ORDINANCE NO.2011-_____
AN ORDINANCE OF THE CITY OF PALM COAST, FLORIDA, SUBMITTING TO THE ELECTORS OF PALM COAST A PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF PALM COAST AT THE CITY OF PALM COAST MUNICIPAL ELECTION TO BE HELD IN 2011; PROVIDING FOR A REVISION TO SECTION 8, ELECTIONS, SUBSECTIONS (3) QUALIFYING FOR OFFICE AND (4), SCHEDULE FOR REGULAR ELECTIONS AND PRIMARIES; PROVIDING BALLOT TITLE, SUMMARY AND TEXT FOR THE PROPOSED AMENDMENTS; PROVIDING FOR THE CALL OF A REFERENDUM ELECTION; PROVIDING FOR DIRECTION TO THE CITY CLERK; PROVIDING FOR ADJUSTMENT OF INCUMBENTS’ TERMS; PROVIDING FOR CONFLICTS, SEVERABILITY; AND AN EFFECTIVE DATE FOR APPROVED AMENDMENTS; PROVIDING FOR CODIFICATION AND EFFECTIVE DATE FOR THE ORDINANCE.
WHEREAS, the current City Charter, Section 8, Elections, Subsection (4), Schedule for Regular Elections and Primaries provides that City elections are to be held in odd-numbered years; that if there are more than two candidates for a City Council Election, then a primary City election is to be held on the first Tuesday after the second Monday in September, in odd-numbered years; thereafter the general City elections are held in the corresponding November of each odd-numbered year; and
WHEREAS, the current City Charter Section 8, Subsection (3), similarly provides that qualifying for elections are also to be held in odd numbered years; and
WHEREAS, State and Federal elections are held in even-numbered years; and
WHEREAS, the City Council of the City of Palm Coast finds that it is in the best interest of the voters and the electorate within the City of Palm Coast to amend the City Charter to have primary and general City elections correspond to the scheduling of State and Federal elections for financial savings and for the convenience of the election process; and
WHEREAS, Section 166.031, Fla. Stat., provides that the governing body of a municipality may, by ordinance, submit to the electors of said municipality proposed amendments to its Charter, which amendments may be to any part or all of its Charter, except that part describing the boundaries of such municipality; and
WHEREAS, the City Council of the City of Palm Coast finds it to be in the best interest of its citizens to submit said proposed Charter amendments to the voters at the primary City election to be held this September, 2011, or at the general City election this November, if there is no primary election.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY PALM COAST, FLORIDA, AS FOLLOWS:
SECTION 1.Referendum Election. The City Council of the City of Palm Coast, Florida, pursuant to Section 166.031 Florida Statutes, hereby proposes and approves an amendments to the Charter of the City of Palm Coast, which proposed amendments and complete text thereof, as amended, are set forth in Section 2 below. The text of the amendments reflects the proposed changes by showing additions with underlining and deletions with strike through type. Such election shall be held in conformity with the laws of the State of Florida. The Supervisor of Elections of Flagler County is hereby requested to coordinate all matters of said referendum election with the City Clerk. The proposed Charter amendments shall be submitted to the voters at the primary City election to be held on the first Tuesday after the second Monday in September, 2011; and should there not be a primary City election, then this Referendum Election shall be held at the general City election to be held on the first Tuesday after the first Monday in November, 2011.
SECTION 2. Amendments to City Charter, Section 8, Elections, Subsection (3), Qualifying for Office and Subsection (4), Schedule for Regular Elections and Primaries.The ballot title, question and proposed Charter change is as follows:
City Charter Amendment:
AMEND DATES FOR GENERAL AND PRIMARY CITY ELECTIONS TO CORRESPOND WITH STATE ELECTIONS:
In order to provide savings in the cost to conduct City elections and enhance voter turnout, should the Charter be amended to schedule regular elections to correspond with State elections and primaries, to be held in even-numbered years; and to reschedule candidate qualifying accordingly?
Yes ______
No ______
Section 8, Elections.
(3)Qualifying for Office: Any person who wishes to become a candidate for a City elective office shall qualify with the city Clerk no sooner than 45 calendar days nor later than 35 calendar days prior to the second Tuesday in September of each odd-numbered even numbered year. In addition, candidates shall qualify as provided in paragraph (1)(b) of section 5.
(4)Schedule for Regular Elections and Primaries:
The regular City election shall be the first Tuesday after the first Monday in November of each odd-numberedodd-numbered even-numbered year. Such City elections shall be general City elections. If there are more than two candidates who qualify for any office, a primary City election shall beheld on the first Tuesday after the second Monday in September.
SECTION 3. The City Clerk is hereby directed to ensure that all advertising, translation and notice requirements are complied with and to coordinate all activities necessary to conduct the referendum election called in Section 1 of this Ordinance with the Supervisor of Elections for Flagler County.
SECTION 4. The proposed amendment, the ballot title and the wording of the substance of the proposed amendment to the Charter, as contained in this Ordinance, shall appear on the ballot in the form of a question as set forth in Section 2 of this Ordinance.
SECTION 5. Transition Assuming Approval, by Referendum, of Amendment to Section 8, Elections, (4), Schedule for Regular Elections and Primaries, of the Charter.
(A)Pursuant to Section 5 of the City Charter, the Mayor and the Council members to be elected from Districts One and Three, shall stand for this election year, 2011. Pursuant to Section 5 of the City Charter, their terms are four (4) years which would thereby expire in 2015. The next City election thereafter, pursuant to the City Charter, if amended hereby by the voters of the City of Palm Coast, shall be held in 2016. The City Council of the City of Palm Coast hereby extends the terms of the Mayor and the Council members to be elected from Districts 1 and 3 in the City election, this year, 2011, until the City election to be held in the year of 2016, should the City voters approve this proposed Referendum.
(B)Pursuant to Section 5 of the City Charter, the Council members’, elected from Districts Two 2 and Four 4 in 2009, terms are four years expiring in 2013.The City election thereafter for Districts 2 and 4, pursuant to the City Charter, if amended hereby by the voters of the City of Palm Coast, shall be held in 2014. The City Council of the City of Palm Coast hereby extends the terms of the Council members elected from Districts 2 and 4 in the 2009 City election, until the City election to be held in the year of 2014, should the City voters approve this proposed Referendum.
SECTION 6. Codification. It is the intention of the City Council of the City of Palm Coast, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Palm Coast, that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; that the word, Ordinance may be changed to “Section”, “Article”, or other appropriate word.
SECTION 7. Conflicts. All Ordinances and Charter provisions or parts of Ordinances and Charter provisions in conflict herewith are hereby repealed.
SECTION 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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. Further, the lack of approval by a majority of electors of one or more separate amendments to this Charter, as set forth in Section 2 herein, shall not be deemed to affect the validity of any amendments that may be approved by a majority of the electors.
SECTION 9. Effective Date of Ordinance. This Ordinance shall take effect immediately upon its final passage and adoption.
SECTION 10. Effective Date of Charter Amendments. The revised Charter provisions proposed for approval in this Ordinance shall become effective upon their approval at a referendum election of the electors of the City of Palm Coast in accordance with Section 166.031, Florida Statutes, and Section 10___ of the City Charter. If the electors reject an the amendments, the rejected amendments shall not take effect.
Approved on first reading this 15th day of March 2011.
Adopted on second reading this 5thday of April2011.
CITY OF PALM COAST, FLORIDA
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Jon Netts, Mayor
ATTEST:
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Virginia A. Smith, City Clerk
ORDINANCE 2011-______
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