Ken Hooper's Notes ORDINANCE#2020-0-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA ADOPTED PURSUANT TO
FLORIDA STATUTES SECTIONS 101.161 AND 166.031
SETTING FORTH PROPOSED AMENDMENTS TO THE
CITY CHARTER TO BE SUBMITTED TO THE VOTERS
OF THE CITY AT THE GENERAL ELECTION ON
NOVEMBER 3, 2020; PROVIDING FOR A BALLOT11
SUMMARY AND TITLE FOR EACH PROPOSED '9
AMENDMENT; PROVIDING FOR CONFLICTING ,C"t
PROVISIONS, SEVERABILITY AND APPLICABILITY; Dp i r4
AND PROVIDING AN EFFECTIVE DATE.
( "v r
6G� ,v
WHEREAS, the City Council created a Charter Review Commission^to review the
Charter and propose recommended changes to the City Charter;
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; 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 general election to be held November 3, 2020, all in accordance with Section
166.031,Florida Statutes.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.05 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment,to read as follows:
Sec. 3.05. -Compensation.
Council members shall receive as compensation the sum of$6,900.00 annually, payable
monthly. The mayor shall receive as compensation the sum of $8,600.00 annually, payable
monthly. A salary adjustment shall be awarded to the mayor and council members on a biannual
Stmek-tlxmugh passages are deleted.
Underlined passages are added.
#2020-R-
basis in an amount stipulated by an average of the Consumer Price Index (CPI) issued in October
of the adjustment year. The salary adjustment shall not exceed an amount of three percent
increase. The city council is authorized to adjust the annual salary for the mayor and council
members by ordinance, but the no ordinance increasing such salary shall net become effective
until the date of commencement of the terms of a these membeFs efthe eity council elected at the
next regular election, provided that such election follows the adoption of tlre-such ordinance by
at least six months. Additionally, changes to compensation shall onlv be adjusted every five �[
Years. Council persons shall receive their actual and necessary expenses incurred in the a
performance of their duties of office in accordance with city policy.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter allows for the city council to adjust the annual salaries of the
mayor and council members by ordinance with no limitation on the frequency of such adjustment
and does not provide for payment of expenses incurred in performing the duties of office. This
proposed Charter Amendment would limit adjustments to every five years and provide that
expenses incurred in performing the duties of office be paid in accordance with city policy.
COMPENSATION
Should the City Charter be amended to limit ordinances adjusting the mayor's and
council members' salaries to every five years and provide that the expenses incurred in the
performance of the duties of office be paid in accordance with city policy?
Yes. In favor of amending the Charter to limit ordinances adjusting the mayor's and
council members' salaries to every five years and provide for the payment of the
expenses incurred in the performance of the duties of office in accordance with
city policy.
No. Against amending the Charter to limit ordinances adjusting the mayor's and
council members' salaries to every five years and provide for the payment of the
expenses incurred in the performance of the duties of office in accordance with
city policy.
PART B. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.08(d) of the City Charter shall be amended, upon a vote of a majority of the
City of Edgewater electors in favor of such an amendment,to read as follows:
Sec. 3.08. Prohibitions.
(d) Limitations on borrowing. The City of Edgewater shall not incur additional debt of
more than 9,73 one percent of the net taxable value
in accordance with applicable state statutes unless such debt is approved by a referendum of the
eligible voters of the city in a general or special election.
2
Stmek thmugh passages are deleted.
Underlined passages are added.
#2020-R-
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter allows for the City to incur additional debt of.75 percent of net
taxable value during any forward moving five year period. This proposed Charter Amendment
would change the limit of additional debt to one percent and remove the five year rolling period.
SIMPLIFY BORROWING LIMITATION BY CHANGING LIMIT TO ONE PERCENT
AND REMOVING FIVE YEAR PERIOD
Should the City Charter be amended to change the limitation on borrowing to one percent
and removing the five year rolling period?
Yes. In favor of amending the Charter to change the limitation on borrowing to one
percent and remove the five year rolling period.
No. Against amending the Charter to change the limitation on borrowing to one
percent and remove the five year rolling period.
