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5153-91 ORDINANCE NO. 5153-91 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CHARTER OF THE CITY; PROPOSING AN AMENDMENT TO SECTION 8.04 OF THE CITY CHARTER, RELATING TO NOMINATIONS OF CANDIDATES FOR CITY COMMISSION, TO PROVIDE THAT THE QUALIFYING FEE AND PETITION CARDS ARE TO BE RECEIVED BY THE CITY CLERK NOT LESS THAN FORTY-SIX DAYS, RATHER THAN THIRTY-FIVE DAYS, PRIOR TO THE DATE OF THE ELECTION; PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON MARCH 10, 1992, IN CONJUNCTION WITH THE REGULAR CITY ELECTION IN ORDER TO SUBMIT THE PROPOSED CITY CHARTER AMENDMENT TO THE VOTERS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 8.04 of the City Charter is amended to read: ARTICLE VIII. NOMINATIONS AND ELECTIONS Section 8.04. Nominations. The names of candidates for Commission shall be placed upon the election ballot by filing of a written notice of candidacy with the City Clerk at such time and in such manner as may be prescribed by ordinance.-The ordinance shall require the payment of a qualifying fee in the amount of fifty dollars ($50.00). The candidate shall submit petition cards from not less than two hundred fifty (250) qualified voters. The qualifying fee and petition cards are to be received by the City Clerk not more than sixty (60) days nor less than forty-six (46) thirty ; days prior to the date of the election. The notice must designate the number of the seat for which the candidate is seeking election. All applications shal.1 be accompanied by an affidavit that the candidate is a qualified voter of the City and has been a resident of said City continuously for at least one (1) year immediately prior to the filing of the notice of candidacy. Where only one candidate qualifies for nomination to a seat on the Commission, then no general election shall be held with respect to the seat and the candidate shall be declared elected to the seat. Section 2. The amendment proposed by this ordinance shall take effect upon the approval thereof by the voters of the City. A special election for such purpose shall be conducted on Tuesday, March 10, 1992, in conjunction with the regular election of the City, and the proposed amendment shall be deemed approved upon the affirmative vote of a majority of the voters of the City voting at that time upon the following ballot question: s 0 0 CITY OF CLEARWATER, FLORIDA CITY CHARTER AMENDMENT The City Charter currently requires candidates for City Commission to qualify by paying fees and filing petition cards with the City Clerk not later than 35 days before a city election. Ordinance 5153-91 proposes to amend the City Charter to require candidates to qualify by paying fees and filing petition cards not later than 46 days, rather than 35 days, before an election. Shall the amendment to the City Charter be approved? Yes (for amendment) No (against amendment) Section 3. This ordinance shall take effect immediately upon adoption, except that the amendment proposed by Section 1 shall take effect when filed with the Florida Department of State, if approved by the voters of the City as provided in Section 2. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED i 1 Attest: C n is E. Gou eau Cit Clerk November 21, 1991 December 19, 1991 & 4%e" Rita Garvey Mayor-Commissioner Approved as to form and correctness: 'J'x_-, 4a?- 0, M. A. Galbraith, Jr City Attorney 2