ARTICLE 4. - CORPORATE LIMITS Corporate limits description for South Daytona, Florida. Created by surveyor:

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1 0 ART 1- CHARTER 1 1 Footnotes: --(1)- Editor's note-this part contains the charter of the city as submitted to the electors of the city and adopted by a majority thereof at the general municipal election held Dec. 7, Only minor, nonsubstantive additions and deletions have been made for the purpose of clarity and style by the editor. Future amendments will be worked Into their proper places and amended or repealed provisions deleted. Amendments are cited in parentheses following the provisions amended; the absence of such a citation indicates that the provision has not been amended and is as enacted Dec. 7, ARTICLE 1. - NAME The name of this municipal corporation is CITY OF SOUTH DAYTONA. For convenience, this corporation is referred to as "the city" throughout this charter. ARTICLE 2. - GENERAL PURPOSES The general purposes of the city are to conduct municipal government, perform municipal functions, and render municipal services. ARTICLE 3. - POWERS The city shall have all governmental, corporate and proprietary powers and may exercise any power to accomplish its general purposes, except only such powers as are specifically prohibited by law. ARTICLE 4. - CORPORATE LIMITS Corporate limits description for South Daytona, Florida. Created by surveyor: Commence at the intersection of main channel of the Halifax River, and the easterly prolongation of the south line of Beville Road and, said line being also the south line of that Bethune Grant, Section 40, Township 175 South, Range 33 East, Volusia County, Florida; said point being the point of commencement and the point of beginning; thence S64 47'56"W, a distance of 4, feet, more or less; thence along said line S53 53'47"W, a distance of feet, more or less; thence S63 09'29"W, a distance of 1, feet, more or less; thence S65 50'36"W, a distance of 1, feet, more or less to the north east corner of pa reel# ; thence '42" E a long the east line of said parcel, a distance of feet, more or less; thence S63 14'42"W along the south line of said parcel, a distance of feet, more or less; thence N25 00'00"W along the west line of said parcel to the south right-of way line of said Beville Road, a distance of feet, more or less; thence S64 32'22"W, a distance of 3, feet, more or less to a point along the centerline of Nova Road (State Road SA), said point being a point of curve of a non-tangent curve to the left, having a radial distance of 1, feet, more or less; a chord bearing of S20 36'26"E, and a chord distance of feet, more or less, thence southerly along the arc, through a central angle of '58", a distance of feet, more or less to a point of intersect of the easterly prolongation of the southerly line of parcel# ; thence S64 22'43"W, a distance of feet, more or less to the point of curve of a non-tangent curve to the left, having a radial distance of 1, feet, more or less; a chord bearing of '36"E, and a chord distance of feet, more or less, thence southerly along the arc, through a central angle of 21 54'28", a distance of feet, more or less; thence S26 15'59"E, a distance of feet, more or less; thence N63 44'01 "E, a distance of feet, more or less; thence S26 06'29"E, a distance of feet, more or less; thence '1 S"E, a distance of daytona/codes/code _of_ ordinances?nodeld=ptich 1/11

