82-O-18AORDINANCE NO. 82-0-18A
BAN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA
CALLING A SPECIAL MUNICIPAL ELECTION FOR THE
CITY OF EDGEWATER, FLORIDA, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORS THEREOF A NEW HOME
RULE CHARTER FOR THE CITY OF EDGEWATER,FLORIDA,
BEING AN AMENDMENT TO ALL OF THE PRESENT CITY
CHARTER; PROVIDING FOR THE CREATION AND POWERS
OF THE MUNICIPALITY, A LEGISLATIVE BRANCH, AN
ADMINISTRATIVE BRANCH, A MERIT SYSTEM FOR PER-
SONNEL, A DISTRICTING COMMISSION, CONFLICT OF
INTEREST PROHIBITIONS, AND PROVISIONS FOR
ELECTIONS, AMENDMENTS BY PETITION AND TRANSI-
TION; FURTHER SUBMITTING TO THE ELECTORS TWO
OPTIONS FOR ELECTING A CITY COUNCIL AND MAYOR;
PROVIDING FOR A FOUR ZONE CITY COUNCIL AND MAYOR
ELECTED BY ALL ELECTORS, OR PROVIDING FOR ELEC-
TION OF FIVE ZONE CITY COUNCIL WHO SHALL SELECT
A MAYOR; FURTHER PROVIDING FOR INSTRUCTIONS TO
ELECTORS; PROVIDING THAT THE SPECIAL ELECTION
SHALL BE UNDER THE DIRECTION OF THE SUPERVISOR
OF ELECTIONS; PROVIDING FOR PUBLICATION AND
NOTICE OF ELECTION AS PROVIDED BY LAW; PROVIDING
FOR A PUBLIC HEARING AND ADVERTISEMENT OF THIS
ORDINANCE, REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
pursuant to its Home Rule Powers established a Charter Review Commis-
sion for the purpose of reviewing the present Charter which has been
made obsolete following the enactment of the Municipal Home Rule
Powers Act of 1973, and subsequent court decisions, and
WHEREAS, the Charter Review Commission has made a detailed study
of the city charter, has gathered public imput and has held a public
hearing for presenting proposed revisions, and
WHEREAS, the Charter Review Commission has unanimously recommeded
a proposed New Home Rule Charter and two options which it recommends
be submitted to the electors of the City of Edgewater, and
WHEREAS, the City Council desires to submit the proposed re-
vision and options to the electors of the City of Edgewater to deter-
mine whether the proposed revision and options should be adopted by
the people of the City of Edgewater, and
WHEREAS, the Commission has determined that the electors should
decide which of two options should be used for the election of
the Mayor and City Council, which requires special procedures and
instructions, and
WHEREAS, this procedure is consistent with Fla. Stat. S 166.031,
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER,
FLORIDA:
SECTION 1. That the City Council of the City of Edgewater,
Florida, hereby proclaims that there shall be a special municipal
election held in the City of Edgewater, Florida, on July 13, 1982,
for the purpose of proposing questions to the duly qualified electors
of the City of Edgewater, Florida, for their approval or rejection.
SECTION 2. That the following questions shall be presented to
the electors of the City of Edgewater, Florida for the purpose of
approving or rejecting amendments to the Charter of the City of Edge-
water, Florida, to -wit:
Qestion 1. HOME RULE CHARTER
Shall all Sections of the Charter Laws of the City
of Edgewater, Florida, except that part describing
the boundaries, be amended by the New Home Rule
Charter recommended by the Charter Review Commission
to provide for the creation and powers of the muni-
cipality, a Legislative Branch, an Administrative
Branch, a Merit System for personnel, a district-
ing commission, conflict of interest prohibitions,
and provisions for elections, amendment by petition
and transition?
YES - For approval
NO - Against approval
Question 2. OPTIONS FOR MAYOR AND COUNCIL
A. 5 ZONE COUNCIL WITH MAYOR
Shall the Edgewater City Charter be amended to
provide for the at -large election of five (5) City
Council members from five (5) zones, for a term of
two (2) years, who shall select a Mayor from among
its members; providing for qualifications of council
members, election in the event of vacancy and pro-
cedure for nomination and election.
