12-01-1998
. ,
~,
<.)
<.)
PROPOSED
CHARTER
REVISIONS
CHANGES
ADOPTED BY THE
CHARTER REVIEW
COMMITTEE AT ITS
MEETINGS AS
NOTED IN MARGIN
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 ofthe 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 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.
(CharterReviewCommittee/Charter-Revised-December 1,1998)
Strue:k tnr6ugn passages are deleted.
Underlined passages are added.
1
"
.,
o
o
06/09/98
Section 2.02 - Limitations on Annexation
The corporate limits of the City of Edgewater may not be increased more than two hundred
fifty (250) acres in anyone (1) year unless such annexation is approved by a referendum of the
eligible voters of the city ina general election. .
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 (6)
months after official publication of the decennial census, the city council shall be ordinance adjust
the district boundaries as required to provide for four (4) districts as nearly equal in population as
possible.
06/23/98
Section 3.03 - Qualifications
(a) The mayor must be a qualified elector of the city and shall have resided within the city for
no less than one (1) year 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 and shall have resided within the
city for no less than one (1) year and shall be VvTIO 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.
(CharterReviewCommittee/Charter-Revised-December1,1998)
Strtle:k thretlgh passages are deleted.
Underlined passages are added.
2
"
, \
-,
o
o
Section 3.04 - Elections and terms
Beginning in 1997, the regular election of the city council shall be held in each odd-
numbered year on the date that would be established by the Florida Code for the second primary if
it were an even-numbered year in the manner prescribed in Article V of this Charter. The term of
office shall be for two (2) years, beginrting at the next regular council meeting after the election. .
Section 3.05 - Compensation
04/21/98
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 the 00 ordinance shall
not 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
02/17/98
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 ofthe 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.
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.
(CharterRevi ewCommi ttee/Charter- Revi sed- December I ,1998)
Stf'l:lck through passages are deleted. .
Underlined passages are added.
3
.-
.\
\i
o
u
(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, t~e 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 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
improvements in the 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.
06/16/98
11/16/98
@ Limitations on borrowing. The City of Edgewater shall not incur additional debt of more
than 0.75% of the total assessments net taxable value during any forward moving five (5)
year period unless such debt is approved by a referendum of the eligible voters of the city
in a general election.
11/16/98
W Reserves. The city is required to maintain reserves at a minimum of fifteen percent (15%)
with a maximum of twenty-five percent (25%) of the general fund.
Section 3.09 Vacancies; forfeiture of office; recall; filling of vacancies
(a) Vacancies. The office ofa 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
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,
(CharterReviewCommittee/Charter-Revised-Decemberl,1998)
Struck threugh passages are deleted.
Underlined passages are added.
4
I ~ '
>l
o
o
(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 co~cil~e~bers shail be subject to th~ municipal recall pr~~i~ions of Section
100.361, Florida Statutes.
(d) Filling a/vacancies. Except as otherwise prescribed by law, a vacancy on the city council
shall be filled as follows:
06/16/98
(1) In the case ofa vacancy in the office of mayor, ifless than six (6) months remain in
the unexpired term or until the next regular city election. the council by a vote of
three (3) or more members shall appoint a successor who is eligible for the office
under Section 3.03 ofthis charter. Such successor shall serve until the next regular
city election at which time a mayor shall be elected in the manner prescribed in
Artiele V of this Charter the vi~e mayor shall servc as mayor for the unexpired tcrm
of thc mayor and assume all dutics of the mayor. A vacancy" in the office of council
member shall thcn be created for the district from which thc 'vice mayor was elected
and shall be filled as sct forth below. Once the 'vaeancy in thc office of council
membcr is :filled, a new 'vi~e mayor shall be electcd by thc city council.
06/16/98
ill In the case of a vacancy in the office of mayor. 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
ofthe State of Florida. The person elected to fill the vacancy must be eligible for the
office of mayor under Section 3.03 of this charter and shall serve until the next
regular city election at which time a mayor shall be elected in the manner prescribed
in Article V of this Charter.
(Z!-l) 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 (3) or more members shall appoint a successor, who is eligible for the
(CharterReviewCommittee/Charter-Revised-December1,1998)
Stwek throllgh passages are deleted.
Underlined passages are added.
5
.:
o
o
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.
(~.4) In the case ofa vacancy in the office of council 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 mo.re than ninety (90) days followirig 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 ofthis charter and shall serve until the next
regular city election 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.
Section 3.11 Procedure
(a) Meetings. The city council shall meet regularly at least once a month at such times and
places are 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.
(CharterReviewCommittee/Charter-Revised-Decemberl,1998)
Stmek thr6tlgh passages are deleted.
Underlined passages are added.
6
",
','
u
o
06/06/98
(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 of the meeting and directly prior to adjournment of the meeting 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 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 (3) 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 ofthree (3) 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.
