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ORDINANCE NO. 92-0-5
AN ORDINANCE AMENDING CHAPTER 27532, LAWS OF
FLORIDA, SPECIAL ACTS OF 1951, AS AMENDED,
COMMONLY KNOWN AS THE CHARTER OF THE CITY OF
EDGEWATER, FLORIDA; PROVIDING FOR GENERAL
POWERS AND CONSTRUCTION OF THE CHARTER;
PROVIDING FOR A DESCRIPTION OF THE CORPORATE
LIMITS; PROVIDING FOR A CITY COUNCIL,
COMPOSITION, ESTABLISHMENT OF VOTING
DISTRICTS, QUALIFICATIONS, ELECTIONS AND
TERMS, COMPENSATION, THE MAYOR, GENERAL POWERS
AND DUTIES, PROHIBITIONS, VACANCIES,
FORFEITURE OF OFFICE, RECALL, FILLING OF
VACANCIES, THE COUNCIL AS A JUDGE OF
QUALIFICATIONS, PROCEDURE, ORDINANCES AND
RESOLUTIONS; PROVIDING FOR ADMINISTRATION OF
THE CITY, APPOINTMENT AND QUALIFICATIONS OF
THE CITY MANAGER, POWERS AND DUTIES OF THE
CITY MANAGER, ACTING CITY MANAGER, CREATION OF
DEPARTMENTS, CITY ATTORNEY, CITY CLERK,
PERSONNEL SYSTEM, FINANCIAL AND PURCHASING
PROCEDURES AND REGULATIONS, ADMINISTRATIVE
CODE, CODE OF" ETHICS; PROVIDING FOR
ELECTIONS, ELECTORS, NON-PARTISAN ELECTIONS,
QUALIFICATIONS OF CANDIDATES, CONDUCT OF
ELECTIONS, REGULAR AND PRIMARY ELECTIONS;
PROVIDING FOR A TRANSITION SCHEDULE,
CONTINUATION OF FORMER CHARTER PROVISIONS,
ORDINANCES AND RESOLUTIONS PRESERVED;
PROVIDING FOR RIGHTS OF OFFICERS, EMPLOYEES,
AND THE CITY COUNCIL; PROVIDING FOR PENDING
MATTERS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE FOR THE
CHARTER; PROVIDING FOR SUBMITTAL OF THE
AMENDED CHARTER TO THE ELECTO~~ .O~ T~ ctry OF
~DGEWAT~R AT A SPECIAL ELEC~ION TO BE HELD ON
MAY 27, 1992; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE ryATE FOR THE ORDINANCE;
PROVIDING FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. After numerous public meetings and untold hours of
consideration of issues on behalf of the citizens of Edgewater, the
Charter Review Committee submitted a proposed revision of the
Charter to the City Council.
2. The City Council held a Workshop on February 26, 1992, to
consider the Charter Review Committee's proposed revision and
related Staff comments.
As a result of the Workshop, the City
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Council directed the drafting of Ordinance No. 92-0-5.
3. The City Council held public meetings on March 9, 1992,
and March 14, 1992, to receive input from the citizens of Edgewater
on the first draft of Ordinance No. 92-0-5. Based on the comments
of the Charter Review Committee and the public during those
meetings, the City Council directed that the second draft of
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Ordinance No. 92-0-5 be prepared.
3. A first reading of Ordinance No. 92-0-5 was held on April
6, 1992, and the required public hearing was held on April 20,
1992, after notice pursuant to the requirements of Section 166.041,
Florida Statutes.
4. It is in the best interest of the citizens of Edgewater
that the proposed Charter as set forth in Ordinance No. 92-0-5 be
submitted to the electors of the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA
The Charter of the City of Edgewater, Florida, is hereby
amended to read as follows:
Article I - Powers
Section 1.01 - General Powers
The city shall have all governmental, corporate and
proprietary powers to enable it to conduct municipal government,
perform municipal functions and render municipal services, and may
exercise any power for municipal purposes except as otherwise
provided by law.
Section 1.02 - Construction
The powers of the city shall be construed liberally in
favor of the city, limited only by the constitution, general law
and specific limitations contained herein.
