2011-R-24 RESOLTUTION NO 2011 -R -24
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA; CALLING A SPECIAL ELECTION - PRIMARY
AND GENERAL (IF NECESSARY), TO FILL THE
VACANCY IN CITY COUNCIL - DISTRICT 4 FOR THE
UNEXPIRED TERM; ESTABLISHING A QUALIFYING
PERIOD; PROVIDING FOR A CANVASSING BOARD AND
APPOINTING MEMBERS TO SAID BOARD; APPROVING
AN AGREEMENT WITH THE VOLUSIA COUNTY
SUPERVISOR OF ELECTIONS TO CONDUCT THE
ELECTION AND TO PROVIDE POLL WORKERS;
ELECTING NOT TO PROVIDE EARLY VOTING;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, on November 30, 2011 District 4 Councilman Ted Cooper unexpectedly
passed away:
WHERAS, pursuant to Section 3.09 (d) (2) of the City Charter, a vacancy in the Council
shall be filled by special election when the vacancy occurs with more than six (6) months before
the next regularly scheduled election. The next election is scheduled for the fall of 2012,
therefore the City Council must fill the vacancy by special election.
WHEREAS, pursuant to Section 3.09 (d) (2) of the City Charter, the special election
shall be scheduled not sooner than 60 days, nor more than 90 days following the occurrence of
the vacancy and if a primary is necessary, it shall be held as required by the election laws of the
State of Florida.
WHEREAS, therefore the special election to fill the vacancy in District 4 must occur by
February 28, 2012.
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WHERAS, City Council has selected February 7, 2011 as the date for the Special
Primary Election and February 28, 2012 as the date of the Special General Election (if
necessary).
WHEREAS, the City must designate a canvassing board to canvass the results of the
special election.
WHEREAS, the City must enter into a contract with the Volusia County Supervisor of
Elections to conduct the special election, which will include providing poll workers.
NOW THEREFORE BE IT ENACTED by the City Council of the City of Edgewater
Florida.
SECTION 1. The City Council hereby calls a Special Election — Primary to occur on
February 7, 2012 and a Special Election — General to occur on February 28, 2012 (if necessary),
to fill the vacancy in District 4 with the candidate elected to serve the unexpired term of District
4.
SECTION 2. The City Council hereby establishes the qualifying period for the Special
Election — Primary, commencing at noon on Monday Tuesday, January 3, 2012 and ending at
noon, Friday, January 6, 2012.
SECTION 3. The City Council hereby approved the attached agreement with the Volusia
County Supervisor of Elections marked as Exhibit "A" and authorizes the City Manager to
execute same.
SECTION 4. The City Council hereby appoints the mayor, city manager and city clerk
as the City of Edgewater's canvassing board for this election.
SECTION 5. The Volusia County Supervisor of Elections shall provide all poll workers
for this election pursuant to the approved agreement.
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SECTION 6. The City hereby elects not to provide for early voting for the Special
Election — Primary and Special Election — General.
SECTION 7. Conflicting Provisions. All conflicting ordinances and resolutions are
hereby superseded by this resolution to the extent of such conflict.
SECTION 8. Severability and Applicability. If any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this resolution. If this resolution or any provisions thereof shall
be held to be inapplicable to any person, property, or circumstances, such holdings shall not
affect its applicability to any other person, property, or circumstance.
SECTION 9. Effective Date. This resolution shall become effective immediately upon
passage and adoption or take effect on December 12, 2011.
SECTION 10. Adoption.
After Motion by Councilman Kennedy with Second by Councilwoman Bennington to
correct the day for qualifying from Monday to Tuesday, January 3 vote on the correction was
as follows:
AYE NAY
Mayor Michael Thomas X
Councilman Justin Kennedy X
Councilwoman Gigi Bennington X
Councilman Michael Ignasiak X
District 4 VACANT
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• After Motion by Councilwoman Bennington and Second by Councilman Kennedy, the
vote on this resolution held on December 12, 2011 was as follows:
AYE NAY
Mayor Michael Thomas X
Councilman Justin Kennedy X
Councilwoman Gigi Bennington X
Councilman Michael Ignasiak X
District 4 VACANT
PASSED AND DULY ADOPTED this 12th day of December, 2011.
ATTEST
CITY COUNCIL OF THE
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a Special meeting held on the
legality by: Aaron R. Wolfe, Esquire 12th day of December, 2011 under Agenda
City Attorney Item 2a.
Doran, Sims, Wolfe & Kandid
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42011-R-24