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HomeMy WebLinkAbout1985 City CharterOFFICIAL RECORD DO NOT REMOVE Charter Microfilmed on 3-27-80- Also Microfilmed Court Case #72-92 U.S. Dist. Court - Ord CIV. 11-8-85 ORDIANANCE NO. 43-85 ADOPTED BY REFERENDUM. AMENDED CHAPTER XIV RE: VOLUNTEER FIRE DEPARTMENT CITY CHARTER(ORIG. FILED IN VAULT) AMENDMENTS 6-2-70 6-6-72 5-7-74(RE: TEMP. BORROWING ORD. #9-74 Art. XX Sect. 13 11-21-78 RE: PURCHAS. PROCEDURE ORD. #18-78 3-11-80 RE: CHANGE ELECTION FROM JUNE TO NOV. (ORD. #2-80 VOTED ON AT 3-11-80 REFERENDUM ELECTION 5-5-81 RE: Amended Sec. 12, Art. XVII Purchas- ing Items under $200 - Bids not required. (Ord. No. 6-81) 10-8-81 RE: Amended Sec. 8, Art. XX Interesst Rate (Ord. No. 17-81) 11-17-81 RE: Amended Sec. 4, Art. XXIV Second Reading of Ordinance (Ord. No. 20-81) 11-2-82 RE: AMEND SEC. 4, Referendum ART. III Council Vacancy General Election 11-8-83 Amending Article III Section 2, ARticle VIII, Article XI, ARticle XV Referendum Question on General Election Ballot of 11-8-83 2-19-85 ORD. NO. 5-85 AMENDED ARTICLE XX SEC. VIII BY DELETING THE MINIMUM TERM FOR BONDS. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ANTHONY M. RUTKOWSKI, etc. , Plaintiff, vs . No. 72-92-ORL-CIV. ANITA J. OSTROM, City Clerk City of Cape Canaveral, Florida, Defendant. ORDER This cause came on for hearing before this Court pursuant to due notice for consideration of the constitutionality of that portion of Article 3, Section 1, Charter of the City of Cape Canaveral, Florida requiring that: "The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of freeholder electors therein." It was stipulated by counsel for defendants that no material fact was in dispute and that plaintiff was a 28 year old resident of the City of Cape Canaveral who was fully qualified to run for office for the position of City Councilman, except that plaintiff was prohibited from seeking such elective office because he was not a freeholder as required by the City Charter. After consideration of argument and plaintiff's legal memorandum, the Court finds that the prerequisite of ownership of property within the City of Cape Canaveral for membership on the City Council is invidiously discriminatory and violative of the Equal Protection Clause and is therefore found unconstitutional This Court concurs in the opinion of Anderson v. City of Belle Glade, 337 F. Supp. 1353 (S .D. Fla. 1971) in which it was found that a provision of the Charter for the City of Belle Glade, Florida, restricting election of the City Council only to freeholders was unconstitutional as violative of the Equal Protection Clause of the United States Constitution; it is therefore, ORDERED that plaintiff's prayer for injunction, construed by this Court, under the circumstances of this case, as a prayer for entry of a preliminary injunction, is granted and defendants are hereby temporarily enjoined from prohibiting plaintiff, if he is found to be in all other respects legally qualified, the right to run for the office of City Councilman for the City of Cape Canaveral, Florida. DONE and ORDERED in Chambers at Orlando, Florida, this 10th day of May, 1972 as of May 8, 1972. GEORGE C. YOUNG UNITED STATES DISTRICT JUDGE Copies mailed to: Mr. Anthony M. Rutkowski 610 Jefferson Avenue Cape