HomeMy WebLinkAboutOrdinance No.01-1970A ".ICROFILMED
3.13.80
ORDINANCE: NO. 1 -70
AN ORDINANCE SUBMITTING TO '1111- EILECTORS
OF 'nii. CI'1'1' OF CAPE CANAVERAL. FLORIDA
PROPOSED A6IENDME'NTS -1'0 -mr FOLLOWING
PAR'I'S 01' '1'111: CI'T'Y CHARTER, TO-WIT: (a)
ARTICLE 1, SECTION 5, RELATING 'I.0 'E'11I3
ELECTION AND TERN OF OFFICE' 01' Till"
COUNCILMEN AND TIIE OFFICE 01' MAYOR; (b)
AR'T'ICLE IV, SECTION 1, RELATING TOT HE
VOTING POWER OF THE MAYOR TO LSE CONI-
MENSURATE WITII TIIAT OF COUNCILMEN; (c)
AliTIC E IV, SECTION 3, (NEW) RELA'T'ING TO
TILE SEPARATE ELECTION OF THE MAYOR, AND
IIIS'I'I:R \4 OI' OFFICE; (d) ARTICLE V, SECTION
2, RELATING TO PROCEDURE TO EXI11i1, A MEMBER
OF COUNCIL FOIL MISCONDUCT OR NL'GLECI' IN
OFFICE; (c) ARTICLE V, SECTION 4, RELATING
'10 ELECTION OF A MAYOR PRO -TEM; (f) ARTICLE
III, SECTION 4, RELATING TO VACANCY IN - 1.11L
OFFICE OF MAYOR; PROCEDURE 01' FILING
AMEND\1L'•NT UPON ADOPTION; PROVIDING AN
EFFECTIVE DATE.
Will"RL'AS, the Chatter of the City of Cape Canaveral, Florida
became a haw of the State of Florida on May 16, 1963, and is known as
Chapter 63 -1197, Laws of Florida, and
WI AS, pursuant to Chapter 69 -242, Florida Statutes, the
governing body of any municipality may, by Ordinance passed by a
three /fifths (3/5) majority of its governing body, submit to the electors
of the City proposal amendments to its Charter, and
WHEREAS, the Council of the City of Cape Canaveral, Florida,
by it unanimous vote desires to submit to the electors amendments
to Article 1, Section 5; Article IV, Section l; Article IV, Section 3
(new); Article V, Section 2; Article V, Section 4; and Article 111,
Section 4.
NOW, TTIEREI'ORE Ill? IT ORDAINED BY TILE CITI' COUNCIL
OF TIIH CITY OF CAIT CANAVERAL., FLORIDA, as follows:
SECTION 1: '111c following amendments to the Charter Of the City
or Cape Canaveral, Florida, known its Chapter 63-1197, Laws of Florida,
shall be submitted to the electors of the City of Cape Canaveral, Florida,
on its general ci[v election, to he held on June 2, 1970, to -wit:
OR I-`
PAGE / OFIf
MICROFILMED
3.13.80
(a) AR'I'ICLL' 1, SliCTION 5, shall be amended by the
addition of the following language, to -wit.
"Commencing with the general ciry election held in
1971, two councilmen shall be elected for a period
of three (3) years; commencing with the general city
election in 1972, two council men shall be elected for
a period of three (3) years; thereafter each council-
man elected shall serve for a term of three (3) years,
or until his successor shall be elected and qualified.
Commencing with the general city election in 1971,
the office of Mayor shall be elected with the candidate
for Mayor receiving the highest votes, serving for
two (2) years. In the general city election in 1973,
the office of MhUr shall be elected for a period of
three (3) years; thereafter the Mayor elected shall
serve for a term of three (3) years or until his successor
shall be elected and qua lifial. "
(b) ARTICA- IV, SIECTION 1, shall be amended by the
deletion of the following words, to -wit:
"the Mavor shall cast the deciding vote on any issue
before tine council which has resulted in it tic vote.
'line wrote shall be cast at the saute meeting at which
the council votes. "
and by the addition of the following words, to -wit:
"the Mayor shall vote on issues coming before Elie
council as if he were a councilman."
(c) ARTICLE' IV, shall be amended by the addition of a
new section, SEC'T'ION 3, containing the following language, to -wit.