Article II - Corporate Limits
Section 2.01 - Description of Corporate Limits
The corporate limits of the City of Edgewater shall be as
set forth in that certain document entitled "Description of City of
Edgewater Corporate Limits" as it appears on the effective date of
this Charter and as that document may from time to time be amended
through the adoption of annexation and deannexation ordinances. The
original of that document shall at all times be maintained as a
record of the city by the city clerk.
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Article III - City Council
Section 3.01 - Composition
There shall be a city council consisting of a mayor and
four (4) council members elected at large by the qualified electors
of the City. One (1) council member shall be elected from each of
four (4) voting districts.
Section 3.02 - Districts
The city council shall by ordinance apportion the city into
four (4) voting districts numbered one (1) through four (4) which
shall be as nearly equal in population as possible. within six
months after official publication of the decennial census, the city
council shall by ordinance adjust the district boundaries as
required to provide for four (4) districts as nearly equal in
population as possible.
Section 3.03 - Qualifications
a. The mayor must be a qualified elector of the city on
the date that person qualifies to run for office. The mayor shall
continuously reside within the city limits during the mayor's term
of office.
b. Each council member must be a qualified elector of the
city who is a resident of the district from which the person seeks
to be elected on the date that person qualifies to run for office.
Each council member elected from a district shall continuously
reside in the district during the council member's term of office,
except that any council member who is removed from a district by
redistricting may continue to serve during the remainder of the
council member's term of office.
Section 3.04 - Elections and Terms
The regular election of the city council shall be held on
the first Tuesday after the first Monday in November 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 years,
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beginning the first Wednesday after the first Monday in November of
the year elected.
Section 3.05 - Compensation
Council members shall receive as compensation the sum of
four thousand eight hundred dollars ($4,800.00) annually, payable
monthly. The mayor shall receive as compensation the sum of six
thousand dollars ($6,000.00), annually, payable monthly. The city
council is authorized to adjust the annual salary for the mayor and
council members by ordinance, but no ordinance shall become
effective until the date of commencement of the term of those
members of the city council elected at the next regular election,
provided that such election follows the adoption of the ordinance
by at least six (6) months.
Section 3.06 - Mayor
The mayor shall be a member of the city council and preside
at meetings of the council. The mayor shall be recognized as head
of the city government for all ceremonial purposes, by the governor
for purposes of military law, for service of process, and execution
of contracts, deeds and other documents, but shall have no
administrative duties. Any additional powers and duties of the
mayor shall be such as are conferred upon the mayor by the council.
At the first council meeting after each regular city election, the
council shall elect one of its members as vice mayor. The vice
mayor shall act as mayor during the absence or disability of the
mayor.
Section 3.07 - General Powers and Duties
All legislative powers of the city shall be vested in the
city council, except as provided by law or this charter, and the
city council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the city by
law.
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Section 3.08 - Prohibitions
a. Holding Other Office - No former member of the city
council shall hold any compensated appointive city office or
employment with the city until one year after the expiration of the
term for which the member was elected.
b. Appointments and Removals - Neither the city council
nor any of its members shall in any manner dictate the appointment
or removal of any city administrative officer or employee whom the
city manager or any subordinate of the city manager is empowered to
appoint, but the city council may express its views and fully and
freely discuss with the city manager anything pertaining to
appointment and removal of such officers and employees.
c. Interference with Administration - Except for the
purpose of inquiries and information gathering, the city councilor
its members shall not deal with city officers and employees who are
subject to the direction and supervision of the manager except
through the city manager. Neither the city council nor its members
shall give orders to any such officer or employee, either publicly
or privately. Nothing in the foregoing is to be construed to
prohibit individual members of the city council from closely
scrutinizing through questions and personal observation all aspects
of city operations so as to obtain independent information to
assist the members in the formulation of sound policies to be
considered by the city council. It is the express intent of this
charter, however, that recommendations for improvement in city
operations by individual council members be made to and through the
city manager, so that the city manager may coordinate efforts of
all city departments to achieve the greatest possible savings
through the most efficient and sound means available.
