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ORDINANCE NO, 3051-83
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 31, 02, QUALIFICATIONS FOR CANDIDACY,
OF CHAPTER 31, CANDIDATES, OF TITLE III, ELECTIONS,
OF THE CODE OF ORDINANCES, CITY OF CLEARWATER,
TO PROVIDE THAT MEMBERS OF APPOINTIVE BOARDS OR
AUTHORITIES SERVING WITHOUT SALARY NEED NOT RESIGN
TO RUN FOR OFFICE; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH TO THE EXTENT OF SUCH CONFLICT; PRO-
VIDING FOR THE SEPARABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR AN EFFECTIVE DATE
FOR THIS ORDINANCE.
WHEREAS, the Attorney General has rendered an opinion that
municipalities cannot require board members serving without salary
to resign to run; and
WHEREAS, it is necessary to correct our code to conform to
such opinion;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA;
Section 1. That subsection (a) of Section 31. 02, Qualification for
candidacy, of Chapter 31, Candidates, of Title III, Elections, of the Code
of Ordinances, City of Clearwater, be and the same is hereby amended to
read as follows;
"Sec. 31.02. Qualification for candidacy.
(a) No individual may qualify as a candidate who holds
another elective or appointive office,4salaxLi-e-c}-er
aasa1-&r4-&6)-state, county or municipal, the term of
which, or any part thereof, runs concurrently with the
term of office for which the individual seeks to qualify.
If seeking to qualify, the individual must resign his
current office at least ten (10) days prior to the first
day of the qualifying period for the office he intends to
seek. The resignation shall have the effect of creating
a vacancy in the office currently held and shall become
effective immediately, but the officer shall continue to
serve until his successor is elected and installed. No
person who serves as a member of any appointive board
or authority without salary shall be in violation of this
section b reason of holding an such office. " .-
Section 2. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
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.Ord 305.-83
4/21/83
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Section 3. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 4.,Notice of the proposed enactment of this ordinance has been
properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes.
Section 5. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING April 4, 1983
PASSED ON SECOND AND FINAL
READING AND ADOPTED., April 21, 1983
Attest:
City Clerk
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Ord 3051-..83. 4/21/83
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