HomeMy WebLinkAboutO-22-05 Amending Qualifying PeriodORDINANCE NO.0-22-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN
CODE OF ORDINANCES CHAPTER 38 ELECTIONS; PROVIDING
SEC. 38-2 FORMS OF PETITION; FILING FEE, AMENDING THE
QUALIFYING PERIOD; PROVIDING FOR SEVERABILITY,
PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS,
PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Last year, the Indian River County Supervisor of Elections asked the
municipalities to establish a uniform qualifying time frame to accommodate the printing of
Vote -by -Mail ballots; and
WHEREAS, The electorate of the City of Sebastian agreed to change the City's
qualifying period to at least eighty-one (81) days but no more than ninety-six (96) days prior
to the day of election at the November 8, 2021 election; and
WHEREAS, The City's Code of Ordinances needs to be amended to coincide with the
2021 Charter Amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. THE CODE OF ORDINANCES CHAPTER 38 ELECTIONS IS HEREBY
AMENDED 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 eighty-one (81) days but no more than ninety-six (96) days prior to the election
date.
Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine
that any part of this Ordinance is invalid, 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
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such invalid provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
Sebastian City Council that the provisions of this ordinance shall become and be made a part of
the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be
renumbered or re -lettered and the word "ordinance" may be changed to "section;' "article;'
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 5. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized
by the City Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the
City Council.
The foregoing Ordinance was moved for adoption by Council Member jcn
The motion was seconded by Council Member Nunn and, upon being put to a
vole, the vote was as follows:
Mayor Jim Hill
aye
Vice Mayor Fred Jones
aye
Council Member Christopher Nunn
aye
Council Member Ed Dodd
aye
Council Member Bob MCFartlan
absent
The Mayor thereupon declared this Ordinance duly passed and adopted on this 23ffi day
of March 2022.
CITY OF SEBASTIAN, FLORIDA
Jimlffiray&
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ATTEST:
Approved as to forin and legality for
Relianceb Cit basti only:
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Williams, City Clerk