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2006-06 ORDINANCE NO. 2006-06 AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS", BY AMENDING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS", BY AMENDING PARAGRAPH (C) TO REVISE DATE OF COMMENCEMENT OF THE TERM OF OFFICE FOR REGULAR TERMS OF THE MAYOR AND COMMISSIONERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. pursuant to Charter Amendment election, which was held on March 21, 2006, the electors of the City have amended the City Charter to eliminate run-off elections for mayor and commissioner; and WHEREAS, it is necessary to amend the City Code provisions concerning the commencement of the term of office of elected officials so as to conform to the above- described Charter amendment. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section I. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. City Code Amended. That Section 26-32 "Commencement of Term of Elected Officials" is hereby amended by revising paragraph (c) to read as follows:! Sec. 26-32. Commencement of term of elected officials. II Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing City Code text are indicated by strikelllraugil; presently existing text is indicated by the absence of any underlining or strikathraugils. Ordinance No. 2006-06 Page 2 (a) The next regular term of office for Commission seats I, 3, and 5, which expire on March 16, 1999, shall commence on March 17, 1999, following the regular election. (b) The next regular term of office for Commission seats 2, 4, and 6, and for Mayor, which expire on March 20, 2001, shall commence on March 21, 2001, following the regular election. (c) Except as provided in subsection (a) and (b) above, the term of office for regular terms of the Mayor and Commissioners shall commence upon the third day after the third Tuesday in March subsequent to the occurrence of the election to fill the next regular term of office for the respective Mayoral or Commission seat. Notwithstanding the above-stated provisions of this paragraph (c), commencing with the 2007 election cycle. the term of office for regular terms of the Mayor and Commissioners shall commence upon the third day after the first Tuesday in March subsequent to the occurrence of the election to fill the next regular term of office for the respective Mayoral or Commission seat. Section 3. Severabilitv. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of A ventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "0 rdinance" shall be changed to "Section" or other appropriate word. 2 Ordinance No. 2006-06 Page 3 Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Diamond, who moved its adoption on first reading. This motion was seconded by Vice Mayor Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Harry Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stem yes Vice Mayor Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner Auerbach, who moved its adoption on second reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Harry Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stem yes Vice Mayor Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes 3 . Ordinance No. 2006~ Page 4 PASSED AND ADOPTED on first reading this 2nd day of May, 2006. PASSED AND ADOPTED on second pproved r tO~;;;f;;:fficienCY: City Attorney 4 --^--- .-..------..----...---..----T""'-..-......,........---"-.-."T~...---.---.-.. .-~--.--.~------- --'"'T