YES - For approval
NO - Against approval
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B. FOUR ZONE COUNCIL AND MAYOR
Shall the Edgewater City Charter be amended to provide
for the at -large election of four (4) council members
from four (4) zones and a mayor for a term of two years,
providing for qualification of council members, elections
in the event of vacancy and procedure for nomination
and election.
YES - For approval
NO - Against approval
SECTION 3. That the specific language of the proposed New Home
Rule Charter, together with Options A and B shall be set forth and
attached as "Exhibit A", hereto, and incorporated by reference herein,
as if set forth in extenso.
SECTION 4. That the election provided for herein and the amendments
to be submitted to the electors shall be in accordance with the in-
structions and directions of the Supervisor of Elections of Volusia
County, Florida.
SECTION 5. That "Exhibit A" shall be published in full in a
newspaper of general circulation within the community, and shall be
posed in conspicuous places throughout the City of Edgewater.
SECTION 6. That the amendments contained herein shall be sub-
mitted to the duly qualified electors of the City of Edgewater,
Florida for the purpose of amending the City Charter in accordance
with law.
SECTION 7. That if the amendments of the Charter herein shall be
approved by a majority of the qualified voters voting at the election
as provided for herein, the same shall become effective immediately
upon filing the same with the Dept. of State, State of Florida.
SECTION B. That this Ordinance shall be published as provided
by law.
SECTION 9. That the notice of special election shall be publish-
ed in accordance with Section 100.342, Fla. Stat.
SECTION 10. That all ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith be and same
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are hereby repealed.
SECTION 11. That this ordinance shall take effect immediately
upon its adoption by the City Council, and authentication as provided
by law.
The first reading of said Ordinance is read in full and passed
by vote of the City Council of the City of Edgewater, Florida, at a
regular meeting of said Council held on the Way of 71km,
1982, and approved as provided by law.
The second reading of said ordinance to be at a Special meeting
of the City Council to be held on the 31st day of May, 1982, at 7:00
p.m.
Roll call vote being as follows:
C
O
The vote on the above and foregoing ordinance No.'A) —0— 12 P
following first Reading thereof was as
Th roll call vote on second reading of the Ordinance, following
e
a duly advertised public hearing was as follos:
MAYOR Robert ris
�Z014E ONE COUNCILMAN
Tacob Lodico
ZONE TWO COUNCILMAN
David Ledbetter
«:N MAI
ZONE THREE COUNCILMAN
Wilbert Pendleton
\ZOP FOUR/COUNCILMAN
kon Wilbur
ATTEST:
CITY CLE a p�
A ticated this ./ day of
MAYOR
Approved for legality and form:
S " 1
Wm. Clay Henderson
CITY ATTORNEY
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CITY OF EDGEWATER
HOME RULE CHARTER
We, the citizens of the City of Edgewater, seeking to promote self
government by availing ourselves of all home rule powers deriving from the
Constitution and the laws of the State of Florida, to provide essential services,
preserve our quality of ,life, and determine our form of government, do proclaim
and ordai❑ this Rome Rule Charter for the City of Edgewater, Florida.
ARTICLE I CREATION AND POWERS
SECTION 1. "City of Edgewater". The territory and inhabitants of the City of
Edgewater, Florida, as its limits are hereinafter established, shall constitute
and be a body .politic and corporate and be known and designated as the "City
of Edgewater", and as such shall have perpetual succession.
SECTION 2. Municipal Powers. The City of Edgewater 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, or as
limited by this Charter.
ARTICLE II - BOUNDARIES
The boundaries and corporate limits of the City of Edgewater, Florida,
existing at the time of adoption of this Charter are incorporated by reference
and may be amended from time to time as provided by law.
ARTICLE III —LEGISLATIVE
SECTION 1. City Council
See Option A or B.
SECTION 2. Powers. All powers of the City, except as are otherwise provided in
this Charter or by the Constitution of the state, are hereby vested in the City
Council and, except as otherwise provided by this Charter, or by the Constitution
of the state, the City Council may by ordinance or resolution provide the manner
in which any power of the City shall be exercised.
