HomeMy WebLinkAboutO-08-09ORDINANCE NO. 0-08-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
SECTION 38-2 PERTAINING TO THE CITY QUALIFYING FEE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Charter was amended at the March 2007 election to change
the official qualifying period to 60 to 75 days prior to the general election to comply with the
State of Florida campaign reporting dates for general elections which start on the 46t"day
prior to the election; and
WHEREAS, Code of Ordinances section 38-2 on the qualifying fee provides that
payment of the fee takes place no less than 45 days prior to the election and it should read no
less than 60 days to be compatible with the new qualifying period established in the Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 38-2 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
"Sec. 38-2. Forms of petition; filing fee. The city clerk shall furnish oaths as
prescribed in section 38-1. Each candidate shall pay a qualifying fee of $25.00 to the
city clerk at the time written acceptance is filed with the city clerk. Such filing fee
shall not be refundable and shall be deposited into the general funds of the city to
help defray election expenses. The oath together with the filing fee and other forms
or documents required to be filed by candidates under Florida law shall be filed with
the city clerk, not less than 4a 60 days prior to the election date.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder
of the Ordinance shall not be affected and it shall be presumed that the City Council of the
City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the remainder of this
Ordinance without said invalid or unconstitutional provision, thereby causing said remainder
to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately.
The foregoing Ordinance was moved for adoption by Councilmember
Paternoster
Simchick
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Andrea Coy
Vice Mayor Sal Neglia
Councilmember AI Paternoster
Councilmember Dale Simchick
Councilmember Eugene Wolff
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 24tH
day of September, 2008.
ATTEST:
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Sally A. Mai , MMC
City Clerk
CITY OF ASTIAN, FLORIDA
By:
Andrea Coy, Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
4 i
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Rich Stringer, City t rney