2004-O-25
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ORDINANCE NO. 2004-0-25
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; PROVIDING FOR THE SUBMITTAL OF
CHARTER AMENDMENTS TO THE ELECTORS OF THE
CITY OF EDGEW ATER AT THE GENERAL ELECTION TO
BE HELD ON NOVEMBER 2, 2004; PROVIDING FOR AN
AMENDMENT TO ARTICLE III (CITY COUNCIL), SECTION
3.04 (ELECTIONS AND TERMS; TERM LIMITS) OF THE
CHARTER TO CORRECT A SCRIVENER'S ERROR AND TO
REMOVE TERM LIMITS FOR ALL COUNCIL MEMBERS;
PROVIDING FOR AN AMENDMENT TO SECTION 3.06
(MAYOR) OF THE CHARTER TO ESTABLISH THE
APPOINTMENT OF VICE MAYOR TO OCCUR ON A ONE
(1) YEAR ROTATION; PROVIDING FORAN AMENDMENT
TO SECTION 3.08 (PROHIBITIONS) OF THE CHARTER TO
ALLOW A REFERENDUM IN A GENERAL OR SPECIAL
ELECTION; PROVIDING FOR AN AMENDMENT TO
ARTICLE IV (ADMINISTRATION), SECTION 4.04
(CREATION OF DEPARTMENTS) THAT SHALL INCLUDE
ONE OR MORE DEPARTMENTS RELATING TO PUBLIC
SAFETY SERVICES; PROVIDING FOR AN AMENDMENT
TO ARTICLE IV (ADMINISTRATION), SECTION 4.11
(RESIDENCY REQUIREMENTS FOR CERTAIN
EMPLOYEES) OF THE CHARTER TO INCLUDE THE CITY
MANAGER, CITY ATTORNEY, CITY CLERK, AND ALL
DEPARTMENT HEADS IN CHARGE OF PUBLIC SAFETY
SERVICES; AUTHORIZING CONFORMANCE OF THE
AMENDMENTS INTO THE CHARTER UPON APPROVAL;
PROVIDING FOR AND CALLING A REFERENDUM FOR
APPROVAL OR REJECTION OF THE PROPOSED
AMENDMENTS BY THE QUALIFIED ELECTORS
RESIDING WITHIN THE CITY; PROVIDING FOR AND
AUTHORIZING FURTHER ACTS TO IMPLEMENT THIS
ORDINANCE; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, pursuant to the provisions of Article VI of the Charter of the City of Edge water
(the "Charter"), the City Council of the City of Edgewater (the "Council") appointed a Charter
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Review Commission to review the Charter and make recommendations to the City Council
regarding proposed changes thereto; and
WHEREAS, the Charter Review Committee held eleven (11) meetings to discuss the
Charter and proposed changes thereto and to receive public input with respect to proposed changes
to the Charter; and
WHEREAS, pursuant to the provisions Section 6.07 of the Charter, the Charter Review
Committee prepared and presented to the City Council a report setting forth certain recommended
amendments and revisions to the Charter (the "Report"); and
WHEREAS, the Report was considered by the City Council at an advertised public hearing
held on June 21, 2004; and
WHEREAS, after due consideration of the Report and the receipt of public input with
respect thereto, the City Council accepted the recommendations of the Charter Review Committee
as set forth in the Report and included an additional recommendation submitted by the Council; and
WHEREAS, at the City Council meeting of June 21, 2004, the City Council directed that
the proposed amendments to the Charter which were accepted by the City Council be scheduled for
consideration by the electors of the City of Edgewater at the time of the November, 2004 general
election; and
WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a
municipality may, by ordinance, submit to the electors of said municipality a proposed amendment
to its charter which amendment may be to any part or to all of its charter except that part describing
the boundaries of such municipality; and
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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 to the electors of the City at the next general
municipal election to be held in November, 2004, all in accordance with Section 166.031, Florida
Statutes.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida:
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, and Chapter 166, Florida Statutes.
SECTION 2. Proposed Amendment to Charter Section 3.04 (Elections and Terms:
Term limits) to correct a scrivener's error in Section 3.04(a) and remove
term limits in Section 3.04(b ).
(a) Text of Proposed Amendment. The City Council ofthe 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-l II attached hereto and by this reference made a part
hereof.
(b) Ballot Ouestion. The ballot title and wording 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 Amendment. The proposed amendment set forth in
Subsection (a) above shall take effect on December 1 , 2005, but only if approved by a majority of
those qualified City of Edge water electors voting on the proposed amendment at the general election
in November, 2004.
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SECTION 3. Proposed Amendment to Charter Section 3.06 to modify the
appointment of vice mayor.