Section 3.09 - Vacancies; Forfeiture of Office; Recall; Filling of
Vacancies
a. Vacancies - The office of a member of the city council
shall become vacant upon his death, resignation, entry upon the
office of mayor, or removal from office or forfeiture of office in
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any manner provided by law.
b. Forfeiture of Office - A member of the city council
shall forfeit that office if the member :
1. Is absent from three (3) consecutive regular
council meetings without being excused by the
council,
2. violates any standard of conduct or code
of ethics established by law for public officials,
3. Lacks at any time during the term of office for
which the member was elected any qualification for
the office prescribed by this charter or by law, or
4. violates any express prohibition of this charter.
c. Recall - City council members shall be subject to the
municipal recall provisions of Section 100.361, Florida Statutes.
d. Filling of Vacancies - Except as otherwise prescribed
by law, a vacancy on the city council shall be filled as follows:
1. In the case of a vacancy in the office of mayor,
the vice mayor shall serve as mayor for the
unexpired term of the mayor and assume all duties
of the mayor. A vacancy in the office of council
member shall then be created for the district from
which the vice mayor was elected and shall be filled as
set forth below. Once the vacancy in the office of
council member is filled, a new vice mayor shall be
elected by the city council.
2. In the case of a vacancy in the office of council
member, if less than six (6) months remain in the
unexpired term or until the next regular city election,
the council by a vote of three or more members shall
appoint a successor, who is eligible for the office
under Section 3.03 of this charter. Such successor
shall serve until the next regular city election at
which time a council member shall be elected in the
manner prescribed in Article V of this Charter.
3. In the case of a vacancy in the office of council
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member, if more than six (6) months remain in the
unexpired term or until the next regular city
election a special election shall be called to fill
such vacancy. The special election shall be scheduled
not sooner than sixty (60) days, nor more than
ninety (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. The person elected to fill the
vacancy must be eligible for the office under Section
3.03 of this charter and shall serve until the next
regular city election at which time a council member
shall be elected in the manner prescribed in Article V
of this Charter.
e. Extraordinary Vacancies - In the event that all
members of the council are removed by death, disability, forfeiture
of office, or if at any time the membership of the Council is
reduced to less than a quorum, the Governor shall appoint the
number of interim council members necessary to constitute a quorum.
That interim city council shall call a special election which shall
be conducted in the same manner as if it were the first election
under this charter pursuant to Section 3.04. The council members
elected during the special election shall serve until the next
regular city election at which time council members shall be
elected in the manner prescribed in Article V of this Charter.
Section 3.10 - Judge of Qualifications
The city council shall be the judge of the election and
qualifications of its members and of the grounds for forfeiture of
their office. A member charged with conduct constituting grounds
for forfeiture of office shall be entitled to a public hearing on
demand, and notice of such hearing shall be published at least
thirty (30) days prior to the hearing in a newspaper of general
circulation in the city.
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Section 3.11 - Procedure
a. Meetings - The city council shall meet regularly at
least once a month at such times and places as determined by the
city council. Special meetings may be held on the call of the
mayor, vice mayor, or majority of the members and, whenever
practicable, upon no less than twenty-four (24) hours notice to
each member and the public. Except as provided by law, all
meetings shall be open to the public.
b. Rules and Journal - The city council shall determine
its own rules and order of business except that the agenda for
regular council meetings shall include "Citizen Comments" at the
beginning and directly prior to adjournment. The city council
shall provide for the keeping of a journal of its proceedings.
This journal shall be a public record.
c. Voting - Voting on ordinances and resolutions shall be
by roll call and shall be recorded in the journal. Three members
of the city council shall constitute a quorum, but a smaller number
may adjourn from time to time and may compel the attendance of
absent members in the manner and subject to the penalties
prescribed by the rules of the council. Except in the case of an
emergency, unless otherwise provided in this charter or by law, a
motion is adopted when approved by the votes of a majority of the
members present and an ordinance or resolution is adopted when
approved by the votes of three or more members of the city council.
An emergency shall mean an imminent threat to the health, safety,
and welfare of the citizens of Edgewater.
Section 3.12 - Ordinances and Resolutions
Ordinances and resolutions shall be adopted by the city council
in accordance with general law.
Article IV - Administration
Section 4.01 - Appointment and Qualifications of the City Manager
The city council shall by a majority vote of its total
membership appoint a city manager and establish the terms of
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employment and fix the level of compensation. The city manager
shall be appointed solely on the basis of executive and
administrative qualifications.
