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80-R-177RESOLUTION NO. go- 1?-177 A RESOLUTION CALLING FOR A GENERAL ELECTION TO BE HELD IN THE CITY OF EDGEWATER, FLORIDA ON NOVEMBER 4, 1980, FOR THE PURPOSE OF ELECTING COUNCILMEN FOR ZONES 2 AND 4; PROPOSING CERTAIN QUESTIONS REGARD- ING AMENDMENTS TO SECTION 8, SECTION 13 AND SECTION 20 OF THE CHARTER LAWS OF THE CITY OF EDGEWATER, FLORIDA, SAID PROPOSED AMENDMENTS PERTAINING TO THE TERMS OF OFFICE AND MANNER OF ELECTION OF THE MAYOR AND CITY COUNCILMEN; THE MANNER OF FILLING A VACANCY ON THE CITY COUNCIL AND THE PROCEDURE FOR THE ADOPT- ION OF ALL ORDINANCES AND RESOLUTIONS BY THE CITY COUNCIL; PROVIDING FOR THE SUBMISSION OF THE PROPOSED AMENDMENTS HEREIN TO THE DULY QUALIFIED ELECTORS OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES OR RESOLUTIONS; PRO- VIDING FOR PUBLICATION OF THIS RESOLUTION AS REQUIRED BY LAW AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 135 of the Charter Laws of the City of Edgewater, Florida it is necessary for the City Council to issue a proclamation calling any primary, general or special election, stating therein where the same shall be held, and naming the different offices to be filled or questions to be decided: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the City Council of the City of Edgewater, Florida hereby proclaims that there will be a general election held in the City of Edgewater, Florida on November 4, 1980. SECTION 2. That the purpose of said election shall be to elect Councilmen for Zones 2 and 4, and for submitting the following proposed questions to the duly qualified electors of the City of Edgewater, Florida for their approval or disapproval: Question 1. Shall Section 8, paragraph 1, of the Edgewater City Charter be amended to read as follows: "There is hereby created a city council consist- ing of a mayor and four (4) councilmen who shall be electors of the city and who shall be elected and hold office in the following manner. There shall be a general city election on the first Tuesday after the first Monday in November begin- ning in 1980 and every two years thereafter for the election of a mayor and four (4) members of the city council. Each shall hold office for a term of two (2) years beginning on the last Monday in November of the year in which he was elected." Question 2. Shall Section 13, of the Edgewater City Charter be amended to read as follows: "If a vacancy occurs in the office of city council- man, the city council shall call a special elec- tion, and a special primary election if need be, within forty (40) days of the creation of the vacancy, for the election of a new councilman to fill the unexpired two (2) year term. However, if the vacancy occurs within 90 days of the general municipal election or pursuant to §99.021, Florida Statutes, then the city council shall appoint a person to fill the vacancy until the last Monday in November in that year. The person or persons being elected or appointed to fill the vacancy shall reside in the same zone in which the vacancy occurred and shall be qualified electors within the city. Should the office of mayor become vacant for any reason, then the vice -mayor shall become the mayor and succeed to the duties, powers and responsibilities of the mayor for the balance of said mayor's term of office and a new councilman shall thereupon be elected or appointed as above from the vice -mayor's zone to fill the vacancy occurring due to the vice -mayor's succession to mayor. Thereupon a new vice -mayor shall be chosen from among the city councilmen by the city council." Question 3. Shall Section 20,of the Edgewater City Charter be amended to read as follows: "Ordinances and resolutions adopted by the city council shall be in accordance with state law. However, in addition thereto, the affirmative vote of three members of the City Council shall be necessary to adopt any ordinance or resolution, and the passage of all ordinances and resolutions shall be taken by "yes" and "no" and entered upon the minutes." SECTION 3. That the election provided for herein and the amend- ments to be submitted to the electors shall be in accordance with the instructions and the directions of the Supervisor of Elections of Volusia County, Florida. SECTION 4. Notice of this referendum election shall be pub- lished in accordance with Section 100.342, Florida Statutes, 1979. SECTION 5. That the amendments contained herein shall be sub- mitted to the duly qualified electors of the City of Edgewater, Florida. SECTION 6. That if the amendments of the Charter contained herein shall be approved by a majority of qualified electors voting at the election provided for herein, the same shall become effective immediately upon filing the same with the Department of State, State of Florida. SECTION 7. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions herein be and the same are hereby repealed and rescinded. - 2 - The first reading of the Resolution was read in full and passed by a vote of the City Council of the City of Edgewater, Florida, at a Regular meeting of said Council held on the 1212 day of September 1980, and approved as provided by law. Councilman Cou��� City Cle k Approved thile7v day o...���iii September, A.D. 9i/ JR. City by: - 3