ORDINANCE No. 03-10
AN ORDINANCE OF THE TOWN OF FORT MYERS BEACH AMENDING THE CHARTER, PROVIDING AUTHORITY; AMENDMENT- ELECTIONS; AMENDMENT – MULTIPLE CANDIDATES; AMENDMENT – INITIATIVE AND REFERENDUM; 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 99.061, 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 second
Tuesday in March. If necessary A
primary a runoff election will be held on the second Tuesday in
April. Tuesday five weeks prior to the general election if more than two
candidates qualify for the same office.
The time period that candidates must qualify shall be from noon of
the 50th day prior to the second Tuesday in March to noon of the 46th
day or adjusted in a leap year.
SECTION 3. AMENDMENT – MULTIPLE CANDIDATES. The "Town of Fort Myers Beach Charter” adopted as Chapter 95-494, Laws of Florida is amended as follows:
Section 5.07 Multiple candidates.‑‑ In the event that more than two candidates qualify
for election to a single office those candidates shall participate in
the primary regular election and the candidate receiving a
majority of votes cast shall be elected. If no candidate receives a majority,
then the two candidates receiving the most votes shall participate in the general a
runoff election established in
Section 5.01. to decide the winner
for that office.
SECTION 4. AMENDMENT – INITIATIVE AND REFERENDUM. The "Town of Fort Myers Beach Charter” adopted as Chapter 95-494, Laws of Florida is amended as follows:
Section 12.01
Initiative and referendum.‑‑ At least 25 percent of the
qualified electorate of the town shall have the power to petition the council
to propose an ordinance or to require reconsideration of an adopted ordinance,
and if the council fails to adopt such ordinance so proposed, or to repeal such
adopted ordinance, without any change in substance, then the council shall
place the proposed ordinance, or the repeal of the adopted ordinance, on the
ballot at the next general municipal election.
SECTION 5. 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 6. 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 7. 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 Bill VanDuzer and seconded by Council Member Bill Thomas and, upon being put to a vote, the result was as follows:
Howard Rynearson Aye
Daniel Hughes Aye
Bill Thomas Aye
W. H. "Bill" Van Duzer Aye
Terry Cain Aye
DULY PASSED AND ENACTED this 22nd day of September, 2003.
ATTEST: TOWN OF FORT MYERS BEACH
By: By:_____________________
Marsha Segal-George, Town Clerk Daniel Hughes, Mayor
Approved as to form by:
______________________