ORDINANCE No. 01-06

 

            AN ORDINANCE OF THE TOWN OF FORT MYERS BEACH  AMENDING THE CHARTER, PROVIDING AUTHORITY; AMENDMENT- ELECTIONS; AMENDMENT-TERMS OF OFFICE; SEVERABILITY; REPEALING CLAUSE AND EFFECTIVE DATE.

 

IT IS HEREBY ORDAINED BY THE TOWN OF FORT MYERS BEACH AS FOLLOWS:

 

SECTION 1.  AUTHORITY.  This Ordinance is enacted pursuant to the provisions of Chapter 95-494, Laws of Florida, Chapter 100.3605 and 166, Florida Statutes, and other applicable provisions of law.

 

SECTION 2.  AMENDMENT – ELECTIONS. The "Town of Fort Myers Beach Charter” adopted as Chapter 95-494, Laws of Florida is amended as follows:

Section 5.01  Elections.‑‑The regular election of the members of the council shall be held on the first second Tuesday after the first Monday in November March.  A primary election will be held on the Tuesday five weeks prior to the general election if more than two candidates qualify for the same office.

 

SECTION 3. AMENDMENT-TERMS OF OFFICE.  The "Town of Fort Myers Beach Charter” adopted as Chapter 95-494, Laws of Florida is amended as follows:

Section 5.03  Terms of office.‑‑The terms for all council seats, #1, #2, #3, #4, and #5, shall be for 3 4 years, except during the transition period, as outlined in section 15.02(e) of this charter. seats #1 and #2 shall initially be for a term from November, 2000 to March, 2004 and seats #3, #4, & #5 shall be for a term from: November, 2001 to March, 2006  No member of the council shall serve for more than two consecutive 3‑year full terms.  After 1 year out of office, a candidate may re-qualify for any vacant seat.

 

SECTION 4. SEVERABILITY.  If any one of the provisions of this ordinance should be held contrary to any express provision of law or contrary to the policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever beheld invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of this ordinance, and in no way affect the validity of all other provisions of this ordinance.

 

SECTION 5. REPEALING CLAUSE.  All ordinances or parts thereof in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. 

SECTION 6. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption.

            The foregoing ordinance was enacted by the Town Council upon a motion by Council Member Murphy and seconded by Council Member Rynearson and, upon being put to a vote, the result was as follows:

 

            Daniel Hughes                          aye

Garr Reynolds              aye

Ray Murphy                             absent

Terry Cain                                aye

Howard Rynearson                   aye

 

DULY PASSED AND ENACTED this 10th day of September, 2001.

 

ATTEST:                                                                     TOWN OF FORT MYERS BEACH     

 

 

By:                                                                               By:_____________________                        

   Marsha Segal-George, Town Clerk                Daniel Hughes, Mayor

 

Approved as to form by:

 

 

_______________________                          

Richard V.S. Roosa, Town Attorney