2006-O-32ORDINANCE NO.2006-0-32
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA PROPOSING AN AMENDMENT TO THE
CHARTER OF THE CITY OF EDGEWATER; AMENDING
SECTION 3.11(b) (RULES AND JOURNAL) TO PROVIDE
THAT CITY COUNCIL MEETINGS SHALL INCLUDE ONE
PERIOD FOR "CITIZEN COMMENTS" AT SUCH TIME AS
MAY BE DETERMINED BY THE CITY COUNCIL, DURING
WHICH ANY CITIZEN WISHING TO ADDRESS THE CITY
COUNCIL REGARDING ANY NON -AGENDA MATTER MAY
SPEAK FOR A PERIOD OF FIVE (5) MINUTES, IN LIEU OF
TWO PERIODS AT THE BEGINNING OF THE MEETING
AND DIRECTLY PRIOR TO ADJOURNMENT OF THE
MEETING; 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 ofthe Constitution of the State of Florida, Chapter 166,
Florida Statutes, and Section 6.08 of the Charter.
SECTION 2. Proposed Amendment to Charter: To Provide that City Council Meetings
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2006-0-32
Shall Include One Period for "Citizen Comments" at Such Time During Each Meeting as may be
Determined by the Council, During Which Any Citizen Wishing to Address the City Council
Regarding Any Non -Agenda Matter May Speak for a Period of Five (5) Minutes.
(a) Text of Proposed Amendments. The City Council of the City of Edgewater,
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-1" (with additions underlined and deletions
stricken) attached hereto and by this reference made a part hereof.
(b) Ballot Question. 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 ofthose qualified
City of Edgewater electors voting on the proposed amendment at the general municipal election on
November 7, 2006.
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
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
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2006-0-32
(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.
SECTION 7. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
SECTIONS. Adoption. After Motion for approval by Councilwoman Rhodes and Second
by Councilwoman Lichter, the vote on the first mading/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
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zao6-a32 3
3
After Motion for approval b}Councilwoman Rhodapd Second by Councilwoman Licht
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
PASSED AND DULY ADOPTED this I Ith 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 & Lardney LLP
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2006.0-32
4
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By.
D
ike'Thomas
ayor
n I�
Robin L. Matusick
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_E_.
EXHIBIT "A-1"
TO ORDINANCE NO.2006-0-32
Text of Proposed Amendment
Article III, Section 3.11(b)
(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 one Period for "Citizen Comments"
(not to include agenda items) at the beginning of the meeting md diteefly priv, to adjoartunent of
the meeting at any time during the meeting as may be determined by the council, during which any
citizen wishing to address the city council regarding any non -agenda matter may speak for a Period
of five (5) minutes, and council shall include an opportunity for citizen comments relating to an
agenda matter at the time the matter is before council. The city council shall provide for the keeping
of ajoumal of its proceedings. This journal shall be a public record.
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20060-32
EXHIBIT "A-2"
TO ORDINANCE NO.2006-0-32
Ballot Title: CHARTER AMENDMENT TO PROVIDE ONE PERIOD FOR "CITIZEN
COMMENTS"
Ballot Ouestion•
BALLOT QUESTION
CHARTER AMENDMENT AMENDING SECTION 3.11(b) TO PROVIDE
THAT CITY COUNCIL MEETINGS SHALL INCLUDE ONE PERIOD FOR
"CITIZEN COMMENTS" AT SUCH TIME AS MAY BE DETERMINED BY
THE CITY COUNCIL, DURING WHICH CITIZENS WISHING TO
ADDRESS THE COUNCIL REGARDING NON -AGENDA MATTERS MAY
SPEAK FOR A PERIOD OF FIVE (5) MINUTES, IN LIEU OF TWO
PERIODS AT THE BEGINNING AND AT THE END OF THE MEETING, AS
CURRENTLY PROVIDED IN THE CHARTER.
Shall the above -described amendment be adopted?
Yes
lm
Text of Proposed Amendment:
Article III, Section 3.11(b)
(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 one Period for "Citizen Comments"
(not to include agenda items)
themeetingat anv time during the meeting as may be determined by the council during which anv
citizen wishing to address the city council regarding any non -agenda matter may sneak for a period
of five (5) minutes, and council shall include an opportunity for citizen comments relating to an
agenda matter at the time the matter is before council. The city council shall provide for the keeping
of ajoumal of its proceedings. This journal shall be a public record.
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2006-0-32