(a) Text of Proposed Amendment. 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 "B-1" attached hereto and by this reference made a part
hereof.
(b) Ballot Ouestion. The ballot title and wording 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 "B-2" attached hereto and by this reference made a part hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set forth in
Subsection (a) above shall take effect on December 1, 2005, but only if approved by a majority of
those qualified City of Edge water electors voting on the proposed amendment at the general election
in November, 2004.
SECTION 4. Proposed Amendment to Charter Section 3.08( d) to allow a special
election for approval of borrowing.
(a) Text of Proposed Amendment. 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 "C-1 " attached hereto and by this reference made a part
hereof.
(b) Ballot Ouestion. The ballot title and wording 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 "C-2" attached hereto and by this reference made a part hereof.
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(c) Effective Date of Proposed Amendment. The proposed amendment set forth in
Subsection (a) above shall take effect on December 1,2004, but only if approved by a majority of
those qualified City of Edge water electors voting on the proposed amendment at the general election
in November, 2004.
SECTION 5. Proposed Amendment to Charter Section 4.04 to include one or more
departments relating to public safety services.
(a) Text of Proposed Amendment. 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 "D-l II attached hereto and by this reference made a part
hereof.
(b) Ballot Ouestion. The ballot title and wording 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 "D-2 II attached hereto and by this reference made a part hereof.
( c) Effective Date of Proposed Amendment. The proposed amendment set forth in
Subsection (a) above shall take effect on December 1,2004, but only if approved by a majority of
those qualified City of Edge water electors voting on the proposed amendment at the general election
in November, 2004.
SECTION 6. Proposed Amendment to Charter Section 4.11 to limit the city employees
that are required to reside within the corporate limits of the city.
(a) Text of Proposed Amendment. The City Council ofthe 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 "E-l II attached hereto and by this reference made a part
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hereof.
(b) Ballot Ouestion. The ballot title and wording 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 "E-2" attached hereto and by this reference made a part hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set forth in
Subsection (a) above shall take effect on December 1,2004, but only if approved by a majority of
those qualified City of Edge water electors voting on the proposed amendment at the general election
in November, 2004.
SECTION 7. Submission to Electorate. The proposed amendments to the Charter, as
contained in Sections 2, 3, 4,5 and 6 of this Ordinance, shall be placed to a vote of the electors of
the City of Edge water at the next general election to be held in November, 2004. 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 8. Authorization for Further Acts.
The City Manager and the City Attorney
of the City of Edgewater are authorized and directed:
(i) 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 ofthe City Council; and
(ii) To otherwise take all actions necessary or desirable to cause the proposed
amendments to the Charter as set forth in this Ordinance to be subject to referendum
at the general election to be held in November, 2004.
SECTION 9. 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
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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 10. Conflicting Ordinances.
All other 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 Edge water electors voting on the proposed amendment at the general election
in November, 2004.
SECTION 11. Effective Date.
This Ordinance shall become effective immediately
upon passage and adoption.
SECTION 12. Adoption.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on July 19,2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
ABSENT
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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After Motion b)Councilwoman Rhodes and Secondby Councilwoman Lichter ,the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 2nd day of August, 2004.
CITY COUNCIL OF THE
CITY OF EDGE�WATER, FLORIDA
Donald A. Schmidt
Mayor
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Paul E. Rosenthal, Esquire ,h j1W J)
City Attorney
Foley & Lardner, LLP
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Robin L. Matusiek
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of August, 2004 under Agenda ltemNo. 6 c .
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EXHIBIT "A-I"
ORDINANCE #2004-0-25
(a) Text of Proposed Amendment. Section 3.04 (Elections and terms; term limits) of
Article III (City Council) of the Charter of the City of Edgewater is amended to read as
follows:
Sec. 3.04.
(a)
(b)
Elections and terms; term limits.
Elections and terms. The first regular election of the city council under 1999
Charter Amendment shall be held on the first Tuesday after the first Monday in
November of2001. At the first election under the amended Charter, the mayor and
four (4) council members shall be elected. The terms of the mayor and council
members from districts 1 and 3 shall be four (4) years and shall expire in November
2005. The terms of council members from districts 2 and 4 shall be two (2) years
and shall expire in November 2003. A regular election shall be held on the first
Tuesday after the first Monday in November 2003, to elect council members from
districts 2 and 4 to serve a term of four (4) years expiring in November 2007.
Henceforth, regular elections of the city council shall be held on the first Tuesday
after the first Monday in November in odd numbered years so that the terms for
mayor and each council member shall be four (4) years and staggered in the same
order. Terms of office shall being [begin] begin on the first Wednesday after the
first Monday in November of the year elected.