Section 4.02 - Powers and Duties of the City Manager
The city manager shall be the chief administrative officer
of the city and shall be responsible to the city council for the
administration of all city affairs placed in the city manager's
charge under this charter. The city manager shall:
1. Appoint, and when necessary, suspend or remove, all
officers and employees of the city except as otherwise
provided by law, this charter, or personnel rules
adopted pursuant to this charter. The city manager may
authorize any officer subject to the city manager's
direction and supervision to exercise these powers
with respect to subordinates in that officer's
department or agency;
2. Direct and supervise the administration of all
departments, offices, and agencies of the city except
as otherwise provided by this charter or by law.
3. Attend all city council meetings. The city manager
shall have the right to take part in the discussion
but shall not vote.
4. See that all laws, provisions of this charter and acts
of the city council, subject to enforcement by the city
manager or by officers subject to the manager's
direction and supervision, are faithfully executed;
5. Prepare and submit the annual budget and capital
program to the city council;
6. Submit to the city council a complete report on the
finances and administrative activities of the city as
of the end of each fiscal year;
7 . Make such other reports as the city council may require
concerning the operations of city departments, offices,
agencies;
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8. Keep the city council advised as to the financial
condition and future needs of the city;
9. Make recommendations to the city council concerning the
affairs of the city;
10. Provide staff support serVlces for the city council;
11. Sign contracts, agreements, or leases on behalf of city
to the extent authorized by ordinance; and
12. Perform such other duties as are specified in this
charter or may be required by the city council.
Section 4.03 - Acting City Manager
By memorandum submitted to the city council, the city
manager shall designate a qualified city administrative officer to
exercise the powers and perform the duties of city manager during
the city manager's temporary absence or disability. The council
may revoke such designation at any time and appoint another
administrative officer of the city to serve until the city manager
returns.
Section 4.04 - Creation of Departments
The city council may establish city departments, offices,
or agencies in addition to those created by the charter and may
prescribe the functions of all departments, offices and agencies,
except that no function assigned by this charter to a particular
department, office, or agency may be discontinued or, unless this
charter specifically provides, assigned to any other.
Section 4.05 - City Attorney
The city council shall appoint a city attorney and
establish the terms of employment and fix the level of
compensation. The city attorney must be admitted to the practice
of law in the State of Florida. The city attorney shall be the
chief legal advisor to, and attorney for, the city council, city
manager, city clerk and all city departments, offices, and
agencies and shall perform any other duties prescribed by this
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charter or as may be required by the city council. The city
attorney shall report directly to the city council and shall not be
under the supervision and direction of the city manager.
Section 4.06 - City Clerk
The city council shall appoint a city clerk and establish
the terms of employment and fix the level of compensation. The
city clerk shall keep the journal of city council proceedings and
be the official custodian of public records. The city clerk shall
serve as the elections clerk and shall perform any other duties
prescribed by general law, this charter, or as may be required by
the city council. The city clerk shall report directly to the city
council and shall not be under the supervision and direction of the
city manager.
Section 4.07 - Personnel System
a. All appointments and promotions of city officers and
employees shall be made solely on the basis of merit, fitness, and
demonstrated ability.
b. Consistent with all applicable federal and state laws,
the city council shall provide for the establishment, regulation,
and maintenance of a personnel system including a personnel
advisory committee.
Section 4.08 - Financial and Purchasing Procedures and Regulations
Consistent with all applicable federal and state laws, the
city council shall establish procedures and regulations governing
the financial management of the city and the city's purchasing
system.
Section 4.09 - Administrative Code
The city council shall adopt an administrative code setting
forth the administrative procedures of each department and the
relationship between the city council and the city officers.
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Section 4.10 - Code of Ethics
Members of the city council, all appointed officers, and
all city employees shall be bound by the requirements of the Code
of Ethics for Public Officers and Employees, Part III, Chapter 112,
Florida Statutes which includes, but is not limited to: standards
of conduct for public officers and employees; restriction on the
employment of relatives; regulation of voting conflicts;
requirements for disclosure of financial interests and clients
represented before agencies; requirements regarding the reporting
and prohibited receipt of gifts; regulations regarding the
solicitation and disclosure of honoraria; and the provision of
penalties.