2 feet, more or less; thence N64 05'07"E, a distance of feet, more or less; thence '01 "E, a distance of feet, more or less; thence '59"W, a distance of 6.00 feet, more or less; thence '01 "E, a distance of 1, feet, more or less; thence '11 "W, a distance of 5.65 feet, more or less; thence '01 "E, a distance of feet, more or less to the northeast corne of parcel# ; thence S64 28'22"W, a distance of feet, more or less; thence S25 43'23"E, a distance of feet, more or less; thence S65 00'00"W, a distance of feet, more or less; thence S25 00'00"E, a distance of feet, more or less; thence N65 00'00"E, a distance of feet, more or less; thence S25 43'23"E, a distance of feet, more or less; thence S65 25'20'W, a distance of feet, more or less; thence S24 59'53"E, a distance of feet, more or less; thence N65 25'20"E, a distance of feet, more or less; thence S25 43'23"E, a distance of feet, more or less; thence N64 28'33"E, a distance of feet, more or less to the westerly right-of-way of said nova road; thence S23 36'36"E, a distance of feet, more or less; thence '25"W, a distance of feet, more or less; thence S23 36'36"E, a distance of feet, more or less; thence S74 05'57"E, a distance of feet, more or less to the point of curve of a non-tangent curve to the right, having a radial distance of 1, feet, more or less; a chord bearing of '36"E, and a chord distance of feet, more or less, thence southerly along the arc, through a central angle of 20 17'12", a distance of feet, more or less; thence '41 "E, a distance of feet, more or less; thence S05 15'57"W, a distance of feet, more or less; thence S89 33'19"W, a distance of feet, more or less; thence '41 "E, a distance of feet, more or less; thence N89 33'19"E, a distance of feet, more or less; thence S06 09'19"E, a distance of 5.97 feet, more or less to the north east corner of parcel# ; thence '02"W, a distance of 1, feet, more or less to the northwest corner of said parcel; thence S25 45'26"E, a distance of 3, feet, more or less to the southwes' corner of parcel# ; thence N63 34'17"E, a distance of feet, more or less to a point along the north right-of-way line of Reed Canal Road; thence N57 14'03"E, a distance of feet, more or less along said right-of-way line to a point of prolongation of the west line of parcel# ; thence S25 47'28"E, a distance of feet, more or less to the northwest corner of parcel# ; thence '49"E, a distance of feet, more or less to the southwest corner of parcel# ; thence N66 13'35"E, a distance of feet, more or less to the westerly right-of-way of said Nova Road; thence S24 39'52"E, a distance of feet, more or less; thence S64 52'43"W, a distance of 3;33 feet, more or less; thence S25 01 '43"E, a distance of feet, more or less; thence N64 52'43"E, a distance of 3.20 feet, more or less; thence S24 39'52"E, a distance of feet, more or less; thence S25 16'42"E, a distance of feet, more or less; thence '1 O"W, a distance of 2.09 feet, more or less; thence S25 26'03"E, a distance of feet, more or less; thence N64 03'57"E, a distance of 4.00 feet, more or less; thence '03"E, a distance of feet, more or less; thence '56"W, a distance of feet, more or less; thence S25 56'03"E, a distance of feet, more or less; thence S76 17'42"E, a distance of feet, more or less; thence S25 56'03"E, a distance of feet, more or less; thence continue southeasterly along said line, a distance of feet, more or less; thence N64 03'57"E, a distance of 6.00 feet, more or less; thence S25 56'03"E, a distance of feet, more or less; thence S64 03'57"W, a distance of 6.00 feet, more or less; thence S25 56'03"E, a distance of feet, more or less; thence N64 16'47"E, a distance of feet, more or less; thence S25 26'03"E, a distance of 2.08 feet, more or less; thence N63 49'1 O"E, a distance of feet, mo. or less; thence S25 56'03"E, a distance of feet, more or less; thence N66 01'18"E, a distance of feet, more or less to a point of intersect with the prolongation of the easterly right-of-way line 2/11

3 of Jackson Street; thence S24 33'22"E, a distance of feet, more or less to the southwest corner of parcel# O; thence N65 50'46"E, a distance of feet, more or less; thence N24 32'23"W, a distance of feet, more or less to the southerly right-of-way line of Alice Avenue; thence N69 33'51 "E along said right-of-way, a distance of feet, more or less to a point of intersect of the prolongation of the westerly line of parcel# ; thence N24 56'47"W, a distance of feet, more or less to the southwest corner of said parcel; thence N67 57'58"E, a distance of feet, more or less; thence N22 49'26"W, a distance of feet, more or less; thence N67 04'00"E, a distance of feet, more or less to the centerline of Pepperhill Road; thence N24 09'57"W, a distance of 1, feet, more or less along said centerline to the intersect of the south line of Sheldon Avenue; thence N66 24'00"E, a distance of feet, more or less along said south line to the north west corner of parcel# ; thence S22 42'23"E, a distance of feet, more or less along the west line of said parcel; thence N66 38'37"E, a distance of feet, more or less along the south line of said parcel to the westerly right-of-way line of Sauls Street; thence S24 02'25"E, a distance of 1, feet, more or less along the said right-of-way line; thence N65 33'57"E, a distance of feet, more or less to the easterly right-of-way line of Sauls Street; thence S24 16'20"E, a distance of feet, more or less to the south west corner of parcel# ; thence N65 46'21 "E, a distance of feet, more or less along the southerly line of said parcel; thence N24 13'39"W, a distance of feet, more or less along the easterly line of said parcel to the southerly line of Harbor Side Village Subdivision; thence N64 34'21"E, a distance of feet, more or less to the southeast corner of said Harborside Village Subdivision; thence N24 48'32"W, a distance of feet, more or less to the intersect of the southerly line of Lantern Park Subdivision; thence S89 12'49"E, a distance of 3, feet, more or less; thence S00 17'58"E, a distance of feet, more or less; thence N65 24'23"E, a distance of feet, more or less; thence N64 53'41"E, a distance of feet, more or less; thence S25 06'19"E, a distance of feet, more or less; thence N64 53'41 "E, a distance of feet, more or less to a point along the westerly line of parcel# ; thence S25 14'12"E, a distance of feet, more or less to the south line of said parcel; thence N64 53'16"E, a distance of 4, feet, more or less along the prolongation of said southerly line to the a point of intersect of the centerline of the lntracoastal Waterway; thence N27 19'26"W, a distance of 13, feet, more or less along the said centerline of the Intra coastal Waterway, to the point of beginning. Containing 3, acres, more or less. Editor's note- Per the city, the corporate city limits of South Dayton, Florida have been updated periodically since 1982, however there are no ordinances or adoption dates associated with. Outlined above is a conglomerate of the city limits as amended throughout the years since 1982 through the present, being ARTICLE 5. - LEGISLATIVE: CITY COUNCIL Section Governing body. The governing body of the city shall be a city council..ection Powers. The city council shall have all legislative powers of the city. Section Composition. _of_ ordinances?nodeld=ptich 3/11