SECTION 3. Compensation and Expenses. The Council may determine the annual
salary of Council members by ordinance, provided, however, that increasing such
salary shall not be valid unless adopted at least six (6) months prior to the
next regular election. The effective date of any ordinance by which Council
members' salaries are increased shall be the date of commencement of the terms
of Council members elected at the regular election following the enactment of
such ordinance.
SECTION 4. Qualifications.
a. See Option A or B.
b. Members of the City Council shall have been residents of the City for
one year immediately prior to making application for election,
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shall have the qualifications of electors, and must reside within the
voting zone from which he or she is seeking to be elected, (except
that the Mayor shall have the qualifications of an elector and shall
reside within the City limits.*)
c. The Council shall be the judge of the election and the qualifica-
tions of its own members, subject to review by the courts. Any
member of the City Council who shall be convicted of a crime while
in office shall thereby forfeit his office.
SECTION 5. Conflict of Interest. Standards of conduct for officers and
employees of the City shall be governed by applicable federal, state law
or county charter, however, in addition thereto, any public officer voting
in his official capacity upon any measure in which he has a personal, private
or professional interest and which inures to a special private gain or the
special gain of any principal by whom he is retained shall announce the
nature of his interest immediately prior to the vote on such subject.
SECTION 6. vacancies.
a. The office of a Council member shall become vacant upon his death,
resignation, removal from office in any manner authorized by law or
forfeiture of his office, such forfeiture to be declared by the
remaining members of the Council.
b. Any member of the City Council who shall cease to possess any of
the qualifications required under the preceding sections shall forth-
with forfeit his office. Absence from three (3) consecutive regular
meetings of the City Council shall operate to vacate the seat of a
member unless a leave of absence is first granted by the City Council
or such absence is excused by the City Council by resolution setting
forth the facts of such excuse, duly entered in the minutes.
c. See Option A or B.
d. In the event that all members of the Council are removed by death,
disability, law or forfeiture of office the governor shall appoint
an interim Council that shall call a special election as provided in
'c' above. Such election shall be held in the same manner as the
first election under this charter.
SECTION 7. Mayor. The mayor shall preside at all meetings of the City Council
and perform such other duties consistent with his office as may be imposed by
Home Rule Charter
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it, but shall have no administrative duties; and, shall have a voice and vote
in the proceedings of the City Council, but no veto power. The mayor may
use the title of mayor in any case in which legal instruments of writing or
other necessity arising from the general laws of the state shall require. The
mayor shall be recognized as the official head of the City by the courts for
the purpose of serving civil processes; by the government in the exercise of
military law and for all ceremonial purposes. Under the direction of the
City Council, the mayor may take command of the police and govern the City
by proclamation during time of grave public danger or emergency, but the
City Council shall be the judge of what constitutes such public danger or
emergency. The powers and duties of the mayor shall be such as are conferred
upon him by the City Council in pursuance of the provisions of this charter
and no other.
SECTION S. Vice -Mayor and Acting Mayor. There shall be a vice -mayor and an
acting mayor who shall be selected by the City Council from its members at
the first regular meeting of the City Council following a general election.
In the absence of the mayor, the vice -mayor shall perform the duties of mayor.
In the absence of both the mayor and vice -mayor, the acting mayor shall
perform the duties of mayor during such absence. Absence shall be defined
as not physically present, refusal or inability to act.
SECTION 9. Procedure.
a. Meetings. The Council shall meet regularly at least once in every
month at such times and places as the Council may prescribe by rule.
Special meetings may be held on the call of the mayor or as other-
wise provided by ordinance, and except for emergency meetings,
upon no less than twenty-four (24) hours notice to each member and
the public.
b. Rules. The Council shall determine its own rules and order of busi-
ness; provided, however, that same shall require the presiding officer
to preserve order and dignity of Council meetings and to balance
this need with the requirements of public input, consistent with
such rules.
c. Quorum and Voting. Ordinances and resolutions adopted by the City
Council shall be in accordance with state law. However, in addition
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thereto, the affirmative vote of three (3) 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"
or "no" and entered upon the minutes.
d. Legislative Procedure. voting on ordinances and resolutions shall
be by roll call on final action and shall be recorded in the journal.
