Fort Walton Beach Ordinance — 2217-Amending COO Section 2.05.05 Elections to Reflect Changes in Charter — reading text

READING DATE 1st NIle 2nd a8 ORDINANCE 2217 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING SECTION 2. 05. 05, CODE OF ORDINANCES TITLED ELECTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166.021( 1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, and the City Charter. SECTION 2. FINDINGS OF FACT. WHEREAS, the City Charter has been amended at least twice since the last time the City's ordinance governing elections has been amended; WHEREAS, there are multiple conflicts between the City Charter and the existing City election ordinance; WHEREAS, the City Council deems it is in the best interest of the public to harmonize the City's election ordinance with the City Charter in order to avoid any confusion of the public; WHEREAS, a public hearing has been conducted by the City Council after due public notice. SECTION 3. RECITALS. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 4. CODE OF ORDINANCES. Section 2. 01. 5, of The Code of Ordinances of the City of Fort Walton Beach is hereby amended to read as follows with additions underlined and deletions struck through: 2. 01. 05 Elections. The office of the County Supervisor of Elections is hereby appointed as the office with responsibility to conduct City elections. It shall likewise be the responsibility of such office to serve as the Registrar for voters in the City and for qualification of the various candidates for office.  The county Supervisor of Elections shall promulgate such regulations as they consider being consistent with this Chapter and with the State Elections Code, including, specifically, the following: 1) The registration of qualified electors shall be available at the City Hall and may be conducted elsewhere within the City limits, including the County Courthouse or the County Courthouse Annex, or elsewhere as may be provided by general law. 2) The qualification of candidates for election to office within the City may be conducted within the City limits or at the County Courthouse Annex, as permitted by State law and as determined by the County Supervisor of Elections. 3) The qualification fee, as set forth in this chapter, shall be collected by the County Supervisor of Elections and shall, at the conclusion of the period permitted for qualification, be returned to the office of the City Clerk. 2. 01. 051. Preparation, Use of Forms and Procedures: The County Supervisor of Elections is hereby authorized to prepare and utilize such forms and procedures as are necessary to effect the intent of this chapter. 2. 01. 052. Council Seat Designations; Election at Large: Seats on the Council shall be numbered one ( 1) to seven ( 7) and all seats shall be held by persons elected to those seats by the electors at large as at- large representatives. In all regular elections, each person qualifying as a candidate shall qualify at- large for the seats that are up for election. , and shall run for a specific seat by its designated number. 2. 01. 053. Terms: Members of the Council and the Mayor shall serve for four-(4) year terms. calendar year 1983, pursuant to the terms and on the dates set forth in this chapter. Seats five ( 5) through seven ( 7) and the office of Mayor shall be elected during the calendar year 1985 on the dates and in the manner provided in this chapter. 2. 01. 054. Dates of Elections: Elections for members of the Council and for Mayor shall be held on the second Tuesday in March first Tuesday after the first Monday in November of each regular statewide general election year. The candidate for a particular office who receives the highest number of votes cast shall be elected to that office. In case two or more persons receive an equal and highest number of votes for the same office, such persons shall draw lots to determine  who shall be elected to the office. Duly elected Municipal Officers shall take office on April first ( 1St) next after the election. 2. 01. 055. Qualifying Dates and Fees: The qualifying dates for election to the offices of Councilmember and the Mayor shall be in accordance with Florida Statutes. fiftieth ( 50')day prior to the date of the scheduled first City election, which is further defined as not the runoff election, but not later than 12: 00 noon of the forty sixth ( 46") day prior to the date of the first primary. A qualifying fee of$ 25. 00 shall be paid to the County Supervisor of Elections to qualify for election to the Council and as Mayor. SECTION 5. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. SECTION 6. CODIFICATION. It is the intention of the Fort Walton Beach City Council that the provisions of this Ordinance shall become a part of the City' s Code of Ordinances; and that sections of this Ordinance may be renumbered or re- lettered and the word ordinance" may be changed to " chapter", " section", " article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of the same with the City Clerk. SECTION 7. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval on second reading by City Council and signature of the Mayor. Adopted: Sunt a3 i . oa. to Nic Al •o ' : or 1 Attest: Approved as t, le a form and sufficiency for the City alton Beach, only. Ff 01--........-_,--- Al4/Aill" Kim M. es, City Clerk Jeffrey L. '; s, 41417y Attorney Additions are underlined; : - - ': -.. . - -.;:::. w,t f% moi' v:. vZ R pi, OLORIDA !