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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 Page Iof3 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 Page 2 of 3 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 Page 3 of 3