92-O-6
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ORDINANCE NO. 92-0-6
AN ORDINANCE PROVIDING FOR THE SUBMITTAL OF
CHARTER AMENDMENTS TO THE ELECTORS OF THE CITY
OF EDGEWATER AT A SPECIAL ELECTION TO BE HELD
ON MAY 27, 1992; PROVIDING FOR SUBMITTAL OF AN
AMENDMENT CHANGING THE TERM OF OFFICE OF THE
CITY COUNCIL FROM TWO YEAR NON-STAGGERED TO
THREE YEAR STAGGERED; PROVIDING FOR SUBMITTAL
OF AN AMENDMENT REGARDING A RESIDENCY
REQUIREMENT FOR CERTAIN CITY EMPLOYEES;
PROVIDING FOR SUBMITTAL OF AN AMENDMENT
CHANGING THE DATE OF REGULAR CITY ELECTIONS
FROM NOVEMBER TO MARCH; PROVIDING FOR AN
EFFECTIVE DATE FOR THE AMENDMENTS; AUTHORIZING
CONFORMANCE OF THE AMENDMENTS INTO THE CHARTER
UPON APPROVAL; PROVIDING FOR AN EFFECTIVE DATE
FOR THE ORDINANCE; PROVIDING FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Pursuant to the adoption of Ordinance No. 92-0-5, the City
Council has provided for the submittal of a amended Charter to the
electors of the City of Edgewater.
2. It is in the best interests of the citizens of Edgewater
and consistent with our democratic heritage that three issues be
submitted to the electors as separate ballot questions.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. PROVIDING FOR SUBMITTAL OF AN AMENDMENT CHANGING THE TERM
OF OFFICE OF THE CITY COUNCIL FROM TWO YEAR NON-STAGGERED TO THREE
YEAR STAGGERED TO THE ELECTORS OF THE CITY OF EDGEWATER AT A
SPECIAL ELECTION TO BE HELD ON MAY 27, 1992
A proposed amendment to the Charter of the City of Edgewater
changing the term of office of the City Council from two year non-
staggered to three year staggered is hereby approved for submittal
to the electors of the City of Edgewater, Florida, at a special
election to be held on May 27, 1992. The ballot title and ballot
question shall read as follows:
CHANGE OF TERM OF OFFICE FROM TWO YEAR NON-
STAGGERED TO THREE YEAR STAGGERED
Shall the term of office for the mayor and
council members be changed from the current
two year non-staggered term to a three year
staggered term? If the change is approved, in
November 1992, the mayor and two council
members would be elected to a three year term.
Two council members would be elected to a two
year term. In 1994, the council members whose
terms expired would then be elected to a three
year term. In 1995, the mayor and council
members whose terms expired would be elected
to a three year term. Regular elections would
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continue in the same order.
If the ballot question set forth above is approved, the
Charter shall be amended to read substantially as follows:
The regular election of the city council shall
be held on the first Tuesday after the first
Monday in November 1992. The term of office
shall be as set forth below beginning on the
first Wednesday after the first Monday in
November of the year elected. At the first
election under this Charter in November 1992,
the mayor and four (4) council members shall
be elected. The term of the mayor and the
council members from districts 1 and 3 shall
expire in November 1995 . The term of the
council members elected from districts 2 and 4
shall expire in November 1994. A regular
election shall be held on the first Tuesday
after the first Monday in November 1994, to
elect council members from districts 2 and 4
to serve a term of three (3) years expiring
November 1997. A regular election shall be
held on the first Tuesday after the first
Monday in November 1995, to elect a mayor and
council members from districts 1 and 3 to
serve a term of three (3) years expiring in
November 1998. Henceforth, the regular
elections shall continue in the same order.
PART B. PROVIDING FOR SUBMITTAL OF AN AMENDMENT REGARDING A
RESIDENCY REQUIREMENT FOR CERTAIN CITY EMPLOYEES TO THE ELECTORS OF
THE CITY OF EDGEWATER AT A SPECIAL ELECTION TO BE HELD ON MAY 27,
1992
A proposed amendment to the Charter of the City of Edgewater
regarding a residency requirement for certain city employees in
hereby approved for submittal to the electors of the City of
Edgewater, Florida, at a special election to be held on May 27,
1992. The ballot title and ballot question shall read as follows:
RESIDENCY
EMPLOYEES
REQUIREMENT
FOR
CERTAIN
CITY
Shall the Charter of the City of Edgewater
include a requirement that the City Manager,
City Attorney, City Clerk, and department
heads reside within the corporate limits of
the City within six months after the
completion of the probationary period unless
waived by the City Council pursuant to the
provisions of current Ordinance No. 88-0-24?
The current Charter requires City residency
for the City Manager and department heads. If
approved, this amendment would extend the
requirement to the City Attorney and City
Clerk. The proposed Charter would address
this issue for the City Manager, City
Attorney, and City Clerk through the City
Council's authority to establish terms of
employment. The issue would be addressed for
department heads in the course of employment
negotiations with the City Manager.
