HomeMy WebLinkAboutOrdinance No. 09-2015 ORDINANCE NO. 09-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD COUNTY, FLORIDA;
AMENDING SECTION 2-26 OF THE CITY CODE REGARDING
CITY COUNCIL ELECTIONS TO FILL COUNCILMEMBER
VACANCIES; PROVIDING FOR CONFLICTS, SEVERABILITY,
INCORPORATION INTO THE CODE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, Article VI of the City Charter provides for at-large elections of the mayor and
members of the City Council, and Section 2.06 of the City Charter provides for the filling of
vacancies on the City Council; and
WHEREAS, the City Council desires to amend Section 2-26 of the City Code for purposes
of modifying the manner in which persons are elected to fill vacancies on the City Council during
years in which there is a scheduled mayoral election so that the election of mayor shall remain a
stand-alone election; and
WHEREAS, it is the intent and purposes of this Ordinance to preserve the elector's ability
to elect a mayor separate and apart from electing persons to serve as a councilmember; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Section 2-26 of the City Code. That Section 2-26 of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: Lunderlined type
indicates additions and stfikeeut type indicates deletions)
Sec.2-26.-Elections.
All powers and duties of the city specified in the City Charter in the general laws
of the state are vested in the city council. The city council is comprised of five
members who are elected at large by the registered electors of the city. Two
members are elected each year to three-year terms from a single ballot based on
City of Cape Canaveral
Ordinance No.09-2015
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the two candidates receiving the greatest number of votes, except on every third
year only one member, who is also the mayor, is elected to a three-year term.
Further, should any general election include the election of a council person due
to a vacancy in that office pursuant to article II, section 2.06, of the Charter, then
the unexpired term shall be filled by the candidate receiving the third-greatest
number of votes, or - - . . . - - in third-year elections
involving only the mayor, the election to the fill the vacancy shall be by separate
ballot. Should more than one vacancy be filled at the election, then those
receiving the greatest number of votes shall be declared elected for the longest
terms. In the event that two or more persons receive an equal and highest number
of votes for the same office, such persons shall draw lots to determine who shall
be elected to the office in question per Section 100.181, Florida Statutes.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[Adoption Page Follows]
City of Cape Canaveral
Ordinance No.09-2015
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ADOPTED,by the City Council of the City of Cape Canaveral, Florida, this 22nd day of
September, 2015.
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o ROCKY RA'NDELS, Mayor
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ATTEST: ':, For Against
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�� rye, l.e John Bond X
AN ELA APPity Clerk Bob Hoog Second
Buzz Petsos Motion
Rocky Randels X
Betty Walsh Absent
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
A IAA° .A4b , s . e_
H i N A GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.09-2015
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