"SECTION 3
'line office of Mayor shall be elected commencing
-2- OR 1-70
PAGE R, OFO
M�C%6LMED
with the general city election fn 1971, and the candidate
receiving the highest number of votes shall serve for
it period of two (2) years; commencing with the general
city election in 1973, the Mayor shall he elected for it
term of three (3) years and thereafter the Mayor elected
shall serve a three (3) year term or until his successo-
shall be elected and qualified. "
(d) ARTICLL' V, SECTION 2, shall be amended by the
deletion of the word "two- thirds" and substituting In its place the words,
"four- fifths ".
(c) AR'1'1CL1: v, si:CTION d, shall be amended by the
addition of the following, to -wit:
"Commnehcing will, the general city election In 1971,
the City Council shall annually elect from its membership
a Mayor Pro -tern, who shall act as the Mayor in the
Mayor's absence. "
(f) ARTICLE III, SECTION d, shall be ,intended by the
deletion of the last sentence of the paragraph, to -wait:
"If there shall be a vacancy in the office of Mayor,
the Mayor Pro Tom shall fill that office until a
successor to the Mayor Is elected by the City Council. "
and the addition of the following, to -wit
If there shall be it vacancy in the office of Mayor,
the Mayor Pro Tent shall serve as Mayor until the
next general election of the City, at which tittle an
election shall be held for the unexpired tern, of the
Vacated office of Mayor. "
SE''C'1'ION 2: Upon adoption of all of the proposed aunendmeits
to the Charter of the Cinv of Cape Canaveral, Florida, by a majority of
the electors voting in the referenda, as set out In Section 1, above, the
PAGE 3 OF*
MICROFILMED
3.13.80
City of Cape Canaveral, Florida shall have the Amendments incorporated
in the Charter and shall file the revised Chatter with the office of the
Secretary of State, at which time the revised Charter shall take
effect.
SUCTION 3: 'Ihis Ordinance shall take effect and be enforced
immediately upon Its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 21 day of April, 1970.
!71 IM
171=011 11-11"
Attest:
City Clerk G
-Appr ved as to Form:
i
City Attorney
First Reading: April 7, 1970
Posted: April 8, 1970
Second Reading: April 21, 1970
a_ OR 1.70
PAGE V 0FIf
- A4.I1CROFILMED Ct�
3.13 -80 �{
ORDINANCE NO. 1 -70
AN ORDINANCE SUBMITTING TO 'm ELECI'pitS
OF 11113 CITY OF CAPE CANAVERAL, FLORIDA,
PItOP0513D AME"NDNIHNTS '1'0 TIIE FOLLOWING
PARTS OF '111F CITY CHARTER, TO -WIT: (a)
ARTICLE 1, SECTION 5, RELATING TO TIIE
L'LECTION AND TERM OF OFFICE' 01° THE COUNCIL
MEN AND TIIE O1 -"I ',ICE OF MAYOR; (b) AR'T'ICLE 1V,
SECTION 1, RELATING TO TIIE VOTING POWER OF
THE MAYOR TO RE COMMENSURA'T'E \vi'm MAT OF
COUNCII.MI3N; (c) ARTICLE-IV, SECTION 3 (NEW)
RELATING TO'nIC" SEPARATE ELECTION OF THE
MAYOR, AND HIS TERM OF OFFICE; (d) ARTICLE
V, SECTION 2, III- LA'l'ING 1'0 PROCEDURE TO EXPEI.
A MEMBER OF COUNCIL 1 -011 MISCOMDUCT Olt NEGLEC'E'
IN OFFICE'; (e) ARTICLE V, SECTION 4, RELATING '117
I -.-Lt'C'I'ION OF A MAYOR PRO -E'L'M; (f) ARTICLE' XIII,
SEC'T'ION 5, RELATING '1'0 E\TE'NDING POLICE JURIS-
DICTION IN ORDER TO SI3RVE WARRANTS AND MAKE
ARRESTS ANYWHERE IN THE STATE OF FLORIDA:
PROCEDURE' OF FILING AMI3NDMENT UPON ADOP'T'ION;
PROVIDING AN C'FFECTIVI, DATE.