PART C. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.09(b)(1) of the City Charter shall be amended, upon a vote of a majority of the
City of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 3.09. Vacancies; forfeiture of office; recall; filling of vacancies.
(b) Forfeiture of office. A member of the city council shall forfeit that office if the
member:
(1) Is absent from three ,..... F regular council meetings wiiheut being
exetised by the ee;iineil within a twelve(12) month period; or
The form of ballot for the proposed Charter amendment shall be,as follows:
BALLOT SUMMARY
The current City Charter provides that a member of the city council forfeits his or her
office if he or she is absent from three consecutive regular council meetings without being
excused by the council. The proposed Charter amendment would mandate forfeiture of office if
a council member is absent from three regular council meetings within a twelve (12) month
period and eliminate the necessity of council excusal for any absence.
FORFEITURE OF OFFICE
Should the City Charter be amended to mandate that a council member's office is
3
St.Fuek dweag4e passages are deleted.
Underlined passages are added.
02020-e-
forfeited if he or she is absent from three regular meetings within a 12 month period and
eliminate the necessity of council excusal for any absence?
Yes. In favor of amending the Charter to mandate forfeiture of office if council
member is absent from three regular meetings within a 12 month period.
No. Against amending the Charter to mandate forfeiture of office if council member is
absent from three regular meetings within a 12 month period.
PART D. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.01 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment,to read as follows:
Sec. 4.01. Appointment and qualifications temi0opn of the city manager; suoetmajority vote
require
The city council shall, by a —_ eFify • _ _ of ks •8tal ...,.-,., a fflr.:_ the votes of four or
more members 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. The city council shall, by the .votes of four or more members,
terminate a city manager.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter provides for a simple majority vote of the city council to hire a
city manager. This proposed Charter Amendment would require a supermajority vote of the city
council to hire and terminate a city manager.
SUPERMAJORITY VOTE TO HIRE AND TERMINATE CITY MANAGER.
Should the City Charter be amended to require a supermajority vote of the city council to
hire and terminate a city manager? e Z
Yes. In favor of amending the Charter to require a upermajority a9I m0ite of the city
council to hire and terminate a city manager.
No. Against amending the Charter to require a supermajority vote of the city council
to hire and terminate a city manager.
PART E. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.02 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment,to read as follows:
4
Struck through passages are deleted.
Underlined passages are added.
N2020-R-
Sec.4.02. Powers and duties of the city manager; restriction on employing relatives.
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 city except as otherwise provided 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 sub '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 concerting 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 of city to the extent
authorized by ordinance; and
(12) Perform such other duties as are specified in this Charter or may be required
b e ct council.
(„LAN relative of the city manager shall be employed by the city. For u oses of this
ra , "relative" means an individual who is related to the city manager as father, mother,
son, aughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-
law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, L
stepmother, stepson, stepdaughter, stepbrother, stepsister,half brother, or half sister. p
Fr
The form of ballot for the proposed Charter amendment shall be, as follows: \J)\.4
L
BALLOT SUMMARY lwt
The current Charter allows for the city to employ relatives of the city manager. This
proposed Amendment would prohibit the employment of relatives of the city manager and
5
8"ek-likeugh passages are deleted.
Underlined passages are added.
N2020-R-
specify the individuals falling under the term"relatives."
PROHIBITION ON EMPLOYMENT OF RELATIVES OF THE CITY MANAGER
Should the City Charter be amended to prohibit the employment of relatives of the city
manager?
Yes. In favor of amending the Charter to prohibit the employment of relatives of the
city manager.
No. Against amending the Charter to prohibit the employment of relatives of the city
manager.
PART F. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.05 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
See.4.05. City attorney.
The city council, by the votes of four or more members, 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 d shall perform any other duties prescribed by this Charter or as may be
required by the cityncil. The city attorney shall report directly to the city council and shall
not be under the supervision and direction of the city manager. The city council shall, by the
votes of four or more members, terminate a city attorney.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter provides for a simple majority vote of the city council to hire a
city attorney. This proposed Charter Amendment would require a supermajority vote of the city
council to hire and terminate a city attorney.
