2010-O-02Yin
ORDINANCE NO.2010-0-02
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA PROVIDING FOR AMENDMENT OF THE CITY
CHARTER BY AMENDING ARTICLE V "ELECTIONS",
BY MODIFYING SECTION 5.03(c) "QUALIFICATION OF
CANDIDATES"; PROVIDING FOR INCLUSION IN THE
CHARTER; PROVIDING FOR SEVERABILITY,
CONFLICTING ORDINANCES AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council approved Ordinance #2008-0-07 which
modified the City Charter election provisions by adopting the Volusia County
election schedule for elections to be held in even -numbered years with elected
officials taking office in the month of December following the election; and
WHEREAS, the above modification resulted in the extension of the seated
mayor and council members terms for a period of one year and one month; and
WHEREAS, Ordinance #2008-0-07 also appointed Volusia County to
conduct all required canvassing activity for general elections conducted in even -
numbered years for the City of Edgewater; and
WHEREAS, the revisions to the Charter resulted in a conflict with State
requirements where our qualifying period would be after the County of Volusia
deadline to get names on the ballot for early voting; and
WHEREAS, pursuant to the authority contained in Section 100.3605
(Conduct of municipal elections), Florida Statutes (2009), the City may, by
ordinance change the dates for qualifying and for the election of members of the
governing body of the City and provide for the orderly transition of office resulting
from such date changes.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
SECTION 1. CHARTER AMENDMENT
Article V "Elections", Section 5.03(c) of the City Charter is hereby amended by
ordinance pursuant to the authority contained in Section 100.3605 (Conduct of municipal
elections), Florida Statutes (2009), and shall read as follows:
Struckthroughpassages are deleted.
Underlined passages are added.
2010-0-02
ARTICLE V. ELECTIONS
See. 5.01. Electors.
Any person who is a resident of the city, who has qualified as an elector of this state, and
who registers in the manner prescribed by general law and ordinance of the city, shall be an
elector of the city.
Sec. 5.02. Nonpartisan elections.
All city council elections shall be conducted on a nonpartisan basis without designation
of political party affiliation.
Sect 5.03. Qualification of candidates.
(a) Any person seeking to become a candidate for city council shall file a notice of
intention to become a candidate with the city clerk. Any person seeking to become a candidate
must be in compliance with the requirements of Section 3.03 at the time of filing the notice of
intention. In addition to information required by the election laws of the State of Florida, such
notice of intention shall include the following information:
(1) The candidates time and address.
(2) A declaration that the candidate is a qualified elector of the city.
(3) A declaration as to which office the candidate is seeking election and in
the case of a council member, the district from which the candidate seeks
to be elected. No person shall be a candidate for mayor and council
member at the same time and no person shall be a candidate for more than
one council seat in the same election.
(b) Each notice of intention shall be signed by the person seeking to become a
candidate and shall include a sworn affidavit attesting to the accuracy of the information
contained therein.
(c) Such notice of intention shall be filed with the city clerk an time after
the fifst day of qualifyie'
o. L..,._ than Been ,.f a...'A<� ,,... 1.._ „ a,e date of the first _�....._., at the time and dates as
u y F.. .
established by the Florida Election Code of each even -numbered year, unless otherwise set by
adoption of a resolution of the City Council. The city clerk shall post in city hall notification of
the date of the first primary election no later than 90 days prior to the date of the first primary.
(d) At the time of filing such notice of intention to become a candidate, the candidate
shall also comply with all other requirements of the election laws of the State of Florida
applicable to candidates for municipal office.
Sesielk g : passages are deleted.
Underlined passages are added.
2010-0-02
Sec. 5.04. Conduct of elections.
Except as provided in this Charter and by ordinance, all elections shall be conducted in
accordance with the election laws of the State of Florida.
Sec. 5.05. Regular and primary elections.
(a) Regular city election. If only two candidates qualify for the office of mayor or for
the office of council member from any one district, then the candidate receiving the highest
number of votes at the regular city election shall be declared elected.
(b) Primary election. If more than two candidates qualify for the office of mayor or
for the office of council member from any one district, then there shall be a primary election held
at the time required by the election laws of the State of Florida. If any candidate in the primary
election receives a majority of the votes cast for that office, such candidate shall be declared
elected without the necessity of running in the regular city election. If no candidate receives a
majority of the votes cast for that office, the two candidates receiving the highest number of
votes in the primary election shall be declared candidates for that office and shall run in the
regular city election. The candidate receiving the highest number of votes in the regular election
shall be declared elected. In the case of a tie vote in the primary election the candidates shall be
determined pursuant to the election laws of the State of Florida.
Sec. 5.06. Public information.
Dissemination of information and education of the public regarding city issues shall be
deemed a public purpose for which city funds may be expended. Principles of fairness and the
Code of Ethics shall govern the form and content of such efforts.
SECTION 2. INCLUSION IN THE CHARTER
It is the intention of the City Council, and it is hereby ordained that the provisions of
Sections 1 of this Ordinance shall become and be made a part of the Charter of the City of
Edgewater, Florida, pursuant to the authority contained in Section 100.3065 (Conduct of
municipal elections), Florida Statutes (2009); 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.
SECTION 3. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its adoption.
SECTION 4. CONFLICTING ORDINANCES
All ordinances in conflict herewith are hereby repealed to the extent of such conflict
Struck through passages are deleted.
Underlined passages are added.
2010-0-02
SECTION 5. 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 6. ADOPTION
After Motion to approve by Councilman Cooper and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on January 25, 2010, 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
After Motion to approve by fa i nmlaio � I�h�d Second byrrn nn lmn n LiapL�C,
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
Strad(dsongk passages are deleted. q
Underlined passages are added.
2010-0-02
C
PASSED AND DULY ADOPTED this 8th day of February, 2010.
ATTEST:
`-IvAIo>lr r4arJ
Bonnie Wenzel
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, Sims,Wolfe, Ansay,
Kundid & Birch
Snue4Mreugh passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLO A
s
Ike Thom s
yor
v IObfv.-ITYY�T..a..e� r a
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day of
February, 2010 under Agenda Item No. .
2010-0-02