Section 3.13 - Initiative and referendum
ill
Initiative. The qualified voters ofthe city shall have the power to propose ordinances
to the council and. if the council fails to adopt an ordinance so proposed without any
change in substance. to adopt or reiect it at a city election. provided that such power
shall not extend to the budget or capital program or any ordinance relating to
appropriation of money. levy of taxes or salaries of city officers or employees.
ill
ill Referendum. The qualified voters of the city shall have power to require
reconsideration by the counci I of any adopted ordinance and. if the council fails to
repeal an ordinance so reconsidered. to approve or reiect it at a city election. provided
that such power shall not extend to the budget or capital program or any emergency
ordinance or ordinance relating to appropriation of money. levy of taxes or salaries
of city officers or employees.
D2l
Commencement of oroceedings. Any five (5) qualified voters may commence
ill
(CharterReviewCommittee/Charter-Revised-December 1,1998)
Struck through passages are deleted.
Underlined passages are added.
7
.'.
o
o
initiative referendum proceedings by filing with the city clerk or other official
desi gnated by the council an affidavit stating they will constitute the petitioners'
committee and be responsible for circulating the petition and filing it in proper form.
stating their names and addresses and specifying the address to which all notices to
the committee are to be sent. and setting out in full the proposed initiative ordinance
or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the
petitioners' committee is filed. the clerk or other official designated by the council
may. at the committee's request. issue the appropriate petition blanks to the
petitioners' committee at the committee's expense.
W Petitions.
ill Number of signatures. Initiative and referendum petitions must be signed by
qualified voters of the city equal in number to at least twenty percent (20%) of the
total number of qualified voters registered to vote at the last regular city election.
ill Form and content. All papers of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. Each signature shall be executed in
ink or indelible pencil and shall be followed by the address of the person signing.
Petitions shall contain or have attached thereto throughout their circulation the full
text of the ordinance proposed or sough to be reconsidered.
ill Affidavit of circulator. Each paper of a petition shall have attached to it when filed
an affidavit executed by the circulator thereof stating that he personally circulated the
paper. the number of signatures thereon. that all the signatures were affixed in his
presence. that he believes them to be the genuine signature of the persons whose
names they purport to be and that each signer had an opportunity before signing to
read the full text of the ordinance proposed or sought to be reconsidered.
ill Time for filing referendum vetitions. Referendum petitions must be filed within
thirty (30) days after adoption by the council of the ordinance sought to be
reconsidered.
@ Procedure for filing.
ill Certificate of clerk.: amendment. Within twenty (20) days after the initiative petition
is filed and five (5) days for a reference petition. the city clerk or other official
designated by the council shall complete a certificate as to its sufficiency. specifying.
if it is insufficient. the particulars wherein it is defective and shall promptly send a
copy of the certificate to the petitioner's committee by certified mail. return receipt
(CharterReviewCommittee/Charter-Revised-Decemberl,1998)
Struck throu);h passages are deleted.
Underlined passages are added.
8
"
,~
<.)
o
requested. Grounds for insufficiency are only those specified in subsection (c). A
petition certified insufficient for lack ofthe required number of valid signatures may
be amended once if the petitioners' committee files a notice of intention to amend it
with the clerk or other official designated by the council within two (2) days after
receiving the copy of the certificate and files a supplementary petition upon
additional papers within ten (10) days after receiving the copy of such certificate.
Such supplementary petition shall comply with the requirements of subsections (c )(2)
and (c)(3) ofsection3.13. and within five(5) da:ys after it is filed. the clerk or other
official designated by the council shall complete a certificate as to the sufficiency of
the petition as amended and promptly send a copy of such certificate to the
petitioners' committee by certified mail. return receipt requested as in the case of an
original petition. If a petition or amended petition is certified sufficient. or if a
petition or amended petition is certified insufficient and the petitioners' committee
does not elect to amend or request council review under subsection (2) of this section.
within the time required. the clerk or other official designated by the council shall
promptly present his certificate [which] shall then be a final determination as to the
sufficiency of the petition.
ill Council review. If a petition has been certified insufficient and the petitioners'
committee does not file notice of intention to amend it or if an amended petition has
been certified insufficient. the committee may. within two (2) days after receiving the
copy of such certificate. file a request that it be reviewed by the council. The council
shall review the certificate at its next meeting following the filing of such request and
approve or disapprove it. and the council's determination shall then be a final
determination as to the sufficiency of the petition.
W Referendum vetitions: susvension of effect of ordinance. When a referendum petition is filed
with the city clerk or other official designated by the council. the ordinance sought to be
reconsidered shall be suspended from taking effect. Such a suspension shall terminate when:
ill There is a final determination of insufficiency of the petition: or
ill The petitioners' committee withdraws the petition: or
ill The council repeals the ordinance: or
ill After a vote of the city on the ordinance has been certified.
ill Action on vetitions.
ill Action bv council. When an initiative or referendum petition has been finally
determined sufficient. the council shall promptly consider the proposed initiative
ordinance in the manner provided in Article III or reconsider the referred ordinance
(CharterReviewCommittee/Charter-Revised-Decemberl,1998)
Struck through passages are deleted.
Underlined passages are added.
