2008-O-07
ORDINANCE NO. 2008-0-07
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA PROVIDING FOR AMENDMENT OF THE CITY
CHARTER BY AMENDING SECTION 3.04 "ELECTION
AND TERMS; TERM LIMITS"; ADOPTING THE
VOLUSIA COUNTY ELECTION SCHEDULE; REVISING
CHARTER PROVISIONS WHICH CURRENTLY PROVIDE
FOR ELECTIONS IN ODD-NUMBERED YEARS TO
PROVIDE FOR ELECTIONS IN EVEN-NUMBERED
YEARS; PROVIDING FOR PROCEDURES FOR THE
TRANSITION FROM ELECTIONS IN ODD-NUMBERED
YEARS TO PROVIDE FOR ELECTIONS IN EVEN-
NUMBERED YEARS; EXTENDING THE TERM OF
OFFICE OF SEA TED MAYOR AND COUNCIL MEMBERS
FOR ONE YEAR AND ONE MONTH; APPOINTING
VOLUSIA COUNTY AS CANVASSING BOARD FOR
GENERAL ELECTIONS IN EVEN-NUMBERED YEARS;
PROVIDING FOR SUBMISSION TO THE ELECTORS FOR
APPROVAL OR DISAPPROVAL OF THE PROPOSED
CHARTER AMENDMENTS SET FORTH HEREIN;
PROVIDING FOR REQUISITE BALLOT LANGUAGE;
PROVIDING FOR A REFERENDUM ELECTION;
PROVIDING PROCEDURES FOR BALLOTING;
PROVIDING FOR NOTICE OF ELECTION; PROVIDING
FOR INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 166.031(1), Florida Statutes (2007), requires, with
certain limited exception, the governing body of a municipality to, by ordinance,
submit any proposed amendment to its charter to the electors of the municipality at
a general or special election; and
WHEREAS, the Charter Review Commission of the City of Edgewater,
Florida has proposed various changes to the City Charter election provisions as
more fully described herein; and
WHEREAS, the City Charter of City of Edgewater, Florida mandates
elections for mayor and council members shall be held in odd-numbered years; and
WHEREAS, the City Council of the City of Edgewater, Florida (the "City
Council") desires to submit to its citizens for consideration whether the City should
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2008-0-07
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adopt the Volusia County election schedule, as established pursuant to Florida law,
for elections held in even-numbered years with elected officials taking office in the
month of December following the election; and
WHEREAS, such a change would necessitate the extension of the seated
mayor and council members terms for a period of one year and one month; and
WHEREAS, the City Charter does not presently govern canvassing activity;
rather, the City Council appoints the canvassing board via resolution; and
WHEREAS, the City Council desires to appoint, by Charter, Volusia County
to conduct all required canvassing activity for general elections conducted in even-
numbered years for the City; and
WHEREAS, the City Council desires to submit the following proposed
Charter amendments to the electors of the City of Edgewater.
CODING: words underlined are additions; words stricken are deletions.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
SECTION 1. PROPOSED CHARTER AMENDMENT
Section 3.04 of the City Charter be amended, upon a vote ofa majority of the City of
Edgewater electors in favor of such an amendment, to read as follows:
Sec. 3.04 Elections and terms; term limits; transition rules.
(a) Elections and terms. The first regular election of the city council under 1999 Charter
Amendment shall be held on the first Tuesday after the first Monday in November 2001. j\t the
first election under the amended Charter, the mayor and four (1) council members shall bc
elected. The terms of the mayor and council member from districts 1 and 3 shall be four (1)
years and shall expire in November 2005. The terms of council member from districts 2 and 1
shall be two (2) years and shall expire in November 2003. ^ regular election shall be he~~ ~~ ~lre
first Tuesday after the first Monday in November 2003, to elect council members from d' t : L 2
and 1 to serve a term of four (1) years expiring in No','ember 2007. Henceforth, regu~~:::~ti:s
of the city council shall be held on the first Tuesday after the first Monday in Nove : d
numbered year so that the terms for mayor and each council member shall be four (1) yea;; ;~d
staggered in the same order. Terms of office shall being [begin] on the first Wednesday after the
first Monday in November of the year elected.
ill The City of Edgewater hereby adopts the Volusia County election
schedule for even-numbered years as established by Florida law.
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2008-0-07
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ill The first regular election of the city council pursuant to the 2008 Charter
Amendment shall be the first Tuesday after the first Monday in November
2010 for the offices of the mayor and council members from districts 1
and 3 for a term of four (4) years expiring in December 2014.
ill The second regular election under this amendment shall be the first
Tuesday after the first Monday in November 2012 for the offices of
council members from districts 2 and 4 for a term of four (4) years
expiring in December 2016.
ill Terms of office. Terms of office shall begin on the first Monday in
December of the year elected.
(b) Term limits. No member of the city council, including the mayor, shall serve more
than two (2) complete consecutive terms and the portion of an unexpired term occurring by
reason of a vacancy.
(c) Transition. The transition from elections in odd-numbered years to elections in even-
numbered years shall be as follows:
ill The term of office for the mayor and council members from districts 1 and
3 expiring November 2009 shall be extended to December 2010.
ill The term of office for the council members from districts 2 and 4 expiring
November 2011 shall be extended to December 2012.
ill For purposes of Section 3.04(b), this extended 61 month term shall be
treated as a single term.
ill In the event the mayor or any council member resigns during the extended
13 month period necessitated herein, the mayor and council shall. by a
vote of three (3) or more members, appoint a successor, who is eligible for
the office under Section 3.03, to fill the remaining unexpired extended
term. This period of the unexpired term shall not be considered a complete
term for purposes of term limits as set forth in Section 3.04(b). Prior to or
upon completion of the 13 month period, procedures for filling mayor and
council vacancies shall be as set forth in Section 3 .09( d).