Canaveral, Florida 32920 Mrs. Anita J. Ostrom, City Clerk Cape Canaveral, Florida 32920 Stanley Wolfman, Esquire Wolfman and Scott, P.A. Post Office Box 513 Merritt Island, Florida 32952 INDEX CITY OF CAPE CANAVERAL CHARTER Article I. §1 . Present Municipal Corporation Abolished. §2 . New Municipal Corporation Incorporated; city boundaries defined. §3 . Sovereignity. §4 . Form of Government; officers and terms. §5. Deleted. Article II. General Powers §1 . Extension of General Powers. Article III. Elected Officer, Qualifications and Terms. §1. Qualifications of Mayor and Councilmen. §2. Appointed officers. §3. Compensation of Officers §4 . Vacancies in elected officers Article IV. The Mayor, Powers and Duties . §1. Duties of Mayor. §2 . Additional Duties. §3 . Election of Mayor. Article V. The City Council , Organization and Powers. §1. Meetings. §2. Rules of Procedure. §3. Quorum. §4 . Election of Mayor and Mayor Pro-tem. Article VI. City Manager. §1. Appointment. Article VII. City Attorney. §1. Qualifications. §2. Duties §3. Compensation. Article VIII. City Clerk. §1. Appointment and Duties. Article IX. City Tax Assessor. §1. Appointment and Duties . §2 . Assessing Property. §3 . Appraisers. Article X. City Tax Collector. §1. Appointment and Duties. Article XI. City Treasurer. §1. Appointment and Duties. Article XII. Municipal Court. §1. Appointment of Judge and formation of Court. §2 . Duties and Powers of Judge. §3 . Payment of Fines . §4 . Clerk of Court. §5 . Duties of Clerk. §6. Arrest and Confinement. §7 . Taking of Bond. §8 . Forfeiture of Bond. §9. Disposition of fines. §10. Utilization of prisoners. §11. Remittance of fines. Article XIII. Police Department. §1. Continuance of present law enforcement. §2 . Clarification of titles. §3 . Duties of police chief. §4 . Arrest. §5. Extending police jurisdiction. §5 . Traffic Summons. Article XIV. Fire Department. §1. Authorization of Fire Department. §2 . Volunteer Fire Department. §3. Duties of Fire Chief. Article XV. Public Works. §1. Creation of Department of Public Works. §2. Water Department. Article XVI . Boards and Agencies. §1. Department of Public Health. §2 . Zoning and Planning Board. §3. Recreation Board. §4 . Recommendations. Article XVII . General Finance Provisions, Budget Audit and Purchasing. §1. Fiscal Year. §2 . Budget Committee. §3. General Budget Requirements. §4 . Public Hearing on Budget required. §5. Adoption of Budget. §6 . Expenditures limited to budget. §7 . Quarterly review of budget required. §8 . Deposit of City Money and Security required. §9 . Annual audit required. §10 . Purchases to be by competitive bids. Article XVIII. Revenue and Taxation. §1 . Property subject to taxation. §2 . Tax year established - tax notes . §3 . Taxes are lien on real and personal property. §4 . City Council to fix and levy taxes. §5 . City Council to fix and establish licenses and occupational taxes. §6. Limitation on real property taxes. §7 . Board of Equalization established. §8 . Omitted property may be back-taxed. §9 . Certification of assessment rolls. - 2 - Article XIX. Collection of Delincuent Taxes . §1. thru §36. Article XX. Financing Public Improvements . §1. Bonds Authorized. §2 . Taxation for bond payment. §3 . Revenue bonds authorized for public improvements. §4 . Revenue bonds