A majority of the 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 ordinance.
e. Enacting Clause. The enacting clause of all ordinances shall be:
"Be it enacted by the people of the City of Edgewater, Florida".
f. Emergency Ordinances. To meet a public emergency affecting life,
health, property or the public peace, the Council may adopt one (1) or
more emergency ordinances, but such ordinances may not levy taxes,
grant, renew or extend a franchise, set service or user charges
for any municipal services, or authorize the borrowing of money except
as provided under the emergency appropriations provisions of the
charter if applicable.
1. Form. An emergency ordinance shall be introduced in the form
and manner prescribed for ordinances generally, except that it
shall be plainly defined in a preamble as an emergency ordi-
nance and shall contain, after the enacting clause, a declaration
stating that an emergency exists and describing the emergency
and specific terms.
2. Procedure. An emergency ordinance may be adopted with or with-
out amendment or rejected at the meeting at which it is intro-
duced, but the affirmative vote of at least two-thirds (2/3)
of all the Council shall be required for adoption. After its
adoption the ordinance shall be published and printed as pre-
scribed for other adopted ordinances.
3. Effective Date. Emergency ordinances shall become effective
upon adoption or at such other date as may be specified
in the ordinance.
Home Rule Charter
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4. Repeal. Every emergency ordinance, except emergency appropria-
tions, shall automatically stand repealed as of the sixty-first
(61st) day following the date on which it was adopted, but'. -.this
shall not prevent re-enactment of the ordinance under regular
procedures, or if the emergency still exists, in the manner
specified in this section. An emergency ordinance may also be
repealed by adoption of a repealing ordinance in the same manner
specified in this section for adoption of emergency ordinances.
5. Emergency Appropriations. The Council may make emergency appro-
priations in the manner provided in this section. To the extent
that there are no available unappropriated revenues to meet
such appropriations, the Council may by such emergency ordinance
authorize the issuance of emergency notes, which may be renewed
from time to time, but the emergency notes and renewals of any
fiscal year shall be paid not later than the last day of the
fiscal year succeeding that in which the emergency appropriation
was made.
ARTICLE IV - ADMINISTRATIVE
SECTION 1, City Manager. There shall be a City Manager who shall be the
chief administrative officer of the City. The Manager shall be responsible to
the Council for the administration of all City affairs placed in his or her
charge by or under this charter.
a. Appointment. The Council shall appoint a City Manager based upon
education and experience for a fixed term by a majority vote of all
the Council members.
b. Removal. The Council shall remove the Manager only by a majority
vote of all the Council members following a public hearing.
C. Vacancy. In the event of the death, disability, resignation, or
removal of the City Manager, the City Council shall appoint an
interim City Manager within three (3) days, and shall appoint a new
City Manager within one hundred twenty (120> days of the vacancy.
d. Compensation. The compensation of the Manager shall be fixed by
the Council and shall not be reduced during his tenure.
SECTION 2. Powers and Duties of the City Manager. The City Manager shall:
a. Direct and supervise the administration of all departments, and
Home Rule Charter
Page 5
offices and agencies of the City, except as otherwise provided by
this charter or by law; laf'�
b. Attend all Council meetings and have the right to take part in
discussions but may not vote;
c. See that all laws, provisions of this charter and acts of the Council,
subject to enforcement by him or by officers subject to his direction
and supervision, are faithfully executed;
d. Prepare, submit, and administer the annual budget, budget message, and
capital program to the Council in a form provided by ordinance;
e. Submit to the Council and make available to the public a complete
report on the finances and administrative activities of the City as
of the end of each fiscal year;
f. Make such other reports as the Council may require concerning the
operations of city departments, offices and agencies subject to his
direction and supervision;
g. Keep the Council fully advised on a continuing basis as to the
financial condition and future needs of the City and make such recom-
mendations to the Council concerning the affairs of the City as are
deemed desirable;
h. Sign contracts on behalf of the City pursuant to the provisions of
appropriations ordinances;
i. Appoint, and, when deemed necessary for the good of the City, suspend
or remove any City employees and appointive administrative officers
provided for by or under this charter. The manager may authorize
any administrative officer who is subject to his or her direction
and supervision to exercise these powers with respect to subordinates
in that officer's department, office or agency;
j. Perform such other duties as are specified in this charter or as
may be required by the Council.
