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Ordinance No. 2023-014CLER06M, CITY OF CLERMONT ..--� ORDINANCE NO.2023-014 1 AN ORDINANCE AMENDING ARTICLE II, SECTION 6, "THE COUNCIL" 2 OF THE CHARTER LAWS OF THE CITY OF CLERMONT, PROVIDING 3 THAT THE TERM OF OFFICE FOR COUNCIL MEMBERS ELECTED TO 4 SEATS 1, 3 AND 5 IN NOVEMBER 2024 SHALL BE FOUR (4) YEARS; THE 5 TERM OF OFFICE FOR COUNCIL MEMBERS ELECTED TO SEATS 2 6 AND 4 ELECTED IN 2025 SHALL BE FOR ONE YEAR (1) AND THE TERM 7 OF OFFICE FOR COUNCIL MEMBERS ELECTED TO SEATS 2 AND 4 IN 8 NOVEMBER 2026 SHALL BE FOR FOUR (4) YEARS; PROVIDING THAT 9 A COUNCIL MEMBER SHALL NOT BE ELECTED FOR MORE THAN 10 THREE CONSECUTIVE FOUR-YEAR TERMS; PROVIDING FOR A 11 REFERENDUM ON THIS AMENDMENT; PROVIDING FOR THE TITLE 12 AND EXPLANATORY STATEMENT FOR THE BALLOT FOR THE 13 AMENDMENT; PROVIDING FOR INCLUSION IN THE CHARTER; 14 PROVIDING FOR SEVERABILITY AND CONFLICT AND PROVIDING 15 AN EFFECTIVE DATE FOR THE AMENDMENTS. 16 WHEREAS, the City Charter of the City of Clermont and Section 166.031, Florida 17 Statutes, require a referendum by the electors of the City of Clermont to effect a change to the 18 City Charter; and 19 WHEREAS, the City Council of the City of Clermont, has determined it is in the 20 best interest of the City of Clermont and its citizens to submit the proposed charter 21 amendment set forth herein for a referendum at the next available general election for 22 approval or disapproval by the electors of the City of Clermont. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NOW, THEREFORE, BE IT ORDAINED by the city council of the city of Clermont, Florida, as follows: SECTION 1: Article I1, Section 6 "The Council" of the Clermont City Charter is amended to read as follows: Sec. 6. The Council. (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 four (4) years the first Tuesday after the first Monday in November, 2024 and every four years thereafter. Seats 2 and 4 shall be up for election for a period of one (1) year the first Tuesday after the first Monday in November, 2025. Seats 2 and 4 shall be up for election for a period of four (4) years the first Tuesday after the first Monday in November 2026 and every four years thereafter. 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 or her applicable term. The Mayor shall assist in developing community policies and work with the Council to develop these policies and interpret them to the public. The Mayor S CLER% ONO CITY OF CLERMONT �� ORDINANCE NO.2023-014 41 shall represent the City at official functions, appoint advisory committees, coordinate their work, 42 and maintain contact with other governmental agencies and civic groups. 43 (c) Term and term limits. Each City Council Member, elected prior to January 1, 2024 shall be 44 elected for a term of two years. Council Members elected in November 2025 shall serve a 45 one (1) year term. Thereafter Council Members shall be elected for four (4) year terms. No 46 person shall be elected to the City Council for more than three consecutive full four (4) year 47 terms. Provided, however, that the term limits herein shall not prohibit a present council 48 member from serving four consecutive four (4) year terms after election in November 2024 49 or November 2026 or, if previously elected to seat 1, 2, 4 or 5, after his or her election or 50 appointment to seat 3, or prohibit the Council from appointing a person to fill a vacancy on 51 the City Council as set forth in the Charter. 52 (d) Qualifications. In qualifying for election to the City Council, including Mayor -Council 53 Member, each candidate shall designate the seat for which he or she intends to run. One 54 candidate shall be elected for each seat, but no person shall qualify for more than one seat at 55 any one election. Each candidate shall have been a qualified elector of the city for a minimum 56 uninterrupted period of eighteen (18) months preceding the date of qualification. 57 SECTION 2: 58 For purposes of the referendum, the amendments set forth in Section 1 above shall be considered by 59 the ballot language set forth in Sections 3 and 4 and shall be known and identified as follows: 60 "Charter Amendment 1 - City Council Term and Term Limits" 61 Upon adoption by a majority of the electors voting in a referendum to be held on November 7, 2023, 62 the adopted amendments shall be incorporated into the Charter by the City Manager and a copy 63 thereof certified by the City Manager shall be filed with the Department of State, at which time the 64 charter revised accordingly by Section 1 shall take effect. 65 SECTION 3: 66 The title and explanatory statement of the Ballot for the Referendum on Charter Amendment 1 shall 67 be: I. CHARTER AMENDMENT 1 COUNCIL TERM AND TERM LIMITS 70 Currently, the City Charter provides council members serve two-year terms with a 71 maximum of four consecutive terms. A yes vote for this amendment effective with 72 the elections in November of 2024 and 2026 approves increasing council terms to four 73 years, with council members elected in November 2025 serving a one-year term and 74 reduces term limits to three consecutive terms. A no vote rejects the amendment. 75 SECTION 4: SEVERABILITY 76 It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, 77 phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of 78 competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, 79 and such holding shall not affect the validity of the remaining portions hereof. d~ CLEMONT CITY OF CLERMONT — ORDINANCE NO.2023-014 80 SECTION 5: CONFLICT AND REPEAL 81 Any portion of the City Code, the City Land Development Code or any ordinance or resolution or 82 part thereof in conflict with this ordinance is hereby repealed to the extent of such conflict. 83 SECTION 6: EFFECTIVE DATE 84 This Ordinance shall take effect as provided by law upon its final adoption. 85 FIRST READING ON THE 11 TH DAY OF APRIL, 2023 86 SECOND READING ON THE 25TH DAY OF APRIL, 2023 CIEOONT CITY OF CLERMONT �--� ORDINANCE NO.2023-014 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 25th day of April, 2023. City Clerk FORM AND LEGALITY: Attorney CITY OF CLERMONT Tim Murry, Ma r