4 2125/2016 South Daytona, FL Code of Ordinances The city council shall consist of five (S} members. One (1) such member shall hold the office of mayor. Each of the remaining four (4) members shall hold the office of councilmember. The mayor shall be a member of the council for all purposes. All references in this charter to members of the council include the mayor. The word "councilmember" refers to a member or members other than the mayor. Section Qualifications. Only electors of the city shall be qualified to serve as members of the council. Each Council member shall run for a numbered seat. Seat number five (5) shall be the mayor. All members, except such members as may be appointed to fill vacancies in accordance with the provisions of this charter, shall be elected at large by the electors of the city. The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of this office, subject to the further provisions of this charter. (Ord. No , 6, ) Editor's note- This amendment to the Charter is reflective of the results of Res. No , adopted Sept. 4, 1990, which details the results of a special referendum election held on Sept. 4, Ord. No , 1, adopted Aug. 9, 1988, and apprnved at election on Nov. 8, 1988, provided that the City Charter be amended to require all candidates for city council to qualify and be elected at large commencing with the 1990 regular city elections. Section Terms of office; oath. Commencing with the 1990 regular city elections, the mayor, councilmember for District 1 and councilmember for District 4 shall each be elected for a four-year term. Commencing with the 1990 regular city elections, the councilmember for District 2 and the councilmember for District 3 shall be elected for a two-year term. In every regular city election thereafter, each councilmember shall be elected for a four-year term. The terms of members of the council shall begin at the time of the next regular council meeting following the date of a runoff election, even if not held. Before entering upon the duties of the office, each member shall take an oath of office in the form prescribed for state officers by the constitution of the State of Florida. (Ord. No , 1, ) Section Compensation. Members of the council shall receive for their services such salaries or other compensation and shall receive such expense allowances as may be prescribed from time to time by ordinance. No ordinances increasing salaries or other compensation or expense allowances of members shall become effective until the date of commencement of the terms of the councilmembers elected at the next regular election following adoption of the ordinance. Section Mayor. The mayor shall have all rights and responsibilities of a councilmember, shall preside at meetings of the council, shall be recognized as head of the city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, for execution of contracts, deeds and othe,.. documents, and as city official designated to represent the city in all agreements with other governmer. entities or certifications to other governmental entities, but sh~ll have no administrative duties except as required to carry out these responsibilities. 4/11