SECTION 3. City Attorney. The City Council shall appoint a City Attorney,
upon such terms as may be agreed upon at the time of the appointment, who
shall act as the legal advisor to, and attorney and counselor for the munici-
pality and all of its officers in matters relating to their official duties.
SECTION 4. City Clerk. There shall be a City Clerk who shall be appointed
by the City Manager subject to approval by the City Council. The clerk shall
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give notice of Council meetings to its members and the public and shall
keep the journal of its proceedings which shall be a public record. In
addition, the City Clerk shall be the official custodian of public records,
elections clerk, and shall have such other responsibilities as provided by
general law and by ordinance.
SECTION 5. Police Chief. There shall be a Chief of Police who shall be
appointed by the City Manager subject to approval by the City Council. The
Chief shall be responsible for the administration of the Police Department.
The Chief of Police shall attend all meetings of the City Council and aid
in the enforcement of order, and in addition shall have such other responsi-
bilities as are imposed upon the position by state law and as otherwise
provided by ordinance. 1^d`�(.K17
SECTION 6. Fire Force; Duties. There shall be a fire force within the
City. The fire force of the City shall consist of a chief and as many sub-
ordinate officers, firemen, and employees as the City Council shall, by
resolution, determine. The fire chief shall have exclusive control of the
stationing and transfer of all firemen and other officers and employees of
the fire force subject to such rules and regulations as may be .prescribed by
the City Council or by ordinances of the City; he shall have exclusive manage-
ment and control of such officers and employees as may be employed in the
administration of the affairs of his force.
SECTION 7. Emergency Rescue Force. There shall be an Emergency Rescue
Force within the City. The force shall consist of a president of said
organization, and as many subordinate officers and personnel as the City
Council shall, by resolution, determine. The president shall have exclusive
control of the stationing and transfer of all officers and personnel of the
force subject to such rules and regulations as may be prescribed by the City
Council or by ordinance of the City or by the by-laws of said organization
as ratified by the City Council.
SECTION 8. Expenditures. when an expenditure, other than the compensation
of persons employed by the City, exceeds one thousand dollars ($1,000.00)
such expenditure shall be first authorized and directed by the City Council.
No contract involving an expenditure in excess of such sums shall be made
or awarded except upon the approval of the City Council.
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ARTICLE V - PERSONNEL
SECTION 1. Merit Board. The City of Edgewater shall have a Merit Board,
consisting of five (5) members, four (4) of whom shall be appointed by the
City Council from the electorate of the City and the fifth member shall be
nominated and appointed by the employees of the City. No elected official of
the City while in office, shall be eligible for membership on the Merit Board.
The term of appointment for the fifth member of the Merit Board shall be for one
(1) year, and term of appointment for the other four members shall be for
three (3) years and shall be staggered.
SECTION 2. Merit Ordinance. The City Council shall establish by ordinance
the duties and functions of the Merit Board, which shall include but not
necessarily be limited to classification, qualifications of employees,
grievance procedures, rights of appeal for disciplinary action. The decisions
and recommendations of the Merit Board shall be final unless reversed by no
less than a four -fifths vote of the entire City Council.
SECTION 3. Non-discrimination. The establishing ordinance shall further
state that no person in the employ of the City, nor any person seeking employ-
ment with the City, shall be appointed, promoted, reduced, removed or in any
way favored, or discriminated against for reason of politics, religion, race
or sex.
SECTION 4. Anti -Nepotism. No City Council member, City Attorney, City
Manager, department head or supervisor, or employee of the City shall directly
supervise any other individual employee who is a relative, within the defini-
tion provided by state law.
ARTICLE VI - ELECTIONS
SECTION 1. Council Zones.
a. See Option A or B.
b. Districting Commission. By the first (1st) day of the month following
official certification of the decennial census to the state, the City
Council shall appoint ten (10) city electors, determined from the
registration for the last statewide general election, who shall
comprise the districting commission. Electors chosen shall not be
employed by the City in any other capacity.