authorized for public utilities . §5. Freeholders election required for general oblig- ation bonds. §6 . No election required for revunue bonds. §7 . Bond election for multiple improvements. §8 . Signing bonds. §9 . Bond resolution or ordinance required. §10 . Sale of bonds. §11. Conflict of interest. §12 . Refunding of bonds. §13. Temporary borrowing by city. Article XXI. Elections. §1. Rules prescribed by ordinance. §2. Voter qualifications, method of handling elections. §3. Registration. §4 . Disqualification of registrant. §5 . Inspection of registration records . §6 . Present registration record validated. §7 . Registration fee. §8 . Arrangements for elections . §9 . Voting hours and results. §10. Recall of elected officers . §11. Reasons for recall. §12 . Initiative petition for ordinance. §13 . Filing of initiative petition. §14 . Procedure on initiative petition. §15. Peition effect on pending ordinance. §16 . Referendum ballot form. §17. Repeal of ordinances adopted by referendum. §18. City attorney to draft ordinances. §19 . Filing fee. Article XXII. Abatement of Nuisances. §1. Structures. §2 . Wet lands. §3 . Refuse. §4 . Procedure to abate nuisance. §5. Procedure as to unknown property owner. §6 . Majority of council to act. §7 . One order affects several parcels . §8. Authority of city council - penalities. §9 . Failure to comply with order. §10. Validity of liens. §11. Failure to pay amount assessed for lien. §12 . Attorneys fees. §13. Complaint to forclose lien. Article XXIII. Extension of the Corporate Limits. §1. Methods of annexation. - 3 - Article XXIV. Miscellaneous . §1. Building codes. §2 . Constitutional provision and severability. §3. Transfer of records. §4 . Procedure for passage of ordinances . §5 . General statutes of the State of Florida. §6 . Conflicting laws. §7 . Investigative procedures. §8 . Nepotism. §9 . Gender. §10 . Continuance of officers and ordinances §11. Freedom from tort liabilities . §12 . Notice of damage claim required. §13 . Benefit from contracts prohibited. §14 . This bill to take effect immediately passed May 16 , 1963 by A.M.Rutkowski 15 April 1972 - 4 - CHARTER OF CITY OF CAPE CANAVERAL INDEX PAGE ARTICLE I SECTION 1. THE PRESENT MUNICIPAL CORPORATION OF THE CITY OF CAPE CANAVERAL IN BREVARD COUNTY, FLORIDA, IS HEREBY ABOLISHED. 1 SECTION 2 . INCORPORATION CITY OF CAPE CANAVERAL 1 & 2 SECTION 3 . SOVEREIGNTY 3 & 4 SECTION 4 . FORM OF GOVERNMENT 4 SECTION 5. REORGANIZATION OF OFFICERS 5 ARTICLE II GENERAL POWERS 5 SECTION 1. EXTENSION OF GENERAL POWERS 5 thru 18 ARTICLE III ELECTED OFFICERS, QUALIFICATIONS AND TERMS 18 SECTION 1. QUALIFICATIONS OF MAYOR AND COUNCILMEN 18 SECTION 2 . APPOINTED OFFICERS 18 & 19 SECTION 3 . COMPENSATION OF OFFICERS 19 & 20 SECTION 4 . VACANCIES IN ELECTED OFFICES 20 ARTICLE IV THE MAYOR, POWERS AND DUTIES 20 SECTION 1. DUTIES OF THE MAYOR 20 & 21 SECTION 2 . ADDITIONAL DUTIES 21 ARTICLE V THE CITY COUNCIL, ORGANIZATION AND POWERS 21 SECTION 1. MEETINGS 21 SECTION 2 . RULES OF PROCEDURE 22 SECTION 3 . QUORUM 22 SECTION 4 . ELECTION OF MAYOR AND MAYOR PRO TEM 22 -1- PAGE ARTICLE VI CITY MANAGER 22 SECTION 1. APPOINTMENT 22 & 23 ARTICLE VII CITY ATTORNEY 23 SECTION 1. QUALIFICATIONS 23 SECTION 2. DUTIES 23 & 24 SECTION 3 . COMPENSATION 24 ARTICLE VIII CITY CLERK 24 SECTION 