ARTICLE V - Elections
Section 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.
Section 5.02 - Non-Partisan Elections
All city council elections shall be conducted on a non-
partisan basis without designation of political party affiliation.
Section 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 candidate's name and address.
2. A declaration that the candidate is a qualified
elector of the city.
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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 any time after noon of the first day of qualifying, which
shall be the fiftieth (50th) day prior to the first primary
election, but not later than noon of the forty-sixth (46th) day
prior to the date of the first primary. The city clerk shall post
in city hall notification of the date of the first primary election
no later than ninety (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.
Section 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.
Section 5.05 - Regular and Primary Elections
a. Regular city election - If only two (2) candidates
qualify for the office of mayor or for the office of council member
from anyone 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 (2) candidates
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qualify for the office of mayor or for the office of council member
from anyone 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 (2) 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.
ARTICLE VI - Transition Schedule
Section 6.01 - Continuation of Former Charter provisions
All provisions of the charter of the City of Edgewater in
effect immediately prior to the effective date of this charter
which are not contained herein and which are not inconsistent with
this charter shall become ordinances of the city subject to
modification or repeal in the same manner as other ordinances of
the city.
Section 6.02 - Ordinances and Resolutions Preserved
All ordinances and resolutions in effect immediately prior
to the effective date of this charter shall remain in full force
and effect to the extent not inconsistent or in conflict with this
charter until repealed or changed as provided by law.
Section 6.03 - Rights of Officers, Employees, and the City Council
Nothing in this charter except as otherwise specifically
provided shall affect or impair the rights or privileges of persons
who were city officers or employees immediately prior to the
effective date of this charter. Members of the city council shall
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continue to hold office until the expiration of their terms.
Section 6.04 - Pending Matters
All rights, claims, actions, orders, contracts and legal or
administrative proceedings involving the city immediately prior to
the effective date of this charter shall continue except as
modified pursuant to the provisions of this charter.
Section 6.05 - Severability and Applicability
If any portion of this charter is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this charter. If this
charter 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.
Section 6.06 - Effective Date
This charter shall take effect upon approval by a majority
of the electors voting in the special election upon this charter.
PART B. PROVIDING FOR SUBMITTAL OF THE AMENDED CHARTER TO THE
ELECTORS OF THE CITY OF EDGEWATER AT A SPECIAL ELECTION TO BE HELD
ON MAY 27, 1992
The proposed amendment to Chapter 27532, Laws of Florida,
Special Acts of 1951, as amended, commonly known as the Charter of
the City of Edgewater, Florida, as set forth in Part A of this
ordinance 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:
AMENDMENT TO THE CHARTER OF THE CITY OF
EDGEWATER, FLORIDA
Shall the amended Charter of the City of
Edgewater, Florida, as set forth in Ordinance
No. 92-0-5 be approved? If approved, the
Charter shall include: general powers;
construction; description of corporate limits;
City Council composition, districts,
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qualifications, elections and terms,
compensation, general powers and duties,
prohibitions, filling of vacancies, and
procedures including "Citizen Comments";
appointment of the Ci ty Manager, Ci ty
Attorney, and City Clerk; powers and duties of
the City Manager; establishment of a personnel
system, financial procedures, an
administrative code and a Code of Ethics; and
qualification of candidates and conduct of
elections.
PART C. CODIFICATION
Upon approval by a majority of the electors voting in the
referendum upon this charter, this charter shall be incorporated in
the Code of Ordinances of the City of Edgewater, Florida; provided,
however, that Parts B through E shall not be codified.
PART D. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E. ADOPTION.
After Motion by Councilman Hays and Second by Councilperson
Martin, 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 Hays 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
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PASSED AND DULY ADOPTED this 20th day of April, 1992.
ATTEST: CITY COUNCIL OF THE
- CITY OF EDGEWATER, FLORIDA
Susan J./Wadsworth Tanya . Wessler
.City Clerk. Mayor
APPROVED FOR FORM
AND CORRECTNESS;
�l
R is a A. Storey
City Attorney
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