2010-O-08ORDINANCE NO. 2010-0-08
AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA
AMENDING ARTICLE IV (ADMINISTRATION), SECTION 4.11
(RESIDENCY REQUIREMENTS FOR CERTAIN CITY
EMPLOYEES) OF THE CHARTER OF THE CITY OF
EDGEWATER; PROVIDING FOR REVISION OF THE
CHARTER; PROVIDING FOR SUBMISSION TO THE
ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE
PROPOSED CHARTER AMENDMENT 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 (2009), 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, Section 4.11 of the City Charter provides that the city manager, city attorney, city
clerk and all department heads in charge of public safety services shall reside within the city limits, but
that, except as to the city manager, police chief and fire chief, the requirement can be waived by the City
Council under extraordinary circumstances; and
WHEREAS, the Charter Review Committee of the City of Edgewater, Florida has proposed a
change to the City Charter as more fully described herein; and
WHEREAS, the City Council of the City of Edgewater, Florida (the "City Council") desires to
submit to its citizens for consideration whether Section 4.11 of the City Charter should be amended to
allow the City Council to waive the residency requirement for the Police Chief and Fire Chief and to
broaden the City Council's power to grant waivers by removing the condition that waivers shall only be
granted under extraordinary circumstances.
CODING: words underlined are additions; words stricken are deletions.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
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Underlined passages are added.
2010-0-08 Page 1 of 5
SECTION 1. PROPOSED CHARTER AMENDMENT
Section 4.11 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:
The city manager, city attorney, city clerk, and all department heads in
charge of public safety services (Police Chief/Fire Chief) shall reside
within the corporate limits of the city within six months after the
completion of the probationary period unless the requirement is waived by
the city council. Except as to the city manager,
the city council may waive the residency requirement if the waiver is
deemed to be in the best interests of procuring the services of the most
qualified professional applicant. Council shall only g '"`
may impose reasonable conditions,
such as, for example; limits on the time of the waiver. This section shall
not apply to any department head or city employee hired prior to the
effective date of this section.
SECTION 2. FORM OF BALLOT RELATED TO SECTION 1
The form of ballot for the Charter amendment provided for in Section 1 of this Ordinance shall
be, as follows:
"Amendment of Residency Requirements of Certain City Department Heads or
Employees
The current City Charter requires certain Department Heads reside in the City. The City
Council may waive this residency requirement if deemed in the best interests of
procuring the services of the most qualified professional applicant and the Council finds
extraordinary circumstances exist. Currently, this waiver is not available to the Police and
Fire Chief. This Amendment removes the requirement that extraordinary circumstances
exist and makes such waiver available to the Police and Fire Chief."
Shall the above -described Charter amendment be adopted?
Yes — For Amendment
No — Against Amendment"
SECTION 3. REFERENDUM ELECTION
A referendum election is hereby called and scheduled at the time of the next regularly schedule
general election, November 2, 2010, to determine whether the ballot question appearing in Section 2
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
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2010-0-08 Page 2 of 5
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 4. 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 (P) 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 5. COORDINATION WITH SUPERVISOR OF ELECTIONS AND DUTIES
The City Clerk, with necessary assistance from the Supervisor of Elections for Volusia 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 6. VOTER REGISTRATION BOOKS
The Supervisor of Elections for Volusia County is hereby authorized and requested to famish 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 7. INCLUSION IN THE CHARTER
It is the intention of the City Council, and it is hereby ordained that the provisions of Sections I
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.
SECTION 8. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its adoption. The proposed City Charter
Amendment described in Section 1, 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 9. CONFLICTING ORDINANCES
All ordinances in conflict herewith are hereby repealed to the extent of such conflict.
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SECTION 10. 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 11. ADOPTION
After Motion to approve by Councilman Cooper and Second by Councilwoman Rogers, the vote
on the first reading of this ordinance held on April 19, 2010, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes ABSENT
Councilman Ted Cooper X
After Motion to approve by ; •nu and Second by Oninedn�, the vote
on the second reading of this ordinance held on May 17, 2010 was as follows:
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
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AYE NAY
x
x
A hSen�
9
L
PASSED AND DULY ADOPTED this 17th day of May, 2010.
ATTEST:
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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
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CITY COUNCIL OF THE
CITY O EDGEW TER, FLORIDA
By
Mike mss
Mayor
Robin L. Matusick
Paralegal
Edgewater at a meeting held on this 17th day
of May, 2010 under Agenda Item No. � 0.L.
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