5 Section Vice-mayor. The council shall elect from among its members a vice-mayor. The election of the vice-mayor shall occur biennially at the first regular meeting following the date of the regular city election and at any other ne necessary to fill a vacancy in the office. The vice-mayor shall act as mayor during any temporary absence or disability of the mayor. Section Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a member of the council shall become vacant upon his death, resignation, (b) removal from office in any manner authorized by law, or forfeiture of his office under the provisions of this Charter. Forfeiture of office. A member of the council shall forfeit his office: (1) If he lacks at any time during his term of office any qualification for the office prescribed by this charter or by law; (2) If he is absent from three (3) consecutive regular council meetings, unless first granted a leave of absence by the city council or otherwise excused by the city council and the reason for such leave of absence or excuse is recorded in the minutes of the meeting at which the action is taken; or (3) If he is convicted of a felony. Forfeiture of the office of a member of the council shall be declared by the remaining members and shall be effective as of the date such declaration is made. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in '"'dvance of the hearing. Such hearings shall be conducted in accordance with such rules as may be Jopted by the city council by ordinance. (c) Filling of vacancies. A vacancy on the council shall be filled in one of the following ways: (1) By special election when: a. The vacancy occurs more than six (6) months prior to the date of the next regular city election; or, b. The vacancy occurs in a council that is not regularly scheduled to be on the ballot at the next regular city election and occurs at a time that is determined by vote of a majority of the remaining members of the council to be so close to the date of the election that it would be impractical to include it on the ballot due to the time required for qualifying of candidates or for enlarging the ballot, or for other reasons. (2) At the next regular city election, except when the vacancy is to be filled by special election in accordance with the provisions of this section. Notwithstanding any quorum requirements established herein, if at any time the membership of the council is reduced to less than a quorum, the remaining members may by majority vote act to fill the vacancies in accordance with the provisions of this section. (d) (e) Extraordinary vacancies. In the event that all members of the council are removed by death, disability, law or forfeiture of office, the governor shall appoint an interim council that shall call a special election in accordance with the provisions of this section and such election shall be held in the same manner as the first election under this charter. daytona/codes/oode _of_ ordinances?nodeld=ptich 5/11

6 Special elections. Special elections to fill vacancies on the council shall be held as soon as practical to allow time for the qualifying of candidates. Procedures for the conduct of regular city elections, to the extent applicable, shall govern the conduct of such special elections. (Ord. No , 2, ) Section Procedure. (a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of a majority of the members and, whenever practicable, upon no less than twenty-four (24) hours' notice to each member and the public. (b) Rules and journal. The council shall determine its own rules and order of business. (c) Voting. Voting on ordinances and resolutions may be conducted in any manner authorized by the rules of the council and shall be recorded in the journal. A majority of the council shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. No action of the council, except as otherwise specifically provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of the majority of a quorum present. ARTICLE 6. - ELECTIONS Section Time of election. The elections for city council members shall be in even-numbered years on the following dates: (I) (II) General elections shall be held on the date established by the Florida Election Code for the primary election. [Reserved.] (Ill) Runoff elections, if required, will be held on the date established by the Florida Election Code for the general election. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ) Editor's note- Ord. No , 3, July 22, 2008, provided for adjustments to the terms of office of the mayor and each city council member in office as of the effective date of this ordinance shall be extended one (1) year to accommodate the change in the election dates from odd-numbered years to evennumbered years. Therefore, seats 2 and 3 shall be up for election in 2010 and the mayor and seats 1 and 4 shall be up for election In Section Nonpartisan elections. All qualifications and elections for the offices of mayor and of council member shall be conducted on a nonpartisan basis without regard for or designation of political party affiliation of any nominee on any qualifying papers or ballot. Section Qualifying. Each candidate for the offices of mayor and of councilmember. as conditions to becoming eligible election, shall: {a) 6/11

