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HomeMy WebLinkAboutcocc_ordinance_no_02_2020_20200421ORDINANCE NO. 02-2020 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; AMENDING CHAPTER 26 — ELECTIONS, OF THE CODE OF ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR CANDIDATES FOR THE OFFICES OF MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, pursuant to Section 26-3 of the City Code, the City's current qualifying period for candidates running for the office of Mayor and City Council shall be at any time after 12:00 noon of the 88th day prior to the general election and no later than 12:00 noon of the 74th day prior to the date of the general election ("Existing Qualifying Period"); and WHEREAS,the current termination date of the existing Qualifying Period does not comply with a directive given by the Brevard County Supervisor of Elections to complete and provide all ballot referendum language and a list of qualified Council candidates no later than the 78th day prior to the City election; and WHEREAS, at its August 6, 2019 Regular Meeting, the City Council adopted Ordinance No. 14-2019, an Emergency Ordinance, reducing the 2019 City election's Qualifying Period by four (4) days to comply with the Brevard County Supervisor of Elections directive; and WHEREAS, Ordinance No. 14-2019 also stated an intent to permanently amend the qualifying period prior to May 17, 2020; and WHEREAS,the City Council hereby declares that it supports the Voting Rights Act of 1965, and the provisions of Section 4(e), and therefore, for purposes of complying with a directive given by the Brevard County Supervisor of Elections, the City Council desires to modify the qualifying period for the City's municipal election by adjusting the qualifying period so the City Clerk may provide all ballot referendum language and a list of Council candidates to the Brevard County Supervisor of Elections no later than the 78th day prior to a City election; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Ordinance No.02-2020 Page 1 of 3 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Section 26-3 of the Code of Ordinance, City of Cape Canaveral, Brevard County Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): Sec. 26-3. - Qualifying period—Generally. CEandidates for the offices of the mayor and city council shall qualify and pay the applicable qualifying fee and assessment during regular business hours of the City lee at any time after 12:00 noon of the 92nd 88th day prior to the general municipal election and no later than 12:00 noon of the 81st 7-4th day prior to the date of the general municipal election. However, in the event that the first or last filing day falls on a Saturday, Sunday or legal holiday, then, as may be applicable, the subject first filing date shall be rescheduled to the next regular business day and the last filing date shall be rescheduled to the last preceding regular business day. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing.Grammatical,typographical and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase,word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of April, 2020. City of Cape Canaveral Ordinance No.02-2020 Page 2 of 3 Bob Hoog, Mayor ATTEST: Mia Gofoarth,CMC City Clerk For Against Mike Brown X Robert Hoog X Mickie Kellum motion Wes Morrison X Angela Raymond second Approved as to legal form and sufficiency forth ity of Cape Canaveral only by: Anthony A. Garganese, City Attorney First Reading: February 18, 2020 Advertisement: March 5, 2020 Second Reading: April 21, 2020 City of Cape Canaveral Ordinance No.02-2020 Page 3 of 3 SEAL of Cape Canaveral, Florida