2008-R-15
RESOLUTION 2008-R-15
A RESOLUTION OF THE CITY COUNCIL OF
EDGEW A TER, FLORIDA, ACCEPTING AND ADOPTING
THE ELECTION RESULTS OF THE NOVEMBER 4, 2008
GENERAL ELECTION; AUTHORIZING AND DIRECTING
THE CITY CLERK TO INCORPORATE AMENDMENTS
INTO THE CITY OF EDGEW A TER CHARTER AND TO
FILE THE REVISED CHARTER WITH THE FLORIDA
DEPARTMENT OF STATE; ACKNOWLEDGING THE
EFFECTIVE DATE OF CHARTER AMENDMENTS;
PROVIDING FOR INTENT AND PURPOSE OF
RESOLUTION; PROVIDING FOR SEVERABILITY;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, in accordance with Ordinance 2008-0-7, Ordinance 2008-0-8 and
Resolution 2008-R-I0, on November 4, 2008, a General Election was held in the City of
Edgewater for detemlination of proposed charter amendments; and
WHEREAS, the City Council of the City of Edgewater, Florida, has detennined that all
votes have been tabulated and confirmed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA, as follows:
Section 1.
Charter Amendment Related to Densitv West of Interstate 95.
Total votes cast: 9474
Total votes yes:
Total votes no:
4163
--.llil
% of votes cast:
% of votes cast:
43.94
56.06
Section 2.
Years.
Charter Amendment to Transition to Elections in Even-Numbered
Total votes cast: 9369
Total votes yes:
Total votes no:
6139
3230
% of votes cast:
% of votes cast:
65.52
34.48
2008-R-15
Section 3.
Charter Amendment for Appointment of Volusia County as
Canvassine Board for General Elections in Even-Numbered Years.
Total votes cast:
9207
Total votes yes:
Total votes no:
5933
3274
% of votes cast:
% of votes cast:
64.44
35.56
Charter Amendment for Deletion of Thirty-Five Foot Buildine Heieht
Restriction from Citv Charter.
Section 4.
Total votes cast:
9690
Total votes yes:
Total votes no:
4624
5066
% of votes cast:
% of votes cast:
47.72
52.28
Section 5.
Acceptance and Adoption of Election Results. The results of the
November 4, 2008 General Election are hereby accepted and adopted by the City Council.
Section 6.
Incorporation and Filine. In accordance with section 166.031, Florida
Statutes, the Charter Amendments adopted by a majority of the electors as set forth above shall
be incorporated into the Charter of the City of Edgewater and the City Clerk is authorized and
instructed to file the revised Charter with the Department of State.
Section 7.
Effective Date of Charter Amendments. The effective date of the
Charter Amendments is November 5, 2008.
Section 8.
Intent and Purpose of Resolution. The adoption of this Resolution is not
an expression of a policy statement by the City Council either for or against the content of the
Charter Amendment and shall be constnled solely as a ministerial duty in compliance with
Section 166.031, Florida Statutes.
200S-R-IS
Section 9.
Severabilitv. If any section, subsection, sentence, clause, phrase or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent 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 10. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 11.
passage and adoption.
2008-R-15
Effective Date. This Resolution shall become effective immediately upon
After Motion for approval by ColUlQjh~lnMan ~~ and Second by
r Ol.lf)(l il WD(\I'(V) ~ the vote on this Resolution was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
'1
'X
X
X
.Absent
PASSED AND DULY ADOPTED this 5th day of November, 2008.
I ATTEST:
I
I
Bonnie Wenzel, City Clerk
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For u~;e-~'lrid reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
I City Attorney
Doran, Wolfe, Ansay & Kundid
~
2008-R-lS
APPROVED:
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.
Robin L. Matusick, Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held this 5th day of
November, 2008 under agenda Item No. ~.