RESOLUTION 2011-___

Approval of Canvassing Report

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PALM COAST, Florida, PROVIDING FOR THE ACCEPTANCE AND CERTIFICATION OF THE RESULTS OF THE 2011 PRIMARY ELECTION AS CANVASSED AND REPORTED BY THE CANVASSING BOARD OF THE City OF PALM COAST; PROVIDING FOR A DETERMINATION AS TO THE WINNING CANDIDATE IN THE MAYORAL RACE AND CHARTER AMENDMENT RESULTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Section 8 of the City of Palm Coast Charter pertains to the City of Palm Coast elections; and

WHEREAS, Section 8(7) of the City of Palm Coast Charter outlines the City Canvassing Boards duties and responsibilities in a City election; and

WHEREAS, the City of Palm Coast Canvassing Board has canvassed the votes cast at the City’s Primary Election held on September 13, 2011, as counted by the Flagler County Supervisor of Elections, and has reported the results of that election to the City Council; and

WHEREAS, the provisions ofthis Resolution implement the power and the right of the City Council to be the sole judge of the elections and qualifications of its members.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM COAST, FLORIDA, AS FOLLOWS:

SECTION 1. Results of Primary Election of September 13, 2011.The City Council of the City of Palm Coast hereby accepts the Certificate of the Canvassing Report (Exhibit A attached) as the results of the 2011 Primary City Election, as provided to the City Council by the City of Palm Coast Canvassing Board and hereby certifies that the results as correct.

SECTION 2. Effect of Certification/Results of Election.

The City Council hereby finds and concludes the following:

  1. The votes cast by the electors of the City of Palm Coast voting at the Primary Election re-elected Jon Netts as Mayor who shall take office in accordance with the provisions of Section 8(6)(b) of the City Charter of the City of Palm Coast:.
  2. The Amendment to the City Charter which will change City elections from odd years to even years was approved by a majority of the votes cast and therefore shall take effect immediately following the 2011 General Election.

SECTION 3. Conflicts. All resolutions or parts of resolution in conflict with this Resolution are hereby repealed.

SECTION 4. Severability. If any provisions of this Resolution or the application thereof to any person or circumstance are held invalid, the remainder shall nevertheless be given full force and effect, and to this end the provisions of this Resolution are declared severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately upon its passage and adoption.

DULY PASSED AND ADOPTED by the City Council of the City of Palm Coast, this 4th day of October 2011.

CITY OF PALM COAST, FLORIDA
ATTEST: / Jon Netts, Mayor
Virginia A. Smith, City Clerk

Attachment:

Exhibit “A”: Canvassing Board Certification Report

Approved as to form and legality

William E. Reischmann, Jr., Esq.

Resolution 2011-_____

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