1. APPOINTMENT AND DUTIES 24 & 25 ARTICLE IX CITY TAX ASSESSOR 25 SECTION 1 . APPOINTMENT AND DUTIES 25 SECTION 2 . ASSESSING PROPERTY 25 & 26 SECTION 3 . APPRAISERS 26 ARTICLE X CITY TAX COLLECTOR 26 SECTION 1. APPOINTMENT AND DUTIES 26 & 27 ARTICLE XI CITY TREASURER 27 SECTION 1. APPOINTMENT AND DUTIES 27 & 28 ARTICLE XII MUNICIPAL COURT 28 SECTION 1. APPOINTMENT OF JUDGE AND FORMATION OF COURT 28 SECTION 2 . DUTIES AND POWERS OF THE JUDGE 28 & 29 SECTION 3. PAYMENT OF FINES 30 SECTION 4 . CLERK OF COURT 30 -2- PAGE SECTION 5 . DUTIES OF CLERK 30 & 31 SECTION 6 . ARREST AND CONFINEMENT 31 SECTION 7 . TAKING OF BOND 31 SECTION 8 . FORFEITURE OF BOND 31 & 32 SECTION 9 . DISPOSITION OF FINES 32 SECTION 10 . UTILIZATION OF PRISONERS 32 SECTION 11. REMITTANCE OF FINES 32 & 33 ARTICLE XIII POLICE DEPARTMENT 33 SECTION 1. CONTINUANCE OF PRESENT LAW ENFORCEMENT 33 SECTION 2 . CLARIFICATION OF TITLES 33 SECTION 3 . DUTIES OF CHIEF OF POLICE 33 & 34 SECTION 4 . ARREST 34 SECTION 5 . EXTENDING POLICE JURISDICTION 34 SECTION 6. TRAFFIC SUMMONS 34 ARTICLE XIV SECTION 1. AUTHORIZATION OF FIRE DEPARTMENT 35 SECTION 2. VOLUNTEER FIRE DEPARTMENT 35 SECTION 3 . DUTIES OF FIRE CHIEF 35 & 36 ARTICLE XV PUBLIC WORKS 36 SECTION 1. CREATION OF DEPARTMENT OF PUBLIC WORKS 36 & 37 SECTION 2 . WATER DEPARTMENT 37 ARTICLE XVI BOARDS AND AGENCIES 38 & 39 SECTION 1. DEPARTMENT OF PUBLIC HEALTH 38 & 39 SECTION 2 . ZONING AND PLANNING BOARD 39 SECTION 3 . RECREATION BOARD 39 SECTION 4 . RECOMMENDATIONS 39 & 40 -3- PAGE ARTICLE XVII GENERAL FINANCE PROVISIONS, BUDGET, AUDIT AND PURCHASING 40 SECTION 1. FISCAL YEAR 40 SECTION 2 . BUDGET COMMITTEE 40 SECTION 3 . GENERAL BUDGET REQUIREMENTS 40 & 41 SECTION 4 . PUBLIC HEARING ON BUDGET REQUIRED 41 & 42 SECTION 5. ADOPTION OF BUDGET 42 SECTION 6 . EXPENDITURES LIMITED TO BUDGET 42 SECTION 7 . QUARTERLY REVIEW OF BUDGET REQUIRED 42 & 43 SECTION 8 . DEPOSIT OF CITY MONEY AND SECURITY REQUIRED 43 SECTION 9 . ANNUAL AUDIT REQUIRED 43 SECTION 10 . PURCHASES TO BE BY COMPETITIVE BIDS 43 & 44 ARTICLE XVIII REVENUE AND TAXATION 44 SECTION 1 . PROPERTY SUBJECT TO TAXATION 44 SECTION 2. TAX YEAR ESTABLISHED - TAX NOTICES 44 & 45 SECTION 3 . TAXES ARE LIEN ON REAL AND PERSONAL PROPERTY 45 & 46 SECTION 4 . CITY COUNCIL TO FIX AND LEVY TAXES 46 SECTION 5 . CITY COUNCIL TO FIX AND ESTABLISH LICENSES AND OCCUPATIONAL TAXES 46 & 47 SECTION 6 . LIMITATION ON REAL PROPERTY TAXES 47 SECTION 7 . BOARD OF EQUALIZATION ESTABLISHED 47 & 48 SECTION 8 . OMITTED PROPERTY MAY BE BACK-TAXED 48 SECTION 9 . CERTIFICATION OF ASSESSMENT ROLLS 49 ARTICLE XIX COLLECTION OF DELINQUENT TAXES 49 SECTION 1. DELINQUENT TAX NOTICE TO BE POSTED 49 SECTION 2. DELINQUENT TAX NOTICE TO BE PUBLISHED 49 & 50 SECTION 3 . SALE OF TAX LIENS 51 SECTION 4 . TAX COLLECTOR'S CERTIFICATE OF SALE 51 & 52 -4- PAGE SECTION 5 . FORM OF TAX SALE CERTIFICATE ISSUED TO PURCHASER 52 & 53 SECTION 6 . RECORDING OF TAX SALE CERTIFICATES 53 & 54 SECTION 7 . ISSUANCE OF DUPLICATE TAX SALE CERTIFICATES 54 SECTION 8 . TRANSFER OF TAX SALE CERTIFICATES 54 SECTION 9 . REDEMPTION OF TAX SALE CERTIFICATES 55 SECTION 10 . REDEMPTION OF TAX LIEN PROPERTY 55 & 56 SECTION 11 . REDEMPTION RECEIPTS 56 & 57 SECTION 12 . DISPOSAL OF CITY OWNED TAX CERTIFICATES 57 & 58 SECTION 13 . PURCHASE OF CITY OWNED TAX CERTIFICATES AT