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HomeMy WebLinkAboutResolution 2011-27 RESOLUTION NO. 2011 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CALLING FOR A SPECIAL ELECTION TO FILL A VACANCY ON THE CITY COUNCIL; ESTABLISHING THE DATE OF THE SPECIAL ELECTION AND THE CANDIDATE QUALIFICATION PERIOD; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, 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, there is currently a vacancy on the City Council, which, pursuant to Section 2.06( c) of the City Charter, must be filled by a special election; and WHEREAS, the City Council desires to formally call for the special election and to establish the date of the special election and the qualification period for interested and qualified candidates to run for the vacant Council seat; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED 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 and are deemed a material part of this Resolution. Section 2. Special Election; Qualification Period. Consistent with the requirements of Section 2.06 (c) of the City Charter, the Cape Canaveral City Council hereby calls for a special election to be held on January 31, 2012 for the purpose of filling a vacancy on the City Council. The qualifying period for candidates for the vacant Council position shall begin at 12:00 PM (noon) of the 88 day prior to the special election, and shall terminate at 12:00 PM (noon) on the 74t day prior to the date of the special election. 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 All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict.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 City of Cape Canaveral Resolution No. 2011 -27 Page 1 of 2 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 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a cial meeting assembled on this 4th day of October, 201 G ", Rocky Randels, Mayor ATTEST: For Against N1 Bob Hoog X AN ELA APP ON, City Clerk VACANT Buzz Petsos Motion Rocky Randels X Betty Walsh Second Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2011 -27 Page 2 of 2