HomeMy WebLinkAboutcocc_resolution_no_2022-29_20221101RESOLUTION NO. 2022-29
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; PROVIDING FOR THE
SWEARING -IN OF THE NEWLY ELECTED CITY COUNCIL
MEMBERS AT THE REGULAR CITY COUNCIL MEETING TO BE
HELD IN DECEMBER OF 2022 PURSUANT TO SECTION 2.02(D)
OF THE CITY CHARTER IN CONSIDERATION OF THE LEGAL
REQUIREMENT TO CANVASS ALL OVERSEAS BALLOTS
10-DAYS AFTER THE ELECTION AND THE SUPERVISOR OF
ELECTION'S ROLE IN PROVIDING OFFICIAL ELECTION RESULTS
TO THE CITY OF CAPE CANAVERAL FOR THE NOVEMBER 8,
2022 GENERAL ELECTION WHICH ARE EXPECTED TO BE
ISSUED ON NOVEMBER 22, 2022; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, a general election is scheduled for November 8, 2022 at which two City
Council seats and a City referendum will be voted upon by the City electors; and
WHEREAS, the City Council currently schedules and conducts its regular meetings on
the third Tuesday of each month and reserves as a placeholder the first Tuesday of each month
to conduct a regular meeting as deemed necessary; and
WHEREAS, Section 26-1 of the City Code provides that the state election code, F.S. chs.
97-106, is adopted as the procedure for conducting municipal elections within the city. The
duties, authority and responsibility of state and county officers, board and bodies set forth in the
state election code shall apply to the corresponding municipal entities in the conduct of
municipal elections; and
WHEREAS, consistent with applicable Federal law, Section 101.6952 (5), Florida Statutes
provides that a vote -by -mail ballot from an overseas voter in any presidential preference
primary or general election which is postmarked or dated no later than the date of the election
and is received by the supervisor of elections of the county in which the overseas voter is
registered no later than 10 days after the date of the election shall be counted as long as the
vote -by -mail ballot is otherwise proper; and
WHEREAS, the Brevard County Supervisor of Elections has advised the City that overseas
ballots will be canvassed on November 18, 2022 by the County Canvass Board, and that after the
counting of all overseas ballots, the Official Elections Results of the City's municipal election are
expected to be certified and transmitted by the Supervisor to the City on November 22, 2022;
and
City of Cape Canaveral
Resolution -No. -2022-29 -
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WHEREAS, Section 2.02 (d) of the City Charter provides that any newly elected mayor
and city council member shall assume the duties of office at the next regular meeting of the city
council following their election; and
WHEREAS, the City Council has historically conducted the swearing -in of newly elected
City Councilmembers on the third Tuesday in November; and
WHEREAS, because the results of the November 8, 2022 City election will not be
deemed official until any overseas ballots are counted and the Supervisor of Elections issues a
final certification of election results to the City on November 22, 2022, which is after the third
Tuesday in November, the City Council hereby finds that the newly elected City Councilmembers
shall assume the duties of office at the next regular meeting held by the City Council in
December of 2022 following the counting of the overseas ballots and their election being
certified official by the Supervisor of Election in furtherance of an orderly transition of the terms
of City Councilmembers consistent with the Florida Election Code; and
WHEREAS, the City Council hereby finds that this Resolution is consistent with the
Florida Election Code and City Charter and Code and is in the best interests of the citizens of the
City for Cape Canaveral, Florida.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are
incorporated herein by this reference as part of this Resolution.
Section 2. Scheduling Swearing -In of Newly Elected City Councilmembers. Based on
the findings set forth in the aforementioned recitals and the City Council's regularly scheduled
meeting calendar, the City Council hereby schedules the swearing -in of newly elected
councilmembers following the November 8, 2022 general election to be held at the City
Council's Regular Meeting on December 6th, 2022.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any 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 of this
Resolution.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Resolution No. 2022-29
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 1st day of
November, 2022.
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•
EtYLE PN
(7- Mia Gofort ,`CMC'�
City Clerk
ATTEST (city (City Seal):
orrison, Mayor
For Against
Kim Davis Second
Mickie Kellum
Wes Morrison x
Angela Raymond Absent
Don Willis Motion
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.-2022=29
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