ANY TIME 58 & 59 SECTION 14 . TAX DEEDS OF CITY 59 & 60 SECTION 15 . NOTICE OF APPLICATION FOR TAX DEED 60 & 61 SECTION 16 . FILING OF PROOF OF PUBLICATION OF NOTICE 61 SECTION 17 . MAILING OF NOTICE OF TAX DEED APPLICATION TO OWNER 61 & 62 SECTION 18 . NOTICE TO OTHER PERSONS ON REQUEST 62 & 63 SECTION 19 . TIME OF APPLICATION FOR TAX DEED 63 SECTION 20 . DEADLINE OF REDEMPTION 63 SECTION 21. LAND SOLD AT PUBLIC AUCTION 63 & 64 SECTION 22 . PROPERTY PURCHASED BY OTHER THAN CERTIFICATE HOLDERS 64 & 65 SECTION 23. UNCLAIMED TAX SALE FUNDS 65 & 66 SECTION 24 . TAX DEED FORM 66 thru 68 SECTION 25. DISPOSING OF CITY OWNED TAX DEEDS LAND 68 SECTION 26 . LIMITATION ON SUITS TO RECOVER LANDS SOLD FOR TAXES 68 & 69 SECTION 27. FORECLOSURE OF TAX SALE CERTIFICATES 69 & 70 SECTION 28 . FINAL DECREE 70 SECTION 29 . SALE OF LAND TO CITY IN CITY FORE- CLOSURES 70 & 71 -5- PAGE SECTION 30 . MASTER'S DEED 71 SECTION 31. SALE OF CITY OWNED LAND OBTAINED BY FORECLOSURE 71 SECTION 32 . TAX SALE CERTIFICATES VALIDATED 71 & 72 SECTION 33 . TAX SALE CERTIFICATES EVIDENCE 72 SECTION 34 . ILLEGAL TAX SALE CERTIFICATES 72 SECTION 35 . FEES TO TAX COLLECTOR AND CLERK 72 & 73 SECTION 36 . STATE STATUTES APPLICABLE 73 ARTICLE XX FINANCING PUBLIC IMPROVEMENTS 73 SECTION 1. BONDS AUTHORIZED 73 & 74 SECTION 2 . TAXATION FOR BOND PAYMENT 74 & 75 SECTION 3 . REVENUE BONDS AUTHORIZED FOR PUBLIC IMPROVEMENTS 75 SECTION 4 . REVENUE BONDS AUTHORIZED FOR PUBLIC UTILITIES 75 SECTION 5 . FREEHOLDERS ELECTION REQUIRED FOR GENERAL OBLIGATION BONDS 75 SECTION 6 . NO ELECTION REQUIRED FOR REVENUE BONDS 76 SECTION 7 . BOND ELECTION FOR MULTIPLE IMPROVEMENTS 76 SECTION 8 . SIGNING BONDS 76 & 77 SECTION 9 . BOND RESOLUTION OR ORDINANCE REQUIRED 77 SECTION 10 . SALE OF BONDS 77 & 78 SECTION 11. CONFLICT OF INTEREST 78 SECTION 12 . REFUNDING BONDS 78 SECTION 13 . TEMPORARY BORROWING BY CITY 78 & 79 ARTICLE XXI ELECTIONS 79 SECTION 1. RULES PRESCRIBED BY ORDINANCE 79 SECTION 2 . VOTER QUALIFICATIONS, METHOD OF HANDLING ELECTIONS 79 & 80 SECTION 3 . REGISTRATION 80 thru 83 -6- PAGE SECTION 4 . DISQUALIFICATION OF REGISTRANT 83 & 84 SECTION 5 . INSPECTION OF REGISTRATION RECORDS 84 SECTION 6 . PRESENT REGISTRATION RECORD VALIDATED 84 SECTION 7 . REGISTRATION FEE 84 SECTION 8 . ARRANGEMENTS FOR ELECTIONS 84 SECTION 9 . VOTING HOURS AND RESULTS 84 & 85 SECTION 10 . RECALL OF ELECTED OFFICERS 85 SECTION 11. REASONS FOR RECALL 85 SECTION 12 . INITIATIVE PETITION FOR ORDINANCE 86 SECTION 13 . FILING OF INITIATIVE PETITION 86 & 87 SECTION 14 . PROCEDURE ON INITIATIVE PETITION 87 SECTION 15 . PETITION EFFECT ON PENDING ORDINANCE 87 & 88 SECTION 16 . REFERENDUM BALLOT FORM 88 SECTION 17 . REPEAL OF ORDINANCES ADOPTED BY REFERENDUM 88 & 89 SECTION 18 . CITY ATTORNEY TO DRAFT ORDINANCES 89 SECTION 19 . FILING FEE 89 ARTICLE XXII ABATEMENT OF NUISANCES 89 SECTION 1. STRUCTURES 89 SECTION 2 . WET LANDS 89 & 90 SECTION 3 . REFUSE 90 SECTION 4 . PROCEDURE TO ABATE NUISANCE 90 & 90 SECTION 5 . PROCEDURE AS TO UNKNOWN PROPERTY OWNERS 91 & 92 SECTION 6 . MAJORITY OF COUNCIL MAY ACT 92 SECTION 7 . ONE ORDER AFFECTS SEVERAL PARCELS 92 SECTION 8 . AUTHORITY OF CITY COUNCIL--PENALTIES 92 SECTION 9 . FAILURE TO COMPLY WITH ORDER 92 thru 94 SECTION 10 . VALIDITY OF LIENS 94 SECTION 11 . FAILURE TO PAY AMOUNT ASSESSED FOR LIEN 94 & 95 -7- PAGE SECTION 12 . ATTORNEYS FEES 96 SECTION 13. COMPLAINT TO FORECLOSE LIEN 96 ARTICLE XXIII EXTENSION OF THE CORPORATE LIMITS 97 SECTION 1. METHODS OF ANNEXATION 97 & 98 ARTICLE XXIV MISCELLANEOUS 98 SECTION 1. BUILDING CODES 98 & 99 SECTION 2 . CONSTITUTIONAL PROVISION AND SEVERABILITY 99 SECTION 3 . TRANSFER OF RECORDS 99 SECTION 4 . PROCEDURE FOR PASSAGE OF ORDINANCES 100 thru 102 SECTION 5. GENERAL STATUTES OF THE STATE OF FLORIDA 103 SECTION 6. CONFLICTING LAWS 103 SECTION 7 . INVESTIGATIVE PROCEDURES 103 & 104 SECTION 8 . NEPOTISM 104 SECTION 9 . GENDER 104 SECTION 10 . CONTINUANCE OF OFFICERS AND ORDINANCES 104 & 105 SECTION 11 . FREEDOM FROM TORT LIABILITIES 105 SECTION 12 . NOTICE OF DAMAGE CLAIM REQUIRED 105 & 106 SECTION 13 . BENEFIT FROM CONTRACTS PROHIBITED 106 SECTION 14 . EFFECTIVE DATE 106 -8- CHARTER OF CITY OF CAPE CANAVERAL INDEX PAGE ARTICLE I SECTION 1. THE PRESENT MUNICIPAL CORPORATION OF THE CITY OF CAPE CANAVERAL IN BREVARD COUNTY, FLORIDA, IS HEREBY ABOLISHED. 1 SECTION 2. INCORPORATION OFCITY OF CAPE CANAVERAL 1 & 2 SECTION 3. SOVEREIGNTY 3 & 4 SECTION 4. FORM OF GOVERNANCE 4 SECTION 5. REORGANIZATION OF OFFICERS 5 ARTICLE II GENERAL POWERS 5 SECTION 1. EXTENSION OF GENERAL POWERS 5 thru 18 ARTICLE III ELECTED OFFICERS, QUALIFICATIONS AND TERMS 18 SECTION 1. QUALIFICATIONS OF MAYOR AND COUNCIL- MEN 18 SECTION 2. APPOINTED OFFICERS 18 & 19 [illegible signature] CHARTER PAGE SECTION 4. ELECTION OF MAYOR AND MAYOR PRO TEM 22 ARTICLE VI CITY MANAGER 22 SECTION 1. APPOINTMENT 22 & 23 ARTICLE VII CITY ATTORNEY 23 SECTION 1. QUALIFICATIONS 23 SECTION 2. DUTIES 23 & 24 SECTION 3. COMPENSATION 24 ARTICLE VIII CITY CLERK 24 SECTION 1. APPOINTMENT AND DUTIES 24 & 25 ARTICLE IX CITY TAX ASSESSOR 25 SECTION 1. APPOINTMENT AND DUTIES 25 SECTION 2. ASSESSING PROPERTY 25 & 26 SECTION 3. APPRAISERS 26 ARTICLE X CITY TAX COLLECTOR 26 SECTION 1. APPOINTMENT AND DUTIES 26 & 27 ARTICLE XI CITY TREASURER 27 SECTION 1. APPOINTMENT AND DUTIES 27 & 28 ARTICLE XII MUNICIPAL COURT 28 SECTION 1. APPOINTMENT OF JUDGE AND FORMATION OF COURT 28 SECTION 2. MITES AND PODS OF THE JUDGE 28 & 29 SECTION 3. PAYMENT OF FINES 30 SECTION 4. CLERK OF COURT 30 -2- PAGE SCTION 5. DUTIES OF CLERK 30 & 31 SECTION 6. ARREST AND CONFINEMENT 31 SECTION 7. TAKING OF BOND 31 SECTION 8. FORFEITURE OF BOND 31 & 32 SECTION 9. DISPOSITION OF FINES 32 SECTION 10. UTILIZATION OF PRISONERS 32 SECTION 11. REMITTANCE OF FINES 32 & 33 ARTICLE XIII POLICE DEPARTMENT 33 SECTION 1. CONTINUANCE OF PRESENT LAW ENFORCE— MENT 33 SECTION 2. CLARIFICATION OF TITLES 33 SECTION 3. DUTIES OF CHIEF OF OLICE 33 & 34 SECTION 4. ARREST 34 SECTION 5. EXTENDING POLICE JURISDICTION 34 SECTION 6. TRAFFIC SUMMONS 34 ARTICLE XIV SECTION 1. AUTHORIZATION OF FIRE DEPARTMENT 35 SECTION 2. VOLUNTEER FIRE DEPARTMENT 35 SECTION 3. DUTIES OF FIRE CHIEF 35 & 36 ARTICLE XV PUBLIC WORKS 36 SECTION 1. CREATION OF DEPARTMENT OF PUBLIC WORKS 36 & 37 SECTION 2. WATER DEPARTMENT 37 ARTICLE XVI BOARDS AND AGENCIES 38 & 39 SECTION 1. DEPARTMENT OF PUBLIC HEALTH 38 & 39 SECTION 2. ZONING AND PLANNING BOARD 39 SECTION 3. RECREATION BOARD 39 SECTION 4. RECOMMENDATIONS 39 & 40 -3- PAGE ARTICLE XVII GENERAL FINANCE PROVISIONS, BUDGET, AUDIT AND PURCHASING 40 SECTION 1. FISCAL YEAR 40 SECTION 2. BUDGET COMMITTEE 40 SECTION 