9
'1
o
o
by voting its repeal. If the council fails to adopt a proposed initiative ordinance
without any change in substance within sixty (60) days or fails to repeal the referred
ordinance within thirty (30) days. it shall submit the proposed or referred ordinance
to the voters of the city.
ill Submission to voters. The vote ofthe city on a proposed or referred ordinance shall
be ~eld not less than thirty (30) days and not later than sixty (60) days from the date
the petition was determined sufficient. If no regular city election is to be held within
the period described in this subsection. the council shall provide for a special
election. except that the council may. in its discretion. provide for a special election
at an earlier date within the described period. Copies of the proposed or referred
ordinance shall be made available at the polls.
ill Withdrawal of oetitions. An initiative or referendum petition may be withdrawn at
any time prior to the fifteenth (lSth) day preceding the day scheduled for a vote of the
city by filing with the city clerk or other official designated by the council a request
for withdrawal signed by at least four (4) members of the petitioners' committee.
Upon the filing of such request the petition shall have no further force or effect and
all proceedings thereon shall be terminated.
(g} Results of election.
ill Initiative. If a majority of the qualified electors voting on a proposed initiative
ordinance vote in its favor. it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as ordinances
of the same kind adopted by the council. If conflicting ordinances are approved at
the same election. the one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.
. ill Referendum. If a maiority of the qualified electors voting on a referred ordinance
vote against it. it shall be considered repealed upon certification of the election
results.
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 employment and fix the level of compensation. The city manager shall be
appointed solely on the basis of executive and administrative qualifications.
(CharterReviewCommittee/Charter-Revised-Decemberl,1998)
Struek thr6ugh passages are deleted.
Underlined passages are added.
10
.:
o
o
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
ci ty except ~ othe~ise provi4~d 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;
(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 services for the city council;
(11) Sign contracts, agreements, or leases on behalf city to the extent authorized by
ordinance; and
(CharterReviewCommittee/Charter-Revised-December1,1998)
Struck through passages are deleted.
Underlined passages are added.
11
....
~
, ,
o
o
(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 desigriate a qualified
city administrative officer to exercise the powers and perform the duties of city manager during the
city man~ger's tempo~aryabsence or disability. _ The council may revoke suchdesi~ation 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 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
levelof 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
03/03/98 & 03/1 7/98
(a) All appointments and promotions of city officers and employees shall be made solely on the
basis of merit, fitness, and demonstrated ability.
(CharterReviewCommittee/Charter-Revised-December1,1998)
Struck through passages are deleted.
Underlined passages are added,
12
'\
~
<.)
o
:
(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 regulati().n~ .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.
Section 4.10 - Code of ethics
Members of the city council, all appointed officers, and all city employees shall be bound
by the requirements ofthe 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.
Section 4.11 - Resident requirements for certain city employees
06/09/98
The city manager, city attorney, city clerk, and all department heads shall reside within the
corporate limits of the city within six (6) months after the compl~tion of the probationary period
unless the requirement is waived by the city council. Except as to the city manager. the =Fhe 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. Council shall only grant waivers
under extraordinary circumstance and may impose reasonable conditions. such as. for example:
limits on the time of the waiver. 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 officer.
(CharterReviewCommittee/Charter-Revised-December 1,1998)
Strue:k tlmH:lgn passages are deleted.
Underlined passages are added.
13
..l
..
o
o
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 ofthe city, shall be an elector of the
city. .
Section 5.02 - Nonpartisan elections
All city council elections shall be conducted on a nonpartisan 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 elections laws of the State of Florida,
such notice of intention shall include the following information.
(I) The candidates name and address
(2) A declaration that the candidate is a qualified elector of the city
(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 day prior to the first primary election, but not later
than noon of the forty-sixth 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.
(CharterReviewCommittee/Charter-Revised-December 1,1998)
Strttek threttgh passages are deleted.
Underlined passages are added.
14
-,
"i'
<.)
o
(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 ~lections laws of the S'tate 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 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 ofthe 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.
11/16/98
Section 5.06 - Public Information
Dissemination of information and education of the public regarding City issues shall be
deemed a public purpose for which City funds may be expended. Principles of fairness and the Code
of Ethics shall govern the form and content of such efforts.
ARTICLE VI - TRANSITION SCHEDULE
03/17/98
Section 6.01 - Continuation of former charter provisions
All provisions of the charter of the City of Edgewater in effect immediately prior to the
(CharterReviewCommittee/Charter-Revised-December 1,1998)
Struck thr5ugh passages are deleted.
Underlined passages arc added.
15
-..
..
o
o
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 ofthis 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 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 ofthe electors voting in the special
election upon this charter.
Section 6.07 - Charter review
to approve
Every five (5) years after the adoption of this charter. the city council shall appoint a charter
review committee to review the city charter and recommend additions. deletions. or changes to the
(CharterReviewCommittee/Charter-Revised-Decemberl,1998)
StTtlek thT8t1gh passages are deleted.
Underlined passages are added.
16
~
..
,
Q
o
\
city council for its consideration.
Section 6.08 - Charter amendment
to approve
This charter may be amended in accordance with general law.
(CharterReviewCommittee/Charter-Revised-December 1,1998)
StftJe;k tlmnlgk passages are deleted.
Underlined passages are added.
17