SUPERMAJORITY VOTE TO HIRE AND TERMINATE CITY ATTORNEY
Should the City Charter be amended to require a supermajority vote of the city council to
hire and terminate a city attorney?
Yes. In favor of amending the Charter to require a supermajority vote of the city
council to hire and terminate a city attorney.
No. Against amending the Charter to require a supermajority vote of the city council
to hire and terminate a city attorney.
6
Stmek-fhretrgk passages are deleted.
Underlined passages are added.
H2020-R-
�d inC )Kdcd
C'e�IN�z! 'PowerL
runtW4(:l '� per
�) EH✓�
3v3
y, IL2CQof,. �( e4Gx S L
Clavnc, 1 lyl��''jx,-c nis �• L.�+Jn � ,/.✓°.�Gnzl P� lt�,�9n,/1i�0
7
Stmek dwough passages are deleted.
Underlined passages are added.
N2020-R-
PARTI- CHARTER
4 ARTICLE I. -POWERS
See. I.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.
(a) (1) In order to further protect the public health, safety, general welfare, and aesthetics,
no new building height, east of the centerline of U.S. Highway 1, shall exceed 35 feet,
nor shall any existing building, east of the centerline of U.S. Highway 1, be altered to
cause it to exceed a building height of 35 feet.
(2) The building height restrictions contained in Section 1.01(a)(1) shall not apply to
Business/Commercial, Public/Semi-Public or Industrial buildings, including, but not
Climited to, retail stores, fire and police stations, hospitals and manufacturing facilities.
The 35-foot height restriction shall apply to residential buildings such w
condominiums.
(b) Building height means the vertical distance measured from the required minimum finished
floor elevation to the highest point of the roof.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks,
fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator
hoistways,not intended for human occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit
Developments on or before the effective date of this amendment may be completed,repaired
or rebuilt to a height not to exceed the previously existing height, within the same building
Cfootprint, subject to any other applicable state, federal or local laws. The height limits are
1
not intended to restrict or otherwise adversely affect a property owner's vested rights under
constitutional, statutory or common law. If it is determined by a court of competent
jurisdiction that a landowner has vested rights, the landowner can elect to proceed with
development under the Land Development Code in effect on the date of the adoption of this
amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This section
becomes effective upon adoption. This amendment shall become effective immediately upon
approval by the electors.
Lti cowp,74cl) �r�tec�.�o i2 rr
LEAVE AS IS CHANGES SUBMITTED
Sec. 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. O
LEAVE AS IS ✓ CHANGES SUBMITTED
ARTICLE 11. -CORPORATE LIMITS
Sec.2.01.-Description of corporate limits.
The corporate limits of the 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 the adoption of
annexation and deannexation ordinances. The original of that document shall at all times he
maintained as a record of the city by the city clerk.
LEAVE AS IS ✓ CHANGES SUBMITTED
O
2
ARTICLE 11I.-CITY COUNCIL
C
Sec.3.01.-Composition.
There shall be a city council consisting of a mayor and four council members elected at
large by the qualified electors of the City. One council member shall be elected from each of four
voting districts.
LEAVE AS IS CHANGES SUBMITTED
See.3.02.-Districts.
The city council shall by ordinance apportion the city into four voting districts numbered
one through four which shall be as nearly equal in population as possible. Within six months
after official publication of the decennial census, the city council shall by ordinance adjust the
district boundaries as required to provide for four districts as nearly equal in population as
Cpossible. LL'
�0
LEAVE AS IS V CHANGES SUBMITTED
See.3.03.-Qualifi
cations.
(a) The mayor mualified elector of the city and shall have resided within the city for
not less than 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.
LEAVE AS IS ./��a� CHANGES SUBMITTED
(b) Each council member must ye a qualified elector of the city and shall have resided within
the city for not less than oX year and shall be 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
3
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. /
LEAVE AS IS CHANGES SUBMITTED
Sec.3.04-Elections and terms; term limits; transition rules.
(a) Elections and terms.
