HomeMy WebLinkAboutOrdinance No. 08-2006ORDINANCE NO. 08-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 26, ELECTIONS, OF THE
CORE 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; REPEALING
QUALIFICATION PERIOD REQUIREMENTS FOR WRITE -
IN CANDIDATES; 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 V111, 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 September 4, 2006, the 64th 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, write -in candidates for municipal office may qualify for election anytime
during the regular qualification period established by the City Code; 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 seeping 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
City of Cape Canaveral
Ordinance No. 08 -2006
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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
type indicates deletions, while asterisks (* * *) indicate a deletion from this ordinance of text
existing in Chapter 26, Elections. It is intended that the text in Chapter 26, 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 81st day prior to the general election and no later than 12:00
noon of the 67th 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. Severahility. 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.
City of Cape Canaveral
Ordinance No. 08 -2006
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Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,Florida,this 20th day o June
2006.
aG ,\ ■
RO CKY RANDELS, Mayor
ATTEST: For Against
Burt Bruns _x
,. Bob Hoog Second
Leo Nicholas x
SUSAN STILLS,City Clerk Rocky Randels Motion
Buzz Petsos _x
First Reading: June 6,2006
Legal Ad published: June 10,2006
Second Reading: June 20,2006
Approved . to legal form and sufficiency for
the Ci •f C ,averal only:
IOW
ANTHONY A. GARGANESE, City Attorney
C C
City of Cape Canaveral
Ordinance No.08-2006
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