HomeMy WebLinkAboutOrdinance No. 08-2008ORDINANCE NO, 08-2008
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 269 ELECTIONS, OF THE
CODE OF ORDINANCES; CHANGING THE QUALIFYING
PERIOD FOR CANDIDATES FOR THE OFFICES OF THE
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, the Brevard County Supervisor of Elections now requires that all qualifying
for municipal candidates be complete and submitted to the Brevard County Elections Office no later
than August 22, 2008 the 74th day prior to the general election; and
WHEREAS, under sections 26 -3 of the Cape Canaveral Code of Ordinances, the qualifying
period for candidates for the offices of the Mayor and City Council are inconsistent with the Brevard
County Supervisor of Elections' deadline; and
WHEREAS, the City Council desire to amend the City's qualifying periods to be consistent
with the requirements of the Brevard County Supervisor of Elections and to allow the City Clerk's
office an adequate time period to compile and transmit to the Brevard County Supervisor of
Elections all information pertaining to candidates seeking election to municipal office; 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.
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. Chapter 26, Elections, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
OULIAX type indicates deletions, while asterisks (* * *} indicate a deletion from this Ordinance of
City of Cape Canaveral
Ordinance No. 08 -2008
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text existing in Chapter 26, Elections. It is intended that the text in Chapter 25, Elections denoted
by the asterisks and set forth in this ordinance shall remain unchanged from the language existing
prior to adoption of this ordinance):
CHAPTER 26. ELECTIONS
Sec. 26 -3. Qualifying period —Generally.
The qualifying period for candidates for the offices of the 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.
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.
Section 6. Effective Date. This ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 08 -2008
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 1 st day f Jul
2008.
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ROCKY LS, Mayor
ATTEST:
W46 OM
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SUSAN STILL oitV Clerk
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
C. Shannon Roberts
For Against
X
Second
X
Motion
First Reading: June 17, 2008
Legal Ad published: June 21, 2008
Second Reading: July 1, 2008
Approved to legal form and sufficiency for
the City f Ca e Canaveral only:
A6 THONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 08 -2008
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