Term limits. There shall be no term limits for any member of the council. including
the mayor. No 1l1embel of the city council, induding the mayor, shall 5GlvC mor~
~l~~n t~o (2) compkte cOllsccuti ve tellus and the pOl tiol1 of an ul1expilcd tCllll
OCCtl11111g by 1 cason of a vacall<;Y.
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EXHIBIT "A-2"
ORDINANCE #2004-0-25
(b) Ballot Ouestion:
BALLOT QUESTION #1
CHARTER AMENDMENT TO REMOVE TERM LIMITS FOR ALL COUNCIL
MEMBERS EFFECTIVE DECEMBER 1,2005.
Shall the above-described amendment be adopted?
Yes
No
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EXHIBIT "B-1"
ORDINANCE #2004-0-25
(a) Text of Proposed Amendment. Section 3.06 (Mayor) of Article III (City Council) of
the Charter of the City of Edgewater is amended to read as follows:
Sec. 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 duties of the mayor shall
be such as are conferred upon the mayor by the council. The office of vice mavor shall occur on a
one 1 ear rotation be innin on December 1 2005 with the initial council member bein from
District 1. At the first council meeting after each regular city election, the Gotmcil shall deGt one
of its nlCmbCIs as vicc mctyOl the council shall name the vice mayor in accordance with the
foregoing. The vice mayor shall act as mayor during the absence or disability of the mayor.
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EXHIBIT "B-2"
ORDINANCE #2004-0-25
b) Ballot Ouestion:
BALLOT QUESTION #2
CHARTER AMENDMENT TO ANNUALLY ROTATE THE VICE MAYOR
WITH THE INITIAL VICE MAYOR BEING FROM DISTRICT 1 BEGINNING
ON DECEMBER 1, 2005 AFTER THE REGULAR CITY ELECTION.
Shall the above-described amendment be adopted?
Yes
No
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EXHIBIT "C-1"
ORDINANCE #2004-0-25
(a) Text of Proposed Amendment. Section 3.08 (Prohibitions) of Article III (City Council)
of the Charter of the City of Edgewater is amended to read as follows:
Sec.3.08. Prohibitions.
(d) Limitations on borrowing. The City of Edgewater shall not incur additional debt
of more than 0.75% of the 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 or special election.
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2004-0-25
b) Ballot Ouestion:
EXHIBIT "C-2"
ORDINANCE #2004-0-25
BALLOT QUESTION #3
CHARTER AMENDMENT TO ALLOW FOR APPROVAL OF DEBT BY A
REFERENDUM OF THE VOTERS IN A GENERAL OR SPECIAL ELECTION.
Shall the above -described amendment be adopted?
Yes
No
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EXHIBIT "D-1"
ORDINANCE #2004-0-25
(a) Text of Proposed Amendment. Section 4.04 (Creation of Departments) of Article W
(Administration) of the Charter of the City of Edgewater is amended to read as follows:
See. 4.04. Creation of Departments.
The city council may establish city departments, which shall include one or more
departments relating to public safety services (Police Department/Fire-Rescue Services
Departmentl, 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.
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b) Ballot Ouestiou:
EXHIBIT "D-2"
ORDINANCE #2004-0-25
BALLOT QUESTION #4
CHARTER AMENDMENT TO ALLOW THE CITY COUNCIL TO ESTABLISH
CITY DEPARTMENTS WHICH SHALL INCLUDE ONE OR MORE
DEPARTMENTS RELATING TO PUBLIC SAFETY SERVICES.
Shall the above -described amendment be adopted?
Yes
No
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EXHIBIT "E-P
ORDINANCE #2004-0-25
(a) Text of Proposed Amendment. Section 4.11 (Residency requirements for certain city
employees) of Article IV (Administration) of the Charter of the City of Edgewater is
amended to read as follows:
Sec. 4.11. Residency requirements for certain city employees.
The city manager, city attorney, city clerk, and all department heads in charge of public
safety services (Police Chief/Fire Chief) shall reside within the corporate limits of the city within
six (6) months after the completion of the probationary period unless the requirement is waived by
the city council. Except as to the city manager, police chief and fire chief, the 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 circumstances(s) 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
employee hired prior to the effective date of this section
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b) Ballot Question:
EXHIBIT "E-2"
ORDINANCE #2004-0-25
BALLOT QUESTION #5
CHARTER AMENDMENT TO LIMIT THE CITY EMPLOYEES REQUIRED TO
RESIDE WITHIN THE CITY TO: CITY MANAGER, CITY ATTORNEY, CITY
CLERK, AND ALL DEPARTMENT HEADS IN CHARGE OF PUBLIC SAFETY
SERVICES.
Shall the above -described amendment be adopted?
Yes
lW
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2004-0-25 is