C. Report; Specifications. Within one -hundred twenty (120) days of
appointment, the districting commission shall file with the official
Home Rule Charter
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designated by the Council, a report containing a recommended plan for
adjustment of the Council zone boundaries to comply with these speci-
fications:
1. Each zone shall be formed of compact, contiguous territory, and
its boundary lines shall follow the center lines of streets,
railroad tracks, canals, waterways, or other natural boundaries.
2. The zones shall be based upon the principle of equal and effec-
tive representation as required by the United States Constitution
and as represented in the mathematical preciseness reached in
the legislative apportionment of the state.
3. The report shall include a map and description of the zones
recommended and shall be drafted as a proposed ordinance. once
filed with the designated official the report shall be treated
as an ordinance introduced by a Council member.
d. Support. It shall be the responsibility of the City Manager to
provide staff assistance and technical data to the districting
commission.
e. Procedure. The procedure for the Council's consideration of the
report shall be the same as for other ordinances, provided that if
a summary of the ordinance is published pursuant to this charter
and general law, it must include both the map and a description of
the recommended zones.
f. Failure to Enact Ordinance. The Council shall adopt a redistricting
ordinance at least ninety (90) days before the next regular City
election. If the Council fails to do so by such date, the report
of the districting commission shall go into effect and have the force
and effect of a duly enacted ordinance.
g. Effect of Enactment. The new Council zones and boundaries as of date
of enactment shall supersede previous Council zones and boundaries
for all the purposes of the next regular City election, including
qualification. The new zones and boundaries shall supersede previous
zones and boundaries for all other purposes as of the date on which
all Council members elected subsequent to the date the new zones
went into effect take office.
SECTION 2. Non -partisan Election. All qualifications and elections for the
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office of City Council (or Mayor*) shall be conducted on a non -partisan
basis without regard for or designation of political party affiliation of any
nominee or any nomination petition or ballot.
SECTION 3. Arrangements of Elections. The City Council shall make all nec-
essary arrangements for holding all City elections, and shall declare the
result thereof. Inspectors and clerks of elections shall be appointed by
the City Council, except that if the City Council shall fail to appoint them
at least twenty (20) days before the date of any election, the Mayor may
appoint them. The City Council shall issue a resolution calling any primary,
general or special election, except as herein otherwise provided, stating
therein where the same shall be held, and naming the different offices to be
filled or questions to be decided and shall cause the same to be published
according to law.
SECTION 4. Canvass of Returns - Certificate of Election. The result of the
voting at each polling place, when ascertained, shall be certified by return
in duplicate, signed by the clerk and a majority of the inspectors of election.
One copy being delivered by such clerk and inspectors to the mayor and the
other to the City Clerk, both of whom shall transmit such returns to the City
Council at a meeting to be held at 4:00 Pad on the day following the election.
At such meeting, the City Council shall canvass the returns and the result as
shown by such returns shall be declared to be the result of the election.
The City Clerk shall, not later than noon of the second day after the election,
furnish a certificate of elections to each person shown to have been elected.
SECTION 5. Nomination of Candidates - Petitions for Place on Ballot.
Candidates for the office of City Council member shall be nominated only by
petition. The name of any qualified elector of the City shall be printed
upon the ballot to be used at each regular or primary municipal election as
a candidate for the office of City Council member - if there is filed with
the City Clerk a petition in accordance with the following provision to wit:
a. Such petition shall state the name of each person whose name is
presented for a place upon the ballot and that he or she is a
candidate for the office of City Council member.
b. Such petitions shall be signed by at least one hundred (100) duly
registered, qualified electors of the City.
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c. Each elector signing a petition shall add to his or her signature
the date of signing. All signatures shall be made with ink or
indelible pencil.
d. The signature of all petitioners need not be appended to one (1)
paper, but to each separate paper there shall be attached an affi-
davit of the circulaY thereof, stating the number of signers thereto,
that each person signed in his or her presence on the date mentioned,
and that the signature is that of the person whose name it purports
to be.
e. Such petition shall not be signed by any elector more than sixty (60)
days previous to the day of such regular municipal election, and
such petition shall be filed with the City Clerk not less than forty
(40) days previous to the day of such regular election.
