O-2019-22 CITY OF CLERMONT
LER NT ORDINANCE NO. 2019-22
AN ORDINANCE AMENDING ARTICLE II, SECTION 6, "THE
COUNCIL" OF THE CHARTER LAWS OF THE CITY OF CLERMONT,
PROVIDING THAT NO COUNCIL MEMBER SHALL BE ELECTED FOR
MORE THAN FOUR CONSECUTIVE TWO-YEAR TERMS; PROVIDING
FOR AN EIGHTEEN-MONTH RESIDENCY REQUIREMENT PRIOR TO
QUALIFICATION FOR ELECTION TO ANY SEAT ON THE COUNCIL;
PROVIDING FOR A REFERENDUM ON THE AMENDMENTS;
PROVIDING FOR THE TITLE AND EXPLANATORY STATEMENT FOR
THE BALLOT FOR EACH OF THE AMENDMENTS; PROVIDING FOR
INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY AND
CONFLICT AND PROVIDING AN EFFECTIVE DATE FOR THE
AMENDMENTS.
WHEREAS, the City Charter of the City of Clermont and Section 166.031, Florida
Statutes, require a referendum by the electors of the City of Clermont to effect a change to
the City Charter; and
WHEREAS, the City Council of the City of Clermont, after considering the
recommendations of the City's Charter Review Committee, has determined it is in the
best interest of the City of Clermont and its citizens to submit certain proposed charter
amendments for a referendum at the next available general election for approval or
disapproval by the electors of the City of Clermont.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Clermont, Florida, as follows:
SECTION 1.
Article II, Section 6 "The Council" of the Clermont City Charter is amended to read as follows:
(Strikethrough indicates deleted wording and underlined indicates added)
(a) Composition. There shall be a City Council composed of five (5) members to be elected by
the qualified voters of the city.
(b) Council seats. There shall be five (5) council seats numbered 1 to 5 consecutively. Any
elector of the city may qualify for any one of the said five(5)seats. The present members of the city
council shall hold their seats for the term of office for which they have been elected. Seats
numbered 1, 3 and 5 shall be up for election for a period of two(2)years the first Tuesday after the
first Monday in November, 1984 (and every even-numbered year thereafter). Seats 2 and 4 shall be
up for election the first Tuesday after the first Monday in November, 1985 (and every odd-
numbered year thereafter). However, Seat number 3 shall henceforth be designated as the Mayor-
Councilman's Seat, and the person elected to that seat shall serve as Mayor for his two-year term.
He shall assist in developing community policies and work with the Council to develop these
policies and interpret them to the public. He shall represent the City at official functions, appoint
advisory committees, coordinate their work, and maintain contact with other governmental agencies
and civic groups.
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CITY OF CLERMONT
LER ONT ORDINANCE NO.2019-22
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(c) Term and term limits. Each City Council Member shall be elected for a term of two years.
No person shall be elected to the City Council for more than four consecutive two (2) year terms.
Provided, however, that the term limits herein shall not limit a present council member from being
elected to four consecutive two (2) year terms after the effective date of the amendment or, if
elected to seat 1, 2, 4 or 5, after his or her election or appointment to seat 3,or prohibit the Council
from appointing a person to fill a vacancy on the City Council as set forth in the Charter.
(d) Qualifications. In qualifying for election to the City Council, including Mayor-Council
Member, each candidate shall designate the seat for which he or she intends to run. One candidate
shall be elected for each seat,but no person shall qualify for more than one seat at any one election.
Effective for the election of 2020 for seats 1, 3, and 5 and the election of 2021 for seats 2 and 4.
each candidate shall have been a qualified elector of the city for a minimum uninterrupted period of
eighteen(18)months preceding the date of qualification.
(d) Oath. [Editorially deleted.
SECTION 2.
For purposes of the referendum,the amendments set forth in Section 1 above shall be considered by
the ballot language set forth in Sections 3 and 4 and shall be known and identified as follows:
"Charter Amendment 1 - City Council Term Limits"
"Charter Amendment 2-Council Residency Requirement"
Upon adoption by a majority of the electors voting in a referendum to be held on November 5,
2019, the adopted amendments shall be incorporated into the Charter by the City Manager and a
copy thereof certified by the City Manager shall be filed with the Department of State, at which
time the Charter revised accordingly by Section 1 shall take effect.
SECTION 3.
The title and explanatory statement of the Ballot for the Referendum on Charter Amendment 1 shall
be:
CHARTER AMENDMENT 1
COUNCIL TERM LIMITS
Currently,the City Charter does not limit the number of terms a person may serve on
the Council. A yes vote for this amendment would, after the effective date of the
amendment, limit a person to four consecutive two-year terms. A no vote will reject
the amendment.
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ca ' CITY OF CLERMONT
oda,p� ORDINANCE NO. 2019-22
SECTION 4.
The title and explanatory statement of the Ballot for the Referendum on Charter Amendment 2 shall
be:
CHARTER AMENDMENT 2
COUNCIL RESIDENCY REQUIREMENTS
Currently, the City Charter does not require a candidate for a seat on the Council to
be a resident of the City for any set period prior to qualifying as a candidate. A yes
vote for this amendment would provide that a candidate shall be a qualified elector
of the City for a minimum of eighteen (18) months prior to the date of qualification
as a candidate. A no vote will reject the amendment.
SECTION 5. Severability
It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions hereof
SECTION 6. Conflict and repeal
Any portion of the City Code, the City Land Development Code or any ordinance or resolution or
part thereof in conflict with this Ordinance is hereby repealed to the extent of such conflict.
SECTION 7. Effective Date
This Ordinance shall take effect as provided by law upon its final adoption.
FIRST READING ON THE 14th DAY OF MAY, 2019
SECOND READING ON THE 28th DAY OF MAY 2019
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CITY OF CLERMONT
Ca ORDINANCE NO. 2019-22
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PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 28th day of May, 2019.
CITY OF CLERMONT
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Gail L. Ash, Mayo
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Tracy Ackroy. owe,City Clerk
Approved as to form and legality:
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