97-O-07
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ORDINANCE NO. 97-0-07
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER,
FLORIDA; AMENDING SECTION 3.04. ELECTION AND
TERMS OF THE CHARTER OF THE CITY OF EDGEWATER,
FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Pursuant to Chapter 95-462, Special Acts of Florida, the
City elections shall now be held at the time established by the
Election Code for second primaries - five weeks before the general
election.
2. Section 3.04 of the Charter provides that the term of
office for Councilmembers shall begin the first Wednesday after the
first Monday in November. As the result of the change in election
dates, a new Council would not take office until five (5) weeks
after the election.
3. It is in the best interests of the citizens of Edgewater
that the Charter be amended to clarify the election date and
provide that the term of office shall begin at the next regular
meeting of the City Council after the election.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A.
AMENDMENT OF SECTION 3.04 OF THE CHARTER OF THE
CITY OF EDGEWATER, FLORIDA.
Section 3.04 of the Charter is hereby amended to read as
follows:
Section 3.04. Elections and terms
Beginning in 1997, tPhe regular election of the city council
shall be held in each odd-numbered year on the date that would be
established by the Florida Election Code for the second primary if
it were an even-numbered year on the first Tuesday after the first
Monday in No~ember 1992, and every two (2) years thereafter in the
manner prescribed in Article V of this Charter. The term of office
shall be for two (2) years, beginning at the next regular council
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meeting after the election 'the firs't Uednesday af'ter 'the firs't
Monday in November of 'the year elec:'ted.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
CODIFICATION
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Hays and Second by Councilman
Mitchum, the vote on the first reading of this ordinance held on
May 5, 1997, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
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After Motion by Councilman Hatfield and Second by Councilwoman
Martin, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 19th day of May, 1997.
ATTEST:
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CITY COUNCIL OF THE
CITY �F EDGENATER, i
By:
.Tack H. Hayma , Sr.
Mayor
APPROVED FOR FORM S CORRECTNESS:
Kri"a A. Storey
City Attorney