THE CITY OF ED:EWATER, IN 77,
COMITY OF VOLUSIA An STA^E OF FLORIDA, AND TO D?FIDB
ITS SENATORIAL BOURDARIES AND PROVIDE.' FOR ITS Oor',RN-
MEMT, 7IIISDIMTON, PMRS, FRANCHISES AND PRr7IITGES,
AND TO PRDVLDP. FOR A R1WNRIDI0011 ;
are hereby amended to read as follows
Section 8. CREATION OF THE CITY MMICIL. - TERM OF OFFICE -
FIRING COMPENSATION - CREATING VOTING DISSTRITS. There is hereby
created a City Council of five electors of the City, elected in
the manner hereinafter provided, who shall hold office for two years
Derinning on the first Wednesday after the first Nonday in November
of the year of each general City election. That Edwin P. Fuller,
Raymond T. Friedley and such other Councilman of the Town of Edgewater
as nay be aloft" in said town, prior to this Act becoming effective,
#hall be and constitute and are hereby naneP, and designated as, three
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members of the first City Council under this Charter, and they shall
serve as Councilmen eider this Charter until their respective terms
expire under their elective term of office for which they were elected
to serve as Councilmen in and for the Town of Edgewater. The said
Edwin P. Fuller shall be and is hereby declared the Mayor of the said
City of Nd^ewater, and he shall be and serve as Mayor under this Charter
until the first shdneeday after the firat Monday In November, A. D. 1951.
As sow as practicable and not later than fifteen (15) days after this
Act goes into effeety the said Edwin P. Fuller, Raymond T. Friedley, and
other Councilmen as may be elected prior to said date shall meet for
the purpose of organising and constituting theasolves as the City Council
of the City of FA�ewtar, Florida, at which time the said members s',all
call an election to be held on the first Tuesday after the first Monday
In November, A. D. 1951, or as moon thereafter as is practicable, for
the election of three members of said City Council of the City of Edgewater,
Florida, to serve for the period of two years or until their successors
respectively are appointed or elected. Said election shall be held in
accordance with this Charter and the 'Laws of the State of Florida. That
it is further provided that there shallbe called a special election
in accordance -Ith this Charter for the election of one councilman to
serve for the period of one year from the first Wednesday after the first
Monday in November, A. D. 1952, said Councilmen bein& elected to fill
the office of Councilman held by Raymond T. Friedley whose term expires
as of that times said election to be called and held in accordance with
the nrovisionm of this Carter.
There shall be held a general City election on the first Tuesday
after the first Monday in November, A. D. 1953, for the election of
four Councilmen and Mayor, each to serve for a period of two years from
the first Wednesday after the first Tuesday in November of said election
year, and then thereafter a general, election shall be held in said City
bieuaially on said date. The members of tle City Council shall receive
as compensation the sum of Three Rmxhr d Dollars 4300.00) annually,
payable monthly.
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The Mayor of the City shall receive as compensation the sum of Fong
Hundred Dollars ($400.00) annually, payable monthly. That the City is
hereby divided into fora voting districts as followat Voting district
one shall be the area described set Bsginninp at the intersection of the
middle of the Gabardy or South Canal and Riverside Drive; thence southerly
along the wet right of way line of Riverside Drive to the intersection
of the aforesaid wet right of way line of Riverside Thrive and the north
right of way line of Riverview Drive; thence westerly slong the north
right of way Jim of Riverview Drive to its intersection with the east
right of way line of D. S. Fi.phway No. 1; thence westerly from the
aforesaid intersection in a straight line to the weat corporation limits;
thence northerly along the corporation limits to the middle of the Gabardy
or Soutb Canal; thence easterly followlnp the middle of the Oabar$y or
South Canal to the point of beginning. Votinp, district two shall bet
The area lying south of the southerly boundary of voting district num-
ber one and north of a line btginnine where the middle of Park Avenue
intersects Riverside Drive; thence westerly alonm the middle of Park
Avenue to the west corporation limits. Voting District three shall bet
The area lying south of the southerly boundary of voting district num.
bar two and north of a line beginning where the middle of New Hampshire
Avenue intersects Riverside Drive; then Westerly alone the middle of
New Hamshire Avenue to the intersection with the east right of way line
of D. S. Highway No. 1; thence westerly in a continuing straight line
to the vest corporation limits. Voting district four shall bet The
area lying south of the southerly boundary of voting district three and
north of the south Corporation limits. That one Councilman shall be
elected from each of the four voting districts as described above by
the vote of the persons residing within that particular voting district.
Section 10. OTTALTFICATTOTTS OF idE'NBF.RS. Nembere of the City
Council aball have the qualifications of electors and shall be taxpayers
on real and personal proerty within the City limits and must reside
within the voting district "ron, which they are elected.
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Section 14. MOOR. The mayor shall be elected biennially at
the same time as the other members of the City Council provided that
the Mayor shall be elected by the voters at large.