SECTION 2. PROPOSED CHARTER AMENDMENT
Section 3.04 of the City Charter be amended, upon a vote of a majority of the City of
Edgewater electors in favor of such an amendment, to read as follows:
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(d) Canvassing board. Commencing with the 20 I 0 General Election. the city hereby
appoints the county canvassing board to conduct all required canvassing activity for general
elections in even-numbered years.
SECTION 3. FORM OF BALLOT RELATED TO SECTION 1
The form of ballot for the Charter amendment provided for in Section I of this Ordinance
shall be, as follows:
"Transition to Elections in Even-Numbered Years.
The City Charter provides for elections in odd-numbered years for the mayor and
council members. This Charter amendment provides for elections in even-
numbered years, with terms beginning in December, consistent with V olusia
County. As a result of this transition to elections in even-numbered years, the
terms of the currently seated mayor and council members shall be extended for a
period of one year and one month.
Shall the above-described Charter amendment be adopted?
Yes - For Amendment
No - Against Amendment"
SECTION 4. FORM .OF BALLOT RELATED TO SECTION 2
The form of ballot for the Charter amendment provided for in Section 2 of this Ordinance
shall be, as follows:
"Appointment of Vol usia County as Canvassing Board
for General Elections in Even-Numbered Years.
Canvassing activity is presently conducted by the City. The City Charter does not
govern canvassing activity. This amendment would appoint, by Charter, Volusia
County to conduct all canvassing activity for the City for general elections in
even-numbered years.
Shall the above-described Charter amendment be adopted?
Yes - For Amendment
No - Against Amendment"
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SECTION 5. REFERENDUM ELECTION
A referendum election is hereby called and scheduled at the time of the next regularly
schedule general election, November 4,2008, to determine whether the ballot question appearing
in Section 3 and Section 4 hereof shall be approved by a majority of the votes cast in such
election in which qualified electors residing in the City shall participate. Such referendum
election shall be held and conducted in the manner prescribed by law. The places for voting in
such referendum election shall be such locations as are established for all City elections. All
duly qualified electors of the City of Edgewater shall be entitled to participate in said election.
SECTION 6. NOTICE OF REFERENDUM ELECTION
Notice of said election shall be published in accordance with Section 100.342, Florida
Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to
said election, the first publication to be in the fifth (5th) week prior to the election, and the second
publication to be in the third (3rd) week prior to the election, and shall be substantially in the
form set forth in Section 2 of this Ordinance or as otherwise lawfully provided. Copies of this
Ordinance shall be made available for public inspection during regular business hours at the City
Hall.
SECTION 7. COORDINATION WITH SUPERVISOR OF ELECTIONS AND DUTIES
The City Clerk, with necessary assistance from the Supervisor of Elections for V olusia
County, is hereby authorized to take all appropriate actions necessary to carry into effect and
accomplish the electoral provisions of this Ordinance. The City Clerk is authorized to arrange for
early voting as authorized by law.
SECTION 8. VOTER REGISTRATION BOOKS
The Supervisor of Elections for Volusia County is hereby authorized and requested to
furnish to the inspectors and clerks at each place where the votes are to be cast in such City
Charter referendum, applicable portions of the registration books or certified copies thereof
showing the names of the qualified electors residing in the City of Edgewater.
SECTION 9. INCLUSION IN THE CHARTER
It is the intention of the City Council, and it is hereby ordained that the provisions of
Sections 1 and 2 of this Ordinance shall become and be made a part of the Charter of the City of
Edgewater, Florida, as to any Charter amendment measure approved by a majority of voters
voting on such measure in such election; that the sections of this Ordinance may be renumbered
or relettered to accomplish such intentions; that the word "Ordinance" may be changed to
"Section" or other appropriate word.
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SECTION 10. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its adoption. The proposed City
Charter Amendment described in Section 1 and 2, above, shall only be effective if a majority of
the qualified electors of the City of Edgewater voting at the general election vote for its adoption
and shall be considered adopted and effective upon certification of the election results as
provided herein.
SECTION 11. CONFLICTING ORDINANCES
All ordinances in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 12. SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, that holding in no way affects the
remaining portions of this Ordinance.
SECTION 13. ADOPTION
After Motion to approve by Councilwoman Bennington and Second by Councilwoman
Rhodes, the vote on the first reading of this ordinance held on June 16, 2008, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
Second reading of this ordinance was initially scheduled for July 21, 2008. However,
during the June 16, 2008 Council meeting, Council voted to re-schedule the July 21, 2008 City
Council meeting to July 28, 2008.
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During the July 28,2008 City Council meeting, with a motion by Councilwoman Rhodes
and second by Councilman Cooper, Council voted to continue this ordinance until the August 18,
2008 meeting.
After Motion to approve by Ccvf\C'; I Ii JOmM Khorlec, and Second byCfUY'llr'1NY1fm &()()i~mr1 ,
the vote on the second reading of this ordinance was as follows:
PASSED AND DULY ADOPTED this ~ day of A Uj us t
,2008.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGE TE, ~ORIDA
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Bonnie^W~nzel 0
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Robin L. Matusick
Paralegal
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
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day of
August, 2008 under Agenda Item No.~.
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