7 (b) (c) File with the city clerk a written notice of candidacy, signed by the candidate, legibly showing the name and residence address of the candidate, declaring the candidate's intention to seek the office of mayor or of council member, specifying the office, and in the case of the office of councilmember, identifying the council seat for which the candidate wishes to qualify, and, in any case, affirming that the candidate meets all qualifications for the office. File with the city clerk a petition signed by twenty-five (25) or more electors of the city, legibly showing their names and residence addresses, endorsing the candidacy of the candidate. Meet, at the time of filing the notice of candidacy and continuously throughout the period of time preceding the election, all qualifications for the office. (Ord. No , 6, ) Editor's note- This amendment to the Charter is reflective of the results of Res. No , adopted Sept. 4, 1990, which details the results of a special referendum election held on Sept. 4, Section Form of ballots. (a) Election of mayor and councilmembers. The office of mayor shall appear first on the ballot. Council districts shall appear in numerical order. Candidates for each office shall appear in alphabetical order by surname. (b) Proposed charter amendments. A proposed charter amendment shall be presented for voting by ballot title. The ballot title of a proposed amendment may differ from its legal title and shall be a clear, concise statement describing the substance of the proposed amendment without argument or prejudice. The city council by ordinance may prescribe additional rules relating to the form of the ballot. Section Election procedure. (a) Multiple candidates. When two (2) or more candidates qualify as candidates for a seat on the city council to be filled, the persons' names who so qualify for each such seat shall appear on the ballot and be voted upon at a general election to be held on the date established in Section 6.01 of the Charter, and the person receiving a majority of the total number of votes cast for each designated seat on the council shall be declared elected; provided that when no candidate for a seat receives a majority of the votes cast for such seat at the general election, the two (2) persons receiving the highest number of votes cast at such general election shall be declared the remaining candidates for such seat and shall be voted upon in the runoff election, and the person receiving a majority of the total number of votes cast for such seat in the runoff election shall be declared elected. In either event, the candidate elected shall assume office at the same time and in the same manner as those elected in the general election. (b) Single candidates. In the event not more than one (1) person qualifies as a candidate, either for ballot listing or write-in, for a seat on the city council to be filled, that seat shall not be listed on the regular city election ballot, and the person who qualified as the only candidate for the seat shall be declared elected. (Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ) ~ction Reserved. -=ditor's note- Ord. No , 6, adopted June 12, 1990, repealed Charter 6.06, which pertained to council districts. This amendment to the Charter is reflective of the results of Res. No , adopted Sept. 4, 1990, which details the results of a special referendum election held on Sept. 4, /11

8 2125/2016 South Daytona, FL Code of Ordinances Section Referendum on municipal electric utility. (a) A referendum shall be held prior to the city's formation of any municipal electric utility and the delivery of municipal electric service. Such referendum must be approved by a majority of votes cast by those persons eligible to vote in the referendum. (b) The referendum shall be held at tt1e next general election or a special election so that it otturs prior to the formation of a municipal electric utility and the delivery of municipal electric service. (c) Procedures for the conduct of regular city elections, to the extent practical, shall govern the conduct of the referendum. {Ord. No , 1, ) ARTICLE 7. - ADMINISTRATIVE Section City manager. There shall be a city manager who shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the proper administration of all affairs of the city. Section Appointment. The city manager shall be appointed for an indefinite term by not less than four-fifths (4/5} vote of the city council. He shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in and his knowledge of accepted practice in respect to the duties of his office. At the time of his appointment he need not be a resident of the city or the state, but he shall become a resident of the city within sixty (60) days after taking office and shall be a resident of the city during the remainder of his tenure of office. No member of the council shall receive such appointment during the term for which he shall have been elected nor within one year after the expiration of his term. Section Powers and duties. The city manager shall have power and shall be required to: {a) Direct and supervise the administration of all departments, offices, and agencies of the city; (b) Appoint and, when he deems it necessary for the good of the city, suspend or remove all city employees, except as otherwise provided by contract or by law; (c) Attend all meetings of the city council {with the right to take part in discussion but not to vote); (d) See that all laws and acts of the city council subject to enforcement by him or by officers or employees subject to his direction and supervision are faithfully executed and enforced; (e) (f) (g) Prepare or cause to be prepared and submit to the city council the annual budget, budget message, and capital program; Prepare or cause to be prepared and submit to the city council a complete report on the finances and administrative activities of the city as of the end of each fiscal year; Prepare or cause to be prepared and submit to the city council such other reports as the council may require concerning the operation of city departments, offices, and agencies subject to his direction and supervision; (h) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations as he deems desirable concerning the affairs of the city; (i) 8/11

