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HomeMy WebLinkAboutcocc_resolution_no_2023-06_20230516RESOLUTION NO. 2023-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A QUALIFYING STATEMENT FOR QUALIFYING CANDIDATES FOR MAYOR AND CITY COUNCIL PURSUANT TO THE REQUIREMENTS OF SECTION 26-3 OF THE CITY CODE AND SECTION 2.02(B) OF THE CITY CHARTER; PROVIDING FOR ALTERATIONS, GRAMMATICAL AND ERROR CORRECTIONS BY THE CITY CLERK, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, MINOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council hereby adopts this Resolution in furtherance of Section 26-3 of the City Code which requires the City Council to approve a qualifying statement by resolution to be filed by candidates seeking to qualify as a candidate for mayor and city council for purposes of attesting to satisfying the eligibility requirements set forth in Section 2.02(b) of the City Charter; and WHEREAS, the City Council hereby finds that this Resolution is in the best interests of the public health, safety and welfare of the citizens. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. Approval of Qualifying Statement. Pursuant to Section 26-3 of the City Code and in furtherance of the requirements of Section 2.02(b) of the City Charter, the City Council of the City of Cape Canaveral hereby approves the Qualifying Statement, as attached hereto and incorporated herein by reference as Exhibit "A". Section 3. Alterations, Correction of Errors and Grammatical Changes. Any section or paragraph, number or letter, letterhead, and any heading of the qualifying statement approved hereunder may be changed or modified as necessary by the City Clerk in consultation with the City Attorney to effectuate the requirements of Section 26-3, Section 2.02(b) of the City Charter and other applicable provisions of law. Additionally, grammatical, typographical, omission and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Resolution, City Code and qualifying statement attached as Exhibit "A" may be freely made by the City Clerk in consultation with the City Attorney. City of Cape Canaveral Resolution 2023-06 Page 1 of 2 Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. 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 portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and Ordinance No. 07-2023 becoming effective. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 16th day of May , 2023. (Signature) Wes Morrison, Mayor Name FOR AGAINST Kim Davis Absent Mickie Kellum x Wes Morrison x Angela Raymond Motion Don Willis Second (Signature) Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: (Signature) Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2023-06 Page 2 of 2 SEAL OF CAPE CANAVERAL, FLORIDA Resolution No. 2023-07 Exhibit "A" CITY OF CAPE CANAVERAL P.O. Box 326. 100 Polk Avenue • Cape Canaveral, FL 32920-0326 (321) 868-1220 . www.cityofcapecanaveral.org CITY OF CAPE CANAVERAL, FLORIDA QUALIFYING STATEMENT — DOMICILE WITHIN THE CITY Any registered voter of the City of Cape Canaveral, Florida who desires to qualify as a candidate for the office of mayor and councilmember of the City of Cape Canaveral, Florida ("City Council") is hereby advised: Section 2.02(b) of Article II of the Cape Canaveral City Charter provides: "Each candidate seeking the office of the city council shall be domiciled within the city at least one (1) year immediately prior to the time of qualifying." In addition, "(t]he members of the city council shall be domiciled within the City of Cape Canaveral and shall have and possess the qualifications of registered voters of the City of Cape Canaveral. Any member of the city council who shall cease to have and possess the qualifications imposed on such office shall forfeit his or her office and said office shall immediately become vacant." For purposes of adopting and interpreting the aforementioned City Charter provision, the City Council and citizens of Cape Canaveral relied upon the meaning of the term "domicile" interpreted by Florida Courts as follows: [Domicile] is of more extensive signification and includes, beyond mere physical presence at the particular locality, positive or presumptive proof of an intention to constitute it a permanent abiding place. 'Residence' is of a more temporary character than 'domicile.' 'Residence' simply indicates the place of abode, whether permanent or temporary; 'domicile' denotes a fixed, permanent residence, to which, when absent, one has the intention of returning. 'Residence' has a more limited, precise and local application than 'domicile,' which is used more in reference to personal rights, duties, and obligations. That there is a difference in meaning between 'residence' and 'domicile,' is shown by the fact that a person may have his residence in one place while his domicile is in another. It has also been said that domicile and residence are not synonymous for the reason that a person may have more than one residence at the same time, but only one domicile. Minick v. Minick, 149 So. 483, 488 (Fla. 1933) (quoting 19 Corpus Juris 395). Accord Kevoloh v. Carter, 699 So. 2d 285 (Fla. 5th DCA 1997); In re DeFelice, 172 B.R. 130 (Bankr. S.D. Fla. 1994). City of Cape Canaveral Qualifying Statement — Domicile within the City Page 1 of 2 STATE OF FLORIDA COUNTY OF BREVARD BEFORE ME, the undersigned authority, did personally appear (print name), who, upon being duly sworn, did depose and state as follows: 1. My name is (print name), I am over the age of eighteen years and I have personal firsthand knowledge of the facts and information set forth herein. 2. I am a candidate for the City Council of Cape Canaveral in the election scheduled to be held on ; and I agree to serve on the City Council if I am elected. 3. Before signing this Qualification Statement, I have read and fully understand the aforementioned advisory regarding the qualification requirements to be a candidate to run for the office of City Council of Cape Canaveral, Florida, and if elected, to serve on said City Council. 4. I currently reside at (print street address), Cape Canaveral, Florida 32920, and represent to the City of Cape Canaveral, other candidates that may be running against me, and the citizens of Cape Canaveral that I am a registered voter of Cape Canaveral, and I am currently, and have been for at least one (1) year immediately preceding my qualifying herein, domiciled within the City of Cape Canaveral at the following address(es): . (print street address(es)) FURTHER YOUR AFFIANT SAYETH NAUGHT. (print name) Sworn to and subscribed before me by means of ❑physical presence OR online notarization, this day of , by whose address is ❑ Personally Known OR ❑ Produced Identification Type of Identification Produced: NOTARY PUBLIC City of Cape Canaveral Qualifying Statement — Domicile within the City Page 2 of 2