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Home My WebLink About2002 08 12 Public Hearings C Candidate Qualification Period ~ -,:)en( oy: Onun'I'iJ\"VJ4.nUJv~LLIYIMI\lo;r"'CJ.v0Jr.t"\., ....Ul ~t::.;'; =:JJ:JU, _u~-~-vc ~.U;.;rl~J rctyt: .:::. COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular ADD-ON \~ August --t 2002 Meeting ~ :gj9!O ~' Mgr. / Att, / Dcpt. REQUEST: Consider an ordinance to amend section 2-87 of the City Code relating to the candidate qualification period. PURPOSE: The City Code provides the candidates for office shall qualify by filing an application and pay the qualifying fee, as provided in Section 2-87, between the first day of September and the fifteenth day of September, during which the office shall be open for qualifying for election, Currently, Section 2-87 does not make any provision for when qualifying ends on a weekend or holiday In Year 2002, ' qualifying ends on a weekend day. The Code should expressly provide direction when this situation occurs to avoid confusion. To clarify Section 2-87, this Ordinance would expressly establish the days and times the City Clerk's office shall be open for qualifying, The Ordinance also provides for the extension of the qualifying period to the next business day where the period ends on a weekend or holiday, such as will occur this year (September 15, 2002 is a Sunday). Page 1 of 2 , ~int dY: dHUWN,WAHU,~ALLMAN&Wtl~~,~.A. i 4UI 4~~ ~~~oi MUg-~-U~ ~:u~rMi rC:i,jt:: .:lIO APPLICADLE LAW AND PUBLIC POLICY: Section 2(b), Article VIII, of the State Constitution. Section 8.03 of the City Charter Section 2-87 of the City Code Section 100.3605, Florida Statutes CONSlDERA TIONS: By amending the code, as provided in the attached Ordinance, the Commission clarifies for al1 candidates when qualifying may occur. STAFF RECOMMENDATION: The City Clcrk and City Attorney recommend the City Commission approve this Ordinance on First Reading and schedule this ordinance for second reading and public hearing at the City Commission's August 26, 2002 meeting ATTACHMENT: Ordinance No, 2002-25 COMMTSSION ACTION: f :\Do'$\CllY of Will1u Spci.llg~it\g~lId~ \,\gcruM.ll<.lc.lOnC. Qusli.JicsllU1l Pr<JCc<.!ur"", wpd Page 2 of 2 \' ",,' Sent By: BROlVN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Aug-~-U~ 4:U~~Mj ~3ge 4/6 ORDINANCE NO. 2002-2~ AN ORDINANCE OF THE CTTV COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO ELECTIONS; THE QUALTFICATION PERJOD FORMA YOR AND CITY COMMISSION; PROVIDING FOR THE EXTENSION OF THE QlJALlFICA TION PERlOD FOR CANDIDATES WHERE THE QUALIFiCATION PERIOD ENDS ON A WEEKEND OR HOLlDA Y; PROVIDING FOR THE REPEAL OF PR10R INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVTD1NG FOR SEVERABJLT1Y; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under 9 2(b), Art. VIII of tht: State Constitution, to exercise any po\ver for municipal purposes, except when, expressly prohibited hy law; and WHEREAS, the City Commission desires to clarify when the qualification of candidates shall take place, and provide for an extension of time to qualify if the qualifying period ends on a Saturday, Sunday, or holiday; and WHEREAS, the City Commission of the City of Wintt:r Springs. Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare oflhe citizens of Winter Springs. . NOW, THEREFORE, THE CITY COMMISSION OF THE em' OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. The City of Winter Springs Code, Section 2-87 is hereby amended as follows: (underlined type indicates additions and sh;k.~out type indicates deletions, while asterisks (.. ,. *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the lanbruage existing prior to adoption of this Ordinance) Chapter 2 - Administration City of Wil\l~r Spring.~ Ordinance No. 2(l(12-25 1'3&~ I of 3 i' ~ . -i:)t::I'1.. oy. Onun'I'4,n'l-\nU]v.u.I-~I'/IJ-\nO'.V'lc.J.vv,r.J"L, ,+UI Ltc::.:J :;':.J:::JU, _l..ollj -::J-vC "'T. V..J1 l'tl) I ~~I;: ~, I.J ill ill * Article IV Elections * * * Sec. 2-87 Qualifications of candidates. Each candidate seeking the offiee of city commissioner or mayor or any other elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city commissioner or mayor of any other elective office of the city shall have residcd in the city one (1) year prior to the time of qualifying, Each candidate seeking the office of city commissioner shall be a resident of a designated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the lime of qualifying. Notwithstanding the abov~ r~quirement, city commissioners shall run at large as commission candidates under district designation. All candidates for office in municipal elections shall be registered and qualified electors of the city at the time of lheir qualifying as a candidate with the city clerk and shall file an application designating the office for which he/she is a candidate and pay the qualifying fee provided for in section 2-88, Such application shall be filed and the qualifying fee paid between the first day of September and the fifteenth day of September, during which the office shall be open Monday through Friday, 9:00 A.M, to 5:00 P.M, for qualifying for election. Where the Qualifying period ends on a Saturday, Sunday, or a holiday. the Qualifying period shall be extended until 5:00 P,M. the next regular business day, Section 3, Repenl of Prior Inconsistent Ordinances and Resolutions, AJl prior inconsistem ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent ofthe conflict. Section 4, Incorporation Tnto Code, This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing, Section 5. Severabilit.y. Tf 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. Section 6. Effective Date, This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and as pruvid~d by City Charter. City of Winter Sprillg~ OrdlIlance No. 2002-25 Pug. 2 of J , ~ ~e'nl: tly: tlHUI"IN I VVAi1U I ;)I-\LLr;J"'I'o.nC Luu I r. H. I ~u, """c:.-I .:1..J~H"'" . .....::;, -' -- ADOPTED by the City Commission ufthe City of Winter Springs, Florida, in a regular meeting assembled on the _._ day of , 2002. PAUL P. PARTYKA Mayor A TT.I!:ST: ANDREA LQRENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: --.- Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: f:\Docs\CiI)' of Winter Spril18l'\( )rdin1I1c.;.\',Qu~lili'.liun Period, "'rd City ofWillkr Spring3 Ordinance No, 2002-25 r'g~3uf4