Section 17. MKnTNG3. At 7:30 P. M., on the first Wednesday
after the first Monday in November in the years iThen election of Council-
man is held, the newly elected Councilmen and Mayor shall assume the
duties of their offices. Thereafter, the City Councilshall meet at
such ties as may be prescribed by ordinance or resolution; except that
It shall meet regularly not less than once each month.
section 136. CANVASS of Rr ms - CNRPI mry of riLA,minit.
The result of the voting at each polling place, when ascertained, shall
be certified by return in duplicate, signed by the clerk and a majority
of the inspectors of election, one copy beinf delivered by such clerk
and inspectors to the Mawr and the other to the Cit, Clerk, both of
whom shall transmit such returns to the City Council at a meeting to
be held at 400 P. M. on the day following the election. At such seat-
ing the City Council shall canvass the returns and the result as shown
by such returns shall be by the City Council declared to be the result
of the election. The City Clerk shall, sot Later than noon of the second
day after the election, furnish a certificate of election to each person
shown to have boss elected.
Section 138. WWTNATiO*' OF CANDIDATES - PETITIONS ?nR PLACE ON
BALLOT. Candidates for the office of City Councilman or Mayor shall
be nominated only by petition. The now of any inalified elector of the
City shall be printed iron the ballot to be used at each regular municipal
election as a candidate for the office of City Councilman or Mayor, if
there is filed with the City Clerk a petition in accordancz •.dth the
folloving T•rovisions, to -wit,
(a) Such petition shall state the name of each person whose
name is presented for a class upon the ballot and that he is a candidate
for the office of City Councilman or Mayor.
(b) Such petitions shallbe signed by at least twenty-five duly
registered, qualified electors of the City residing within the voting
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district of the candidate. Such petitions for the candidates for ?ayor\ahall
be Signed by at least twenty-five duly registered, qualified electors of the
City at large.
Section 140. NOMINATION AID ELFcmv - pmc,"i)M ;MN Tr? V Tg
The candidate receiving the highest amber of votes for the office of City
Conncilmn in each voting district shall be declared the winner of the election
and shall together with the Mayor comprise the City Council of the City of
Ndgewater, Florida, The candidate receiving, the highest rumber of votes for
the office of Mayor shall be declared to be the Mayor of the City of Fdgewater,
Florida, A tie vote between any two or �e candidates running in a regular
or special municipal election shall be decided by lot to be conducted by the
City Attorney.
Section 2. An additional section shall be added to Chapter
27532, Taws of Florida, Acts of 1951. an,1 shall read as follows:
section 129 (a). RFQALL FROC"I R% Upon the presentation to
the City Council of said City of a petition or petitions sipped before the
City Clerk at the City Fall and not elsewhere, by registered voters of the voting
district of said City from which the Councilman so petitioned against was
elected or in the case of the Mayor by registered voters of the entire City,
in number equalling forth per cent (40%) of the registered voters or the said
voting district or of the entire city respectively, asking for a recall of
any Coumcilaan or Mayor, it shall become the duty of the City Council to call
an election within 30 days after the presentation of the-etition or petitions
to fill the place or places or any officer or officers, so petitioned a,-ainst,
such eledtion to be held in accordance with the provisions for rerilar municipal
elections.
the officer or officers petitioned against, may be candidates
for the offices held by them respectively at said elections. The terns of the
officers so recalled shall emire immediately, and their successors shall
take
the oath of office
on the day following the.
election,
and they shall
hold
office only for the
unexpired re;nilar term.
(b) Any petition Par the recall of any Councilmar. or
Mayor shall be vo"ld, unless it is bared upon one or more of the following
charges specifically Bet forth in the petition, in detail sufficient to
inform the Ceune7]nco or Mayor named therein of the-eneral nature of the
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of the charge and the alleged facts upon which it is founded: (1) malfeasance,
(2) misfeasance, (1) nonfeasance.
Section 3 All laws and parts of la^s in conflict herewith
be and the same are hereby repealed.
Section A,. This Act shall take effect immediately upon its
passage and approval by the Governor, or n-on its becoming a law without the
approval of the Covernor, for the purpose of selling,, holdinc and canvassing
the results of an election as provided in Section 5 hereof, but the remaining
portion of the Act shall not become effective as a law until this Act has been
ratified by a majority of the qualified electors who participate in an election
as provided in Section 5.
Section 5 (a). The changes and additions to the Charter of the
City of Edgewater, Bet .forth in this Act, shall be submitted to the qualified
electors of the City of Csdgeweter at an election to b� called b- the City Council
of the City of Edgewater, such election to be held price to November 1, 1953 .
The provisions of this Act shall be submitted to the electors in such form as
to allow approval or disapproval separately and individually of each section
of the City Barter ananded, changed or added. The adoption or refection of
any motion submitted to the electors shall be by majority vote of those
voting at such election.
(b) Notice of the election provided for herein
shall be niven as the notice of genera,} city elections is given. The City
Council shall make provision for conducting such election and shall canvass
the results thereof in the :sinner provided for canvassinr> general City elections,
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