2006-O-30ORDINANCE NO.2006-0-30
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA PROPOSING AN AMENDMENT TO THE
CHARTER OF THE CITY OF EDGEWATER; PROVIDING
FOR EXCEPTIONS TO THE PROHIBITION AGAINST NEW
BUILDING HEIGHTS IN EXCESS OF 35 FEET, AS SUCH
PROHIBITION MAY BE ADOPTED PURSUANT TO A
CITIZEN -INITIATED CHARTER AMENDMENT;
PROVIDING FOR A REFERENDUM FOR APPROVAL OR
REJECTION OF THE PROPOSED AMENDMENT BY THE
ELECTORS OF THE CITY OF EDGEWATER; PROVIDING
FOR AND AUTHORIZING FURTHER ACTS TO
IMPLEMENT THIS ORDINANCE; PROVIDING FOR
SEVERABILITY AND CONFLICTS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a
municipality may, by ordinance, submit to the electors of said municipality proposed amendments
to its charter which amendments may be to any part or to all of its charter except that part describing
the boundaries of such municipality; and
WHEREAS, the City Council finds that it is in the best interest of the City of Edgewater to
submit certain proposed amendments to the Charter of the City of Edgewater to the electors of the
City at the next general municipal election to be held on November 7, 2006, all in accordance with
Section 166.031, Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Council of the City of Edgewater has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166,
Florida Statutes, and Section 6.08 of the Charter.
SECTION 2. Proposed Amendment to Charter: Exceptions to the Prohibition Against
New Building Heights in Excess of 35 Feet, as Such Prohibition may be Adopted Pursuant to a
Citizen -initiated Charter Amendment.
(a) Text of Proposed Amendments, The City Council of the City of Edgewater,
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Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment to the Charter
of the City of Edgewater as set forth in Exhibit "A-V attached hereto and by this reference made
a part hereof.
(b) Ballot Ouestion. The ballot title, ballot question and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the ballot
in the form as set forth in Exhibit "A-2" attached hereto and by this reference made a part hereof.
(c) Effective Date of Proposed Amendments. The proposed amendment set forth
in Subsection (a) above shall take effect immediately upon approval by a majority of those qualified
City of Edgewater electors voting on the proposed amendment at the general municipal election on
November 7, 2006, but only if the Citizen -initiated charter amendment to prohibit certain new
building heights from exceeding 35 feet, as same is found on the ballot for the general municipal
election on November 7, 2006, is approved by a majority of those qualified City of Edgewater
electors voting on such proposed charter amendment at the general municipal election on November
7, 2006 and such amendment thereafter becomes effective and is incorporated into the Charter ofthe
City of Edgewater. If a majority of the votes cast at the referendum election shall be against the
Charter Amendment proposed by this Ordinance, then this Charter Amendment shall be defeated and
of no force and effect. If a majority of the votes cast at the referendum election shall be in favor of
the Charter Amendment proposed by this Ordinance but the citizen -initiated charter amendment to
prohibit certain new building heights from exceeding 35 feet, as same is found on the ballot for the
general municipal election on November 7, 2006, is defeated, then this Charter Amendment shall
be of no force and effect.
SECTION 3. Submission to Electorate. The proposed amendment to the Charter, as
contained in Section 2 of this Ordinance, shall be placed to a vote of the electors of the City of
Edgewater at the next general municipal election to be held on November 7, 2006. Such election
shall be held in conformity with the laws of the State of Florida and the ordinances of the City of
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2006-OJO 2
Edgewater now in force relating to elections in the City of Edgewater.
SECTION 4. Authorization for Further Acts. The City Manager (or Interim City
Manager as the case may be) and the City Attorney of the City of Edgewater are authorized and
directed:
(1) To make further modification and changes to the ballot wording set forth in
this Ordinance as may be necessary or desirable under the constitution and
laws of the State of Florida. so long as such changes and modifications do not
alter the substance of this Ordinance, subject to confirmation of the City
Council; and
(2) To otherwise take all actions necessary or desirable to cause the proposed
amendment to the Charter as set forth in this Ordinance to be subject to
referendum at the general municipal election to be held on November 7,
2006.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 6. Conflicting Ordinances. All ordinances and Charter provisions or parts of
ordinances and Charter provisions in conflict with any amendment to the Charter set forth in this
Ordinance are hereby repealed, but only if such amendment is approved by a majority of those
qualified City of Edgewater electors voting on the proposed amendment at the general municipal
election on November 7, 2006 and only if the Citizen -initiated charter amendment to prohibit certain
new building heights from exceeding 35 feet, as same is found on the ballot for the general municipal
election on November 7, 2006, is approved by a majority of those qualified City of Edgewater
electors voting on such proposed charter amendment at the general municipal election on November
7, 2006 and such amendment thereafter becomes effective and is incorporated into the Charter of the
City of Edgewater.
SECTION 7. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
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2006-0-30
SECTION 8. Adoption. After Motion to approve by Councilwoman Rhodes and Second
by Councilwoman Lichter, the vote on the first reading/public hearing of this ordinance held on
August 21, 2006, was as follows:
AYE NAY
Mayor Mike Thomas
X
Councilwoman Debra J. Rogers
X
Councilman Dennis A. Vincenzi
ABSENT
Councilwoman Harriet B. Rhodes
X
Councilwoman Judy Lichter
X
After Motion to approve by Councilwoman Rhodes and Second by Councilwoman Lichter,
the vote on the second reading/public hearing of this ordinance held on September 11, 2006, was as
follows:
AYE NAY
Mayor Mike Thomas
X
Councilwoman Debra J. Rogers
X
Councilman Dennis A. Vincenzi
X
Councilwoman Harriet B. Rhodes
X
Councilwoman Judy Lichter
X
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2006-0-30 4
PASSED AND ADOPTED this 1 I' day of September, 2006.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida Approved as to form
and legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardnec, LLP
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2006-0-30
CITY COUNCIL OF THE
CITY OF EDGEWATER,
Robin L. atustck
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 1 lth day
of September, 2006 under Agenda Item No.
6 o .
EXHIBIT "A -I"
TO ORDINANCE NO.2006-0-30
Text of Proposed Amendment.
Article I, Section 1.01(a)(2)
The building height restrictions contained in Section 1.01(a)(1) of Article 1 of the City
Charter shall not apply to any commercial, public, semi-public, or industrial use.
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2006-0-30
EXHIBIT "A-2"
TO ORDINANCE NO.2006-0-30
Ballot Title: Exemptions to 35-Foot Height Limitation Imposed by Citizen -Initiated Charter
Amendment.
Ballot Question:
BALLOT QUESTION
CHARTER AMENDMENT PROVIDING THAT ANY COMMERCIAL, PUBLIC,
SEMI-PUBLIC, OR INDUSTRIAL USES, ARE EXEMPTED FROM THE
PROHIBITION AGAINST NEW BUILDING HEIGHTS IN EXCESS OF 35 FEET,
AS SUCH PROHIBITION MAY BE ADOPTED PURSUANT TO THE CITIZEN -
INITIATED CHARTER AMENDMENT APPEARING ON THIS BALLOT.
Shall the above -described amendment be adopted?
Yes
No
Text of Proposed Amendment:
Article I, Section 1.01(a)(2)
The building height restrictions contained in Section 1.01(a)(1) of Article I of the City
Charter shall not apply to any commercial, public, semi-public, or industrial use.
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2006-0-30