3 GENERAL BUDGET REQUIREMENTS 40 & 41 SECTION 4. PUBLIC HEARING ON BUDGET REQUIRED 41 & 42 SECTION 5. ADOPTION OF BUDGET 42 SECTION 6. EXPENDITURES LIMITED TO BUDGET 42 SECTION 7. QUARTERLY REVIEW OF BUDGET REQUIRED 42 & 43 SECTION 8. DEPOSIT OF CITY MONEY AND SECURITY 43 REQUIRED SECTION 9. ANNUAL AUDIT REQUIRED 43 SECTION 10. PURCHASES TO BE BY COMPETITIVE BIDS 43 & 44 ARTICLE XVIII REVENUE AND TAXATION 44 SECTION 1. PROPERTY SUBJECT TO TAXATION 44 SECTION 2. TAX YEAR ESTABLISHED -- TAX NOTICES 44 & 45 SECTION 3. TAXES ARE LIEN ON REAL AND PERSONAL PROPERTY 45 & 46 SECTION 4. CITY COUNCIL TO FIX AND LEVY TAXES 46 SECTION 5. CITY COUNCIL TO FIX AND ESTABLISH LICENSES AND OCCUPATIONAL TAXES 46 & 47 SECTION 6, LIMITATION ON REAL PROPERTY TAXES 47 SECTION 7. BOARD OF EQUALIZATION ESTABLISHED 47 & 48 SECTION 8. OMITTED PROPERTY MAY BE BACK-TAXED 48 SECTION 9. CERTIFICATION OF ASSESSMENT ROLLS 49 ARTICLE XIX COLLECTION OF DELINQUENT TAXES 49 SECTION 1. DELINQUENT TAX NOTICE TO BE POSTED 49 SECTION 2. DELINQUENT TAX NOTICE TO BE PUBLISHED 49 & 50 SECTION 3. SALE OF TAX LIENS 51 SECTION 4. TAX COLLECTOR'S CERTIFICATE OF SALE 51 & 52 - 4 - PAGE SECTION 5. FORM OF TAX SALE CERTIFICATE TSSUED TO PURCHASER 52 & 53 . SECTION 6. RECORDING OF TAX SALE CERTIFICATES 53 & 54 SECTION 7. ISSUANCE OF DUPLICATE TAX SALE CERTIFICATES _ 54 SECTION 8. TRANSFER OF TAX SALE CteTIr'ICA'iES 54 SECTION 9. REDEMPTION OF TAX SALE CERTIFICA'n $ 55 SECTION 10. REDEMPTION OF TAX LIEN PROPERTY 55 & 56 . SECTION 11. REDEMPTION RECEIPTS 56 & 57 SECTION 12. DISPOSAL OF CITY OWNED TAX CERTI- FICATES 57 & 58 SECTION 13. PURCHASE OF CITY OWNED TAX CERTI- FICATES AT ANY TIME 58 & 59 SECTION 14. TAX DEEDS OF CITY 59 & 60 SECTION 15. 'NICE OF APPLICATION FOR TAX DE ) 60 & 61 SECTION 16. FILING OF PROOF OF PUBLICATION OF i orICF 61 SECTION 17, MAILING OF NOTICE OF TAX DEED APPLICA TIM TO OWNER 61 & 62 SECTION 18. NOT-CE TO OTHER PERSONS ON REQUEST 62 & 63 SECTION 19. TIME OF APPLICATION FOR TAX DEED 63 SECTION 20. DEADLINE OF REDEMPTION 63 SECTION 21. LAND SOLD AT PUBLIC AUCTION 63 & 64 SECTION 22. PROPERTY PURCHASED BY OTHER THAN CER'1'I.N'ICATE HOLDERS 64 & 65 SECTION 23. UNCLAIMED TAX SALE FUNDS 65 & 66 SECTION 24. TAX DEED FORM 66 thru 68 SECTION 25. DISPOSING OF CITY OLJNED TAX DEEDS LAND 68 SECTION 26. LIMITATION ON SUITS TO RECOVER LANDS SOLD FOR TAXES 68 & 69 SECTION 27. FORECLOSURE OF TAX SALE CERTIFICA'1'i 69 & 70 SECTION 28. FINAL DECREE 70 SECTION 29. SALE OF LAND TO CITY IN CITY FORE- CLOSURES 70 & 71 SECTION 30. MAliST P 3 DEED 71 SECTION 31. SALE OF CITY OWNED LAND OBTAINED BY FORESLOSURE 71 - 5 - PAGE SECTION 32. TAX SALE CERTIFICATES VALIDATED 71 & 72 SECTION 33. TAX SALE CERTIFICATES EVIDENCE 72 SECTION 34. ILLEGAL TAX SALE CERTIFICATES 72 SECTION 35. FEES TO TAX COLLECTOR AND CLERK 72 & 73 SECTION 36. STATE STATUTES APPLICABLE 73 ARTICLE XX FINANCING PUBLIC IMPROVEMENTS 73 SECTION 1. BONDS AUTHORIZED 73 & 74 SECTION 2. TAXATION FOR BOND PAYMENT 74 & 75 SECTION 3. REVENUE BONDS AUTHORIZED FOR PUBLIC IMPROVEMENTS 75 SECTION 4. REVENUE BONDS AUTHORIZED FUR PUBLIC UTILITIES 75 SECTION 5. FREEHOLDERS ELECTION REQUIRED FOR GENERAL OBLIGATION BONDS 75 SECTION 6. NO ELECTION REQUIRED FOR REVENUE BONDS 76 SECTION 7. BOND ELECTION FOR MULTIPLE IMPROVE, MENTS 76 SECTION 8. SIGNING BONDS 