SECTION 6. Acceptance of Candidate. Any person whose name has been submitted
for candidacy by such. petition shall file an acceptance of such candidacy to-
gether with an affidavit to the effect that he or she is qualified to vote at
such election, with the City Clerk not later than fifteen (15) days prior to
such regular or primary municipal election; otherwise the name of said can-
didate shall not. appear upon the ballot.
SECTION 7. Nomination and Election - Procedure in Tie Vote.
See Option A or B.
SECTION 8. Nomination and Election - Primary Elections. Where a candidate
receives more than fifty (50) percent of the votes at the primary election,
that candidate shall not then be required to run in the general election
against the candidate receiving the second largest number of votes in the
primary election. The name of the candidate receiving more than fifty (50)
percent of the votes at the primary election shall be the only name placed
on the ballot for the general election for election to the office for which
said candidate received more than fifty (50) percent of the vote in the primary
election.
SECTION 9. General Laws to Apply to Elections. All elections shall be con-
ducted, except as otherwise specifically provided under this charter, under
the rules and conditions prescribed by law and subject to the general election
laws of the state.
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SECTION 10. Oath of Office. Every officer of the City shall, before entering
upon the duties of his office, take and subscribe to an oath or affirmation
to be filed and kept in the office of the City Clerk. Said oath shall be
in the form prescribed for state officers by the constitution of the state.
ARTICLE VII - AMENDMENT
SECTION 1. This Home Rule Charter may be amended as provided by general law.
SECTION 2. Initiation by Petition. The electors of the City may propose
amendments to this charter by petition signed by at least ten (10) percent of
the total ❑umber of qualified voters registered to vote in the last regular
City election.
a. Form and Content - All papers of a petition shall be uniform in size
and style and shall be assembled as one (1) 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 proposed charter amendment.
b. Affidavit of Circulator - Each paper of a petition shall have attached
to it when filed an affidavit executed by the circulator thereof
stating the number of signatures thereon, that he or she personally
circulated the paper, that all the signatures were affixed in his
or her presence, that he or she believes them to be the genuine sig-
natures 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 proposed charter amendment.
C. Certification of Petition - Upon certification of the petition by the
designated official, such certification to include the validity of
the names of the petition as qualified voters registered to vote in
the last regular City election, the Council shall place the proposed
amendment to a vote of the electors at the next general election or
at a special election called for such purpose. However, if the certi-
fication shows that the petition was signed by at least twenty-five
(25) percent of the electorate then there shall be a special election
held within sixty (60) days after certification.
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ARTICLE VIII- TRANSITION
SECTION 1. Continuation of Former Charter Provisions. All provisions of
Chapter 27532, Laws of Florida, (the former Charter) as amended by special
law or otherwise which are not embraced herein and which are not inconsistent
with the charter shall become ordinances of the City subject to modification
or repeal in the same manner as other ordinances of the City.
SECTION 2. Ordinances Preserved. All ordinances in effect upon the adoption
of this charter, to the extent not inconsistent with it, shall remain in
force until repealed or changed as provided herein.
SECTION 3. Rights of Officers and Employees. Nothing in this charter except
as otherwise specifically provided shall affect or impair the rights or priv-
ileges of persons who are City officers or employees at the time of adoption.
Elected officers shall continue to hold their offices and discharge the duties
thereof until their successors are elected as per Article III, Section 1.
SECTION 4. Pending Natters. All rights, claims, action, orders, contracts,
and legal or administrative proceedings involving the City shall continue
except as modified pursuant to the provisions of this charter.
SECTION 5. Repeal of Conflicting Law. All laws and parts of laws in conflict
herewith insofar as they apply to the City of Edgewater be, and the same are,
hereby repealed.
SECTION 6. Referendum. This charter shall take effect upon approval by a
majority of the electors of the City of Edgewater, voting at a special election
called for the purpose of approving this charter.
• If Option B is selected.
Approved for legality and form:
Clay Henderson
City Attorney
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Page 13
Y \I
OPTION A
Provides for five zones, five councilmen,
election of mayor for one year by council.
PROPOSED OPTION A
ARTICLE III - LEGISLATIVE
SECTION 1. City Council. There is hereby created a City Council consisting
of five (5) council members 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 beginning
in 1982, and every two (2) years thereafter for the election of five (5)
members of the City Council. Each shall hold office for a term of two (2)
years beginning at Noon on the second day following the election.