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If the ballot question set forth above is approved, the Charter
shall be amended to read substantially as follows:
The City Manager, City Attorney, City Clerk,
and all department heads 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. 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. This
section shall not apply to any department head
or city officer hired prior to the effective
date of this section unless the residency
requirement found in Chapter 27532, Laws of
Florida, Special Acts of 1951, as amended, was
applicable to such department head or city
officer.
PART C. PROVIDING FOR SUBMITTAL OF AN AMENDMENT CHANGING THE DATE
OF REGULAR CITY ELECTIONS FROM NOVEMBER TO MARCH TO THE ELECTORS OF
THE CITY OF EDGEWATER AT A SPECIAL ELECTION TO BE HELD ON MAY 27,
1992.
A proposed amendment to the Charter of the City of Edgewater
changing the date of the regular City elections from November to
March is hereby approved for submittal to the electors of the City
of Edgewater, Florida, at a special election to be held on May 27,
1992. The ballot title and ballot question shall read as follows:
CHANGING THE DATE OF THE REGULAR CITY
ELECTIONS FROM NOVEMBER TO MARCH
Shall the date of the regular City elections
be changed from November to March? A March
election would limit the ballot to allow
concentration on municipal issues. Voter
turnout may be affected by an election held
other than at the time of the November
general election. If the change is approved,
regular elections must still be held in
November 1992. The term of office of those
elected would expire in March instead of
November. The next regular election after
November 1992, and subsequent regular
elections, would be held in March.
If the ballot question set forth above is approved, and the
term of office remains a two year non-staggered term the
Charter shall be amended to read substantially as follows:
The first regular election under this charter
shall be held on the first Tuesday after the
first Monday in November 1992. The term of
office shall be for sixteen (16) months,
beginning the first Wednesday after the first
Monday in November 1992. The next regular
election under this charter shall be held on
the xx Tuesday after the XX Monday in March
1994. The term of office shall be for two
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years, beginning the XX Wednesday after the XX
Monday in March. All subsequent regular
elections shall be held in March.
If the ballot question regarding the March election date is
approved and the term of office is changed to a three year
staggered term, the Charter shall be amended to read substantially
as follows:
The first regular election under this charter
shall be held on the first Tuesday after the
first Monday in November 1992. The term of
office shall be as set forth below beginning
on the first Wednesday after the first Monday
in November 1992. In November 1992, the mayor
and four (4) council members shall be elected.
The term of the mayor and the council members
from districts 1 and 3 shall expire in March
1995. The term of the council members elected
from districts 2 and 4 shall expire in 1994.
A regular election shall be held on the XX
Tuesday after the first xx in March 1994, to
elect council members from districts 2 and 4
to serve a term of three (3) years expiring
March 1997. A regular election shall be held
on the XX Tuesday after the XX Monday in March
1995, to elect a mayor and council members
from districts 1 and 3 to serve a term of
three (3) years expiring in March 1998.
Henceforth, the regular elections shall
continue in the same order.
PART D. EFFECTIVE DATE OF CHARTER AMENDMENTS
The amendments set forth in Parts A through C of this
ordinance shall become effective upon approval by a majority of the
electors voting in the referendum upon the ballot questions.
PART E. AUTHORIZING CONFORMANCE OF THE AMENDMENTS INTO THE CHARTER
UPON APPROVAL
Upon approval of the amendments set forth in Parts A through
C of this ordinance by a majority of the electors voting in the
referendum upon the ballot questions, the City Attorney is hereby
authorized to conform the amendments into the Charter, whether the
Charter of the City of Edgewater shall remain as set forth in
Chapter 27532, Laws of Florida, Special Acts of 1951, as amended,
or as provided for in Ordinance No. 92-0-5.
PART F. EFFECTIVE DATE OF ORDINANCE
This ordinance shall take effect upon adoption.
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PART G. ADOPTION.
After Motion by Councilperson Martin and Second by Councilman
Jones, the vote on the first reading of this ordinance held on
April 6, 1992, was as follows:
Mayor Tanya B. Wessler Aye
Councilman Kirk Jones Aye
Councilperson Louise Martin Aye
Councilperson NoraJane Gillespie Nay
Councilman Michael Bays Aye
After Motion by Councilman Hays and Second by Councilman
Jones, the vote on the second reading of this ordinance was as
follows:
Mayor Tanya B. Wessler Aye
Councilman Kirk Jones Aye
Councilperson Louise Martin Aye
Councilperson NoraJane Gillespie Nay
Councilman Michael Hays Aye
PASSED AND DULY ADOPTED this 20th day of April, 1992.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Tanya Ia. Wessler
Mayor
APPROVED FOR FORM
AND CORRECTNESS;
Cr sta A. Stor L
City Attorney
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