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:

 

______________________                          

Richard V.S. Roosa, Town Attorney