WI[EREAS, the Charter of the City of Cape Canaveral, Florida
became a law of the State of Florida on May 16, 1963, and is known as
Chapter 63 -1197, Laws of Florida, and
\VI11311C'AS, pursuant to Chapter 69 -242, Florida Statutes, the
governing body of any municipality may, by Ordimreepassed by a three/
fifths (3/5) majority of its governing body, submit to the electors of
the City proposed amendments to its Charter, and
W11C'RE'AS, the Council of the City of Cape Canaveral, Florida,
by a unanimous vote desires to submit to the electors aniendnletts
to Article 1, Section 5; Article IV, Section 1; Article IV, Section 3 (new);
Article V, Section 2; Article V, Section 4; and Article \III, Section 5.
NOW, THEREFORE 1LE IT OItDAIN13D BY THE CU)' COUNCIL OF
TIIE:
CITY OF CAPE CANAVERAL, FLORIDA, as follows:
SECTION 1: Mic following amendments -to the Charter of the City
of Cape Canaveral, Florida, known as Chapter 63-1197, Laws of Florida,
shall be submitted to the electors of the City of Cape Canaveral, Florida,
on its general city election, to be held on June 2 , 1970, to -wit:
WCROFILMED
_ .
3.13-80
(a) AR'T'ICLE 1, SUCTION 5 shall be amended by the
addition of the following language, to -wit.
"Commencing with the general city election held In
1971, two councilmen shall be elected for a period
of three (3) years; comniurPing with the general city
election in 1972, two councilmen shall be elected for
a period of three (3) years; thereafter each council-
man elected shall serve for a term of three (3) years,
or until his successor shall be elected and qualified.
Commencing with the general city election In 1971,
the Office of Mayor shall be elected with the candidate
for Mayor receiving the highest votes, serving for
two (2) years. In the general city election In 1973,
the office of Mayor shall be elected for a period of
three (3) years; thereafter the Mayor elected shall
serve for a term of three (3) years or until Iris successor
shall be elected and qualified. "
(b) ARTICLE IV, SUCTION 1 shall be amended by the
deletion of tine following words, to -wit:
"the Mayor shall cast the deciding vote on ally Issue
before the council which has resulted in a tic vote.
The vote shall be cast at the same nneeting at which
the council votes. "
and by the addition of the following words, to -wit:
"the Mavor shall vote on issues conning before the
council as if he were a councilman.
(c) ARTICLE IV shall be amended by the addition of a
new section, SECTION 3, containing the following language, to -wit:
"SECTION 3:
-2-
,-.MICROFILMED
f._,. 3.13.80
"'Ilse office of Mayor shall be elected commencing
with the general city election in 1971, and the candidate
receiving the highest number of votes shall serve for
a period of two (2) years; commencing with the
general city election in 1973, the Mayor shall be
elected for n term of three (3) years and thereafter
the Mayor elected shall serve a three (3) years term
or until his successor shall be elected and qualified. "
(d) ARTICLE V, SUCTION 2 shall be amended by the
deletion of the word "two- thirds" and substituting in its place the words,
" four - fifths .
(e) ARTICLE V, SECTION 4, shall be amended by the
addition of the following, to -wit-.
"Commencing with the general city election in 1971,
the City Council shall annually elect from its membership
a Mayor Pro-tem, who shall act as the Mayor in the Mayor's
absence."
(f) ARTICLE \III, SECTION 5, shall be amended by the
addition of the following, to -wit:
"In addition, when warrants are properly issued,
the Chief of Police, or his deputy, shall have the
power and authority to serve same and make :wrests
for violations of any City Ordinance anywhere in the State
of Florida."
SECTION ION 2: Upon the adoption of the amendments or any One
or more of the proposed amendments to the Charter of the City of Cape
Canaveral, Florida, by it majority of the electors voting in the refer-
endum as set out in Section 1, above, tite Council of the City of Cape
Canaveral, Florida shall have the Amendment or Amendments incorporated
CM
1
MICROFILMED
. _..._._
3-13-BU
in the Charter and shall file the revised Charter with the office of
the Secretary of State,' at which time the revised Charter shall take
effect.
SIiCTION 3: '111is Ordinance shall take effect and be enforced
Immediately upon its adoption.
ADOP'rl -l) by the City Council of the City of Cape Canaveral,
I?lorlda; this day of April, 1970.
Attest:
City Clerk
Approved as to Form:
City Attorney
First Rending: April 7, 1770
Posted: April 8, 1970
Second Reading:
MAYOR
-4-