(1) The City of Edgewater hereby adopts the Volusia County election schedule for even-
numbered years as established by Florida law.
(2) Terms of office. Terms of office shall begin on the first Monday in December of the
year elected and shall be four years.
(b) Term limits. No member of the city council, including the mayor, shall serve more than
two complete consecutive terms and the portion of an unexpired term occurring by reason of
a vacancy.
(c) Canvassing board. The city hereby appoints the county canvassing board to conduct all
required canvassing activity for general elections in even-numbered years.
LEAVE AS IS V1 CHANGES SUBMITTED
Sec.3.05.-Compensation.
Council members shall receive as compensation the sum of $6,900.00 annually, payable
monthly. The mayor shall receive as compensation the sum of $8,600.00 annually, payable
monthly. A salary adjustment shall be awarded to the mayor and council members on a biannual
basis in an amount stipulated by an average of the Consumer Price Index (CPI) issued in October
of the adjustment year. The salary adjustment shall not exceed an amount of three percent
4
increase. The city council is authorized to adjust the annual salary for the mayor and council
Cmembers by ordinance, but the 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 months.
LEAVE AS IS CHANGES SUBMITTED �V1
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. At the first council meeting after
Ceach 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.
LEAVE AS IS CHANGES SUBMITTED
Sec. 3.07.-General powers and duties.
All legislative powers of the 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.
LEAVE AS IS CHANGES SUBMITTED
C
5
Sec. 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.
(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, the city council or 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 so 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
improvement in 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.
LEAVE AS IS CHANGES SUBMITTED
6
(d) Limitations on borrowing. The City of Edgewater shall not incur additional debt of more
Cthan 0.75 percent of the net taxable value during any forward moving five-year period unless
such debt is approved by a referendum�df the Bible voters of the city in a general
special election. (\�f �1" ,1
LEAVE AS IS �i'� CHANGES SUBMITTED
(e) Reserved.
(f) Reserves. The city is required to maintain reserves at a R11O1/�I° of 15 percent of all
operating funds. l �- i 5
LEAVE AS IS CHANGES SUBMITTED
Sec.3.09. -Vacancies; forfeiture of office; recall; filling of vacancies.
(a) Vacancies. The office of a 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
Cany 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 consecutive regular council meetings without being excused by
the council; or
(2) Violates any standard of conduct or code of ethics established by law for public
officials; or
(3) Lacks at any time during the tern 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; or
0
C
7
(5) Is convicted of a felony, or enters a plea of guilty or nolo contendere to a crime
punishable as a felony, even if adjudication of guilt has been withheld;or
—� (6) Is convicted of a first degree misdemeanor arising directly out of his or her official
conduct or duties or enters a plea of guilty or nolo contendere thereto, even if
adjudication of guilt has been withheld.
(c) Recall. City council members shall be subject to the municipal recall provisions of Section
100.361,Florida Statutes.
(d) Filling of vacancies. Except as otherwise prescribed by law, a vacancy on the city council
shall be filled as follows:
(1) In the case of a vacancy in the office of mayor, if less than six months remain in the
unexpired term, the council by a vote of three or more members shall appoint a
successor who is eligible for the office under Section 3.03 of this Charter. Such
successor 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.
(2) In the case of a vacancy in the office of mayor, if more than six months remain in the
unexpired tern, a special election shall be called to fill such vacancy. The special
election shall be scheduled not sooner than 60 days, nor more than 90 days following
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 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.
O
8
(3) In the case of a vacancy in the office of council member, if less than six months
remain in the unexpired term or until the next regular city election,the council by a vote
of three or more members shall appoint a successor, who is eligible for the 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 of a vacancy in the office of council member, if more than six 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 60 days, nor more than 90 days following 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
CSection 3.03 of this Charter and 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.
(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.
C,. LEAVE AS IS C14ANGES SUBMITTED
9
Sec.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 30 days prior to the hearing in a newspaper of general circulation in
the city.
LEAVE AS IS CHANGES SUBMITTED
Sec.3.11. -Procedure.
(a) Meetings. The city council shall meet regularly at least once a month at such times and
places as 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
24 hours' notice to each member and the public. Except as provided by law, all meetings
shall be open to the public.