SECTION 4. Qualifications.
a. The Mayor shall be selected by a majority vote of the City Council
at the organizational meeting following the general election and
shall serve for a term of one (1) year. One (1) Council member shall
be elected as provided herein from each of five (5) voting zones,
provided further that each Council member shall be elected by the
voters at large.
SECTION 6. Vacancies.
C. If a vacancy occurs in the office of City Council member, the City
Council shall call a special election, and a special primary
election if need be, within forty (40) days of the creation of the
vacancy, for the election of a new Council member to fill the
unexpired two-year term. However, if the vacancy occurs within
ninety (90) days of the general municipal election or pursuant to
Section 99.012 Florida Statutes, then the City Council shall appoint
a qualified person to fill the vacancy until the end of the term of
that vacancy. The person 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 responsi-
bilities of the Mayor for the balance of said Mayor's term of office
and a new Council member shall thereupon be elected or appointed
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Page 14
as above from the Mayor's zone. Thereupon a new vice -mayor shall
be chosen from among the City Council members by the City Council
to complete the balance of the former vice -mayor's term.
ARTICLE VI - ELECTIONS
SECTION 1. Council Zones.
a. Number of zones. There shall be five (5) City Council zones.
SECTION 7. Nomination and Election - Procedure in Tie Vote.
In case no more than two (2) candidates qualify for any Council seat, then
that person receiving the highest number of votes shall be declared the winner
of the election. In case more than two (2) candidates qualify for any Council
seat, then there shall be a primary election held at least two (2) weeks prior
to the general City election. The two (2) candidates receiving the highest
number of votes at the primary election shall run in the ensuing general or
special election, and the candidate receiving the highest number of votes in
the said general or special election shall be declared the winner. In the
case of a tie vote at any election herein in which the persons receiving
the highest number of votes shall be tied, then there shall be a run-off
election or elections, as the case may be, to determine the winner.
OPTION B
Provides for four zones, four councilmen,
election of mayor at large for two years.
PROPOSED OPTION B
ARTICLE III - LEGISLATIVE
SECTION 1. City Council. There is hereby created a City Council consisting
of a mayor and four (4) council members who shall be electors of the City
and who shall be elected and hold office in the following manner. There
shall be a general election on the first Tuesday after the first Monday in
November beginning in 1982 and every two (2) 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 at Noon on the second day
following the election.
SECTION 4. Qualifications.
a. The Mayor shall be elected as herein provided by the voters at large.
One Council member shall be elected as herein provided from each
of the four (4) voting zones, provided further that each Council
member shall be elected by the voters at large.
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Page 15
SECTION 6. Vacancies,
C. If a vacancy occurs in the office of City Council member, the City
Council shall call a special election, and a special primary election
if need be, within forty (40) days of the creation of the vacancy,
for the election of a new Council member to fill the unexpired two-
year term. However, if the vacancy occurs within ninety (90) days
of the general municipal election or pursuant to Section 99.012
Florida Statutes, then the City Council shall appoint a qualified
person to fill the vacancy until the end of the term of that vacancy.
The person being elected or appointed to fill a vacancy shall reside
in the same zone in which the vacancy occurred and shall be a qualified
elector 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 Council member 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
Council members deaf the City Council (Ref. 1980). '--
ARTICLE VI - ELECTIONS
SECTION 1. Council Zones.
a. Number of zones. There shall be four (4) City Council zones.
SECTION 7. Nomination and Election - Procedure in Tie Vote.
In case no more than two (2) candidates qualify for the office of Mayor or
any Council seat, then that person receiving the highest number of votes
shall be declared the winner of the election. In case more than two (2)
candidates qualify for the office of Mayor or any Council seat, then there
shall be a primary election held at least two (2) weeks prior to the general
City election. The two (2) candidates receiving the highest number of votes
at the primary election shall run in the ensuing general or special election,
and the candidate receiving the highest number of votes in the said general
or special election shall be declared the winner. In the case of tie vote at
any election herein in which the persons receiving the highest number of votes
shall be tied, then there shall be a run-off election or elections, as the
case may be, to determine the winner.
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