2014-O-11 ORDINANCE NO. 2014-0-11
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, CALLING A REFERENDUM OF QUALIFIED
ELECTORS RESIDING IN THE CITY TO BE HELD ON
NOVEMBER 4, 2014, ON THE QUESTION OF ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTIONS;
SETTING FORTH THE BALLOT QUESTION;
AUTHORIZING THE OFFICE OF THE CITY CLERK TO
TRANSMIT A COPY OF THIS ORDINANCE AND BALLOT
LANGUAGE TO THE ELECTIONS SUPERVISOR OF THE
COUNTY OF VOLUSIA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND
ADOPTION.
WHEREAS, §196.1995, Fla. Stat., provides that the governing authority of any
municipality may call a referendum within its jurisdiction to determine whether the municipality
may grant economic development ad valorem tax exemptions under §3, Article VII of the State
Constitution, if the governing authority of the municipality votes to hold such referendum; and
WHEREAS, the City Council of the City of Edgewater, Florida, desires to include
language on the November 4, 2014 ballot for the purpose of determining whether the city may
grant such economic development ad valorem tax exemptions.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA:
SECTION 1: Request for Ballot Question. That a question be included on the
November 4, 2014 ballot for the qualified electors residing in the City of Edgewater, Florida to
determine whether the City of Edgewater, Florida may grant economic development ad valorem
tax exemptions under §3, Article VII of the State Constitution. All qualified electors residing in
the City shall be entitled and permitted to vote on such referendum.
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SECTION 2: Ballot Question. That pursuant to §196.1995, Fla. Stat., the ballot question
in the referendum shall be in substantially the following form:
Shall the Edgewater City Council be authorized to grant, pursuant to §3,
Art. VII of the State Constitution, property tax exemptions to new businesses
and expansions of existing businesses that are expected to create new, full-
time jobs in the municipality?
Yes—For authority to grant exemptions
No—Against authority to grant exemptions
SECTION 3: REFERENDUM ELECTION. A referendum election is hereby called
and scheduled at the time of the next regularly scheduled general election, November 4, 2014, 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 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 (3rd)
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
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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 furnish to the inspectors and clerks at each
place where the votes are to be cast in such City 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: EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption. The proposed referendum 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 8: CONFLICTING ORDINANCES. All ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 9: 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.
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SECTION 10: ADOPTION. After Motion to approve by Councilman Emter with
Second by Councilwoman Power with the vote on the first reading of this ordinance held on
March 3, 2014, as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington EXCUSED
Councilman Mike Ignasiak X _
Councilman Gene Emter X
After Motion to approve by m u;,,y1a,-1 with Second by('anu,, , r r ,
the vote on the second reading/public hearing of this ordinance held on April 7, 2014, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Mike Ignasiak �C
Councilman Gene Emter jC
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PASSED AND DULY ADOPTED this 7th day of April, 2014.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGE ATFR, FLORIDA
► /1
Bonnie Wenzel Mike Thotha.s-
City Clerk ayor
rs�
Robin . Matusick
91* 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 meeting held on this 7th day of
legality by: Aaron R. Wolfe, Esquire April, 2014 under Agenda Item No. 8j .
City Attorney
Doran, Sims, Wolfe, Kundid,
Ciocchetti & Wagner
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