(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" (not
to include agenda items)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 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
10
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 of three 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.
LEAVE AS IS t/ CHANGES SUBMITTED
Sec.3.12. - Ordinances and resolutions.
Ordinances and resolutions shall be adopted by the city council in accordance with general
law.
LEAVE AS IS CHANGES SUBMITTED
i�
Sea 3.13.-Initiative and referendum.
O (a) (1) Initiative. The qualified voters of the 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 reject 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.
(2) Referendum. The qualified voters of the city shall have power to require
reconsideration by the council of any adopted ordinance and, if the council fails to
repeal an ordinance so reconsidered, to approve or reject 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.
C
11
(b) Commencement of proceedings. Any five qualified voters may commence initiative
referendum proceedings by filing with the city clerk or other official designated 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.
(c) Petitions.
(1) Number of signatures. Initiative and referendum petitions must be signed by qualified
voters of the city equal in number to at least ten percent of the total number of qualified
voters registered to vote at the last regular city election.
(2) 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 sought to be reconsidered.
(3) 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
O
12
they purport to be and that each signer had an opportunity before signing to read the full
Ctext of the ordinance proposed or sought to be reconsidered.
(4) Time for filing referendum petitions. Referendum petitions must be filed within 30
days after adoption by the council of the ordinance sought to be reconsidered.
(d) Procedure for filing.
(1) Certificate ofclerk. amendment. Within 20 days after the initiative petition is filed and
five 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 requested. Grounds for
insufficiency are only those specified in subsection (c). A petition certified insufficient
Cfor lack of the 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 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) of Section 3.13, and
within five days 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
Cand the petitioners' committee does not elect to amend or request council review under
13
subsection (2) of this section within the time required, the clerk or other official rr��
designated by the council shall promptly present his certificate [which] shall then be a V
ifinal determination as to the sufficiency of the petition.
(2) 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 the sufficiency of the petition.
(e) Referendum petitions; suspension 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:
(1) There is a final determination of insufficiency of the petition; or
(2) The petitioners' committee withdraws the petition; or
(3) The council repeals the ordinance;or
(4) After a vote of the city on the ordinance has been certified.
(f) Action on petitions.
(1) Action by 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 by O
14
voting its repeal. If the council fails to adopt a proposed initiative ordinance without any
Cchange in substance within sixty (60) days or fails to repeal the referred ordinance
within 30 days, it shall submit the proposed or referred ordinance to the voters of the
city.
(2) Submission to voters. The vote of the city on a proposed or referred ordinance shall be
held not less than 30 days and not later than 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.
C (3) Withdrawal ofpetitions. An initiative or referendum petition may be withdrawn at any
time prior to the 30th 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 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 ofelection.
(1) Initiative. If a majority of the qualified electors voting on a proposed initiative
ordinance votes 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
C
15
same election,the one receiving the greatest number of affirmative votes shall prevail to
the extent of such conflict.
(2) Referendum. If a majority of the qualified electors voting on a referred ordinance votes
against it, it shall be considered repealed upon certification of the election results.
LEAVE AS IS CHANGES SUBMITTED
ARTICLE IV. -ADMINISTRATION
Sec.4.01.-Appointment and qualifications of the city manager.
�d'�
/Il
The city council shall by �mjority 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.
LEAVE AS IS CHANGES SUBMITTED
See. 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
city except as otherwise provided 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;
O
16
(2) Direct and supervise the administration of all departments, offices,and agencies of the
Ccity 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
Ccity 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 of city to the extent authorized by
ordinance; and
(12) Perform such other duties as are specified in this Charter or may be required by the
city council.
[131
LEAVE AS IS CHANGES SUBMITTED
C
17
Sec.4.03.-Acting city manager.
By memorandum submitted to the city council, the city manager shall designate a qualified
city administrative officer to exercise the powers and perform the duties of city manager during
the city manager's temporary absence or disability. The council may revoke such designation at
any time and appoint another administrative officer of the city to serve until the city manager
returns. /
LEAVE AS IS y CHANGES SUBMITTED
Sec.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
Department), 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.