9 Supervise the purchase of all materials, supplies, and equipment which are authorized by the City Code or by the city council to be purchased; 0> Sign on behalf of the city contracts authorized by the City Code or approved by the city council; (k) (I) See that all franchises, permits, and privileges granted by the city are faithfully observed and that all contracts entered into by the city are complied with and enforced; Perform the duties of city clerk of the city, in addition to the duties of city manager, during any period oftime that he is appointed by the city council to do so; (m) Devote his entire time to the discharge of his official duties, except with the express prior approval of the city council; (n) Perform such other duties as may be prescribed by the City Charter, by the City Code, by city ordinances, and by resolution or directives of the city council. Section Delegation of duties. In exercising supervision and control over the administrative affairs of the city government and in performing the duties of his office, the city manager may delegate to city employees under his jurisdiction such functions as he may deem desirable. However, in no case shall he relinquish overall responsibility. Except as may be otherwise provided by law, all such employees shall be directly and exclusively responsible to the city manager and to no other person or body. Section Accountability to city council; noninterference by council. The city manager shall be accountable directly to the city council for the proper discharge of the duties of his office and for all actions taken or performed by him and by all city employees under his ~ pervision or control. In order to maintain the concept of such accountability and to preserve the integrity of the office of city manager, neither the city council nor any of its members shall attempt to direct any city employee under the supervision or control of the city manager to take any action or condone to be done anything that will interfere with or impair the authority of the city manager with respect to such employee or with respect to the employment or dismissal of such employee; provided that the city council shall have the right at any time to discuss with the city manager any matter relating to the performance of the duties of his office, including the performance of and other matters relating to city employees under his supervision or control and to express opinions and make recommendations concerning the same. Section Removal. The city council may remove the city manager at any time by a vote of not less than four-fifths of its members. Section Emergencies. In case of accident, disaster, or other circumstance creating a public emergency, the city manager may award contracts and make purchases, which otherwise would be beyond the scope of his authority, for the purpose of meeting the emergency, but shall file promptly with the council a statement describing the emergency and explaining the necessity for such action, and an itemized account of all expenditures. :ction Compensation. The city manager shall receive such compensation as shall be fixed from time to time by majority vote of the council. 9/11

10 2125/2016 South Daytona, FL Code of Ordinances Section Absence or disability. During any temporary absence or disability of the city manager, the duties of city manager shall be performed by the following person: (a) The assistant city manager; (b) (c) If there is no assistant city manager, or if the assistant city manager is absent or disabled, any person who may be designated by the city council to serve as acting city manager; If there is no assistant city manager or the assistant city manager is absent or disabled, and the council has not designated an acting city manager, any city employee who may be designated by the city manager to serve as acting city manager. Section Vacancy. Any vacancy in the office of the city manager shall be filled pursuant to a procedure and within the time frame established at the discretion of the city council. (Ord. No , 3, ) ARTICLE 8. - TRANSITION PROVISIONS Section Continuation of former Charter provisions. All provisions of Chapter 27898, Special Acts, Laws of Florida, (the former Charter) as amended by special law or otherwise, which are not embraced in this Charter and which are not inconsistent with this Charter, shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. Section Wards preserved as council seats. Each area of the city designated as a ward for election purposes at the time of adoption of this Charter shall constitute a council seat on and after the date this Charter becomes effective. (Ord. No , 3, ) Section Ordinances preserved. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided by law. Section Rights of officers and employees. Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. Members of the city council shall continue to hold and discharge the duties of their offices until their successors are elected, as if they had been elected under the provisions of this charter. Section Pending matters. All rights, claims, actions, orders, contracts, and legal or administrative proceedings involving the city shall be unaffected and shall continue, except as they may be subsequently modified pursuant to the provisions of this charter. Section Schedule. daytona/codes/code _of_ ordinances?nodeld=ptich 10/11

11 (a} (b} (c} (d) (e) First election. The first election under this Charter shall be held in At the first election under this Charter, all five (5} members of the council shall be elected. Time of taking effect. This Charter shall take effect upon being filed with the Department of State of the State of Florida. Members of council. As of the effective date of this Charter each member of the city council then holding office will be deemed to hold the corresponding office established by this Charter until such office is filled upon occurrence of a vacancy or by regular election in accordance with the provisions of this Charter. Transition ordinances. The council shall adopt ordinances and resolutions required to effect the transition. Ordinances adopted within sixty (60) days of the first council meeting under this Charter for the purpose of facilitating the transition may be passed as emergency ordinances and shall be effective for up to ninety (90} days after enactment. Thereafter, such ordinances may be readopted, renewed or otherwise continued only in the manner prescribed for nonemergency ordinances. Initial salary of council members. Members of the council shall receive monthly salaries and expense allowances equal in amount to the salaries and expense allowances received by their respective predecessors in office immediately prior to the effective date of this Charter until such salaries and allowances are changed by the council in accordance with the provisions of this Charter. Section Deletion of obsolete transition provisions. The council shall have power, by resolution, to delete from this article any section, including this section, when all events to which the section to be deleted are or could become applicable have occurred. daytona/codes/code _of_ ordinances?nodeld=ptich 11/11