LEAVE AS IS CHANGES SUBMITTED
Sec. 4.05. - City attorney.
The city council shall appoint a city attorney and establish the terns of employment and fix
the level of compensation. The city attorney most 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
O
18
attorney shall report directly to the city council and shall not be under the supervision and
Cdirection of the city manager.
LEAVE AS IS CHANGES SUBMITTED
Sec.4.06. - City clerk.
The city council shall appoint a city clerk and establish the terms of employment and fix the
level of 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.
LEAVE AS IS CHANGES SUBMITTED
C, Sec.4.07.-Personnel system.
(a) All appointments and promotions of city officers and employees shall be made solely on
the basis of merit,fitness,and demonstrated ability.
(b) Consistent with all applicable federal and state laws, the city council shall provide for the
establishment,regulation,and maintenance of a personnel system.
LEAVE AS IS CHANGES SUBMITTED
Sec.4.08.-Financial and purchasing procedures and regulations.
Consistent with all applicable federal and state laws, the city council shall establish
procedures and regulations governing the financial management of the city and the city's
purchasing system.
C LEAVE AS IS CHANGES SUBMITTED
19
Sec. 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.
Sec.4.10. -Code of ethics.
Members of the city council,all appointed officers, and all city employees shall be bound by
the requirements of the 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.
LEAVE AS IS CHANGES SUBMITTED
See. 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 months after the completion of the probationary period unless the requirement is waived by
the city council. Except as to the city manager, 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 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 employee hired prior to the effective date of this section.
LEAVE AS IS CHANGES SUBMITTED O
20
C ARTICLE V.-ELECTIONS
Sec. 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 of the city, shall be an
elector of the city.
LEAVE AS IS CHANGES SUBMITTED
Sec.5.02.-Nonpartisan elections.
All city council elections shall be conducted on a nonpartisan basis without designation of
political party affiliation.
LEAVE AS IS CHANGES SUBMITTED
Sec.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 election laws of the State of Florida,
such notice of intention shall include the following information:
(1) The candidate's 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
21
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 swom affidavit attesting to the accuracy of the information contained therein.
(c) Such notice of intention shall be filed with the city clerk at the time and dates as
established by the Florida Election Code of each even-numbered year, unless otherwise set
by adoption of a resolution of the city council. The city clerk shall post in city hall
notification of the date of the first primary election no later than 90 days prior to the date of
the first primary.
(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.
LEAVE AS IS CHANGES SUBMITTED V
Sec. 5.04.-Conduct of elections.
Except as provided in this Charter and by ordinance, all elections shall be conducted in
accordance with the election laws of the State of Florida.
LEAVE AS IS CHANGES SUBMITTED
Sec.5.05.-Regular and primary elections.
(a) Regular city election. If only two candidates qualify for the office of mayor or for the
office of council member from any one district, then the candidate receiving the highest
number of votes at the regular city election shall be declared elected.
V
22
(b) Primary election. If more than two candidates qualify for the office of mayor or for the
Coffice of council member f 7om any one 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 of the 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 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.
LEAVE AS IS CHANGES SUBMITTED
See.5.06. -Public information.
C
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.
LEAVE AS IS CHANGES SUBMITTED
ARTICLE VI.-TRANSITION SCHEDULE
See. 6.01.-Continuation of former Charter provisions.
All provisions of the Charter of the City of Edgewater in effect immediately prior to the
effective date of this Charter which me 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
Cmanner as other ordinances of the city.
23
Sec. 6.02. - Ordinances and resolutions preserved.
V
All ordinances and resolutions in effect immediately prior to the effective date of this
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.
Sec.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.
Sec. 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.
Sec.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.
O
24
Sec.6.06. -Effective date.
CThis Charter shall take effect upon approval by a majority of the electors voting in the
special election upon this Charter.
Sec. 6.07. -Charter review.
Every five 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 city council for its consideration.
LEAVE AS IS CHANGES SUBMITTED
See. 6.08. -Charter amendment.
This Charter may be amended in accordance with general law.
C
C
25