76 & 77 SECTION 9. BOND RESOLUTION OR ORDINANCE REQUIRED 77 SECTION 10. SALE OF BONDS 77 & 78 SECTION 11. CONFLICT OF INTEREST 78 SECTION 12. REFUNDING BONDS 78 SECTION 13. TEMPORARY BORROWING BY CITY 78 & 79 ARTICLE XXI ELECTIONS 79 SECTION 1. RULES PRESCRIBED BY ORDINANCE 79 SECTION 2. VOTER QUALIFICATIONS, METHOD OF HAND— LING ELECTIONS 79 & 80 SECTION 3. REGISTRATION 80 thru 83 SECTION 4. DISQUALIFICATION OF REGISTRANT 83 & 84 SECTION 5. INSPECTION OF REGISTRATION RECORDS 84 SECTION 6. PRESENT REGISTRATION RECORD VALIDATED 84 - 6 - PAGE SECTION 7. REGISTRATION FEE 84 SECTION 8. ARRANGEMENTS FOR ELECTIONS 84 SECTION 9. VOTING HOURS AND RESULTS 84 & 85 SECTION 10. RECALL OF ELECTED OFFICERS 85 SECTION 11. REASONS FOR RECALL 85 SECTION 12. INITIATIVE PETITION FOR ORDINANCE 86 SECTION 13. FILING OF INITIATIVE PETITION 86 & 87 SECTION 14. PROCEEDURE ON INITIATIVE PETITION 87 SECTION 15. PETITION EFFECT ON PENDING ORDINANCE 87 & 88 SECTION 16. REFERENDUM BALLOT FORM 88 SECTION 17. REPEAL OF ORDINANCES ADOPTED BY REFERENDUM 88 & 89 SECTION 18. CITY ATTORNEY TO DRAFT ORDINANCES 89 SECTION 19. FILING FEE 89 ARTICLE XXII ABATEiIENT OF NUISANCES 89 SECTION 1. STRUCTURES 89 SEICTION 2. WET LANDS 89 & 90 SECTION 3. REFUSE 90 SECTION 4, PROCEDURE TO ABATE NUISANCE 90 & 91 SECTION 5. PROCEDURE AS TO UNKNOWN PROPERTY OWNERS 91 & 92 SECTION 6. MAJORITY OF COUNCIL MAY ACT 92 SECTION 7. ONE ORDER AFFECTS SEVERAL PARCELS 92 SECTION 8. AUTHORITY OP CITY COUNCIL-PENALTIES 92 SECTION 9. FAILURE TO COMPLY WITH ORDER 92 thru 94 SECTION 10. VALIDITY OF LIENS 94 SECTION 11. FAILURE TO PAY AMOUNT ASSESSED FOR LIEN 94 & 95 SECTION 12. ATTORNEYS FEES 96 SECTION 13. COMPLAINT TO FORCLOSE LIEN 96 - 7 - PAGE ARTICLE XXIII EXTENSION OF THE CORPORATE LIMITS 97 SECTION 1. METHODS OF ANNEXATION 97 & 98 ARTICLE XXIV MISCELLANEOUS 98 SECTION 1. BUILDING CODES 98 & 99 SECTION 2. CONSTITUTIONAL PROVISION AND SEVERA- BILITY 99 SECTION 3. TRANSFER OF RECORDS SECTION 4. PROCEDURE FOR PASSAGE OF ORDINANCES 100 thru 102 SECTION 5 GENERAL STATUTES OF THE STATE OF FLORIDA 103 SECTION 6. CONFLICTING LAWS 103 SECTION 7. INVESTIGATIVE PROCEDURES 103 & 104 SECTION 8. NEPOTISM 104 SECTION 9. GENDER 104 SECTION 10. CONTINUANCE OF OFFICERS AND ORDINANCES 104 & 105 SECTION 11. FREEDOM FROM TORT LIABILITIES 105 SECTION 12. NOTICE OF DAMAGE CLAIM REQUIRED 105 & 106 SECTION 13. BENEFIT FROM CONTRACTS-PROHIBITED 106 . SECTION 14. EFFECTIVE DATE 106 - 8 - Ch. 63-114 Sp Aets of Fld 63 House Bill No. 167 167 AN ACT TO ABOLISH THE PRESENT MUNICIPALITY OF THE CITY OF CAPE CANAVERAL IN BREVVARD. COUNTY, FLORIDA, AND TO CREATE, ESTABLISH AND ORGATIZE A MUNICIPALITY TO BE KNOWN AND DESIGNATED AS THE CITY OF CAPE CANAVERAL, T O BE LOCATED IN BREVARD COUNTY, FLORIDA; TO DEFINE ITS BOUNDARIES; TO PROVIDE FOR AND PRESCRIBE ITS GOVERNMENT , JURISDICTION, POWERS, DUTIES, FRANCHISES AND PRIVILEGES; TO AUTHORIZE THE IMPOSITION OF PENALTIES FOR THE VIOLATION OF ITS ORDINANCES; TO RATIFY, VALIDATE AND CONFIRM THE LEVIES OF TAXES MADE BY THE CITY OF CAPE CANAVERAL AND TO PROVIDE FOR THE COLLECTION, LIEN AND EN- FORCEMENT OF THE SAME; AND TO PROVIDE THAT THE TITLES, RIGHTS AND OWNERSHIPS OF PROPERTY, UNCOLLECTED TAXES, DUES, CLAIMS, JUDGMENTS, DECREES, CHOSES IN ACTION, AND OTHER PROPER- TIES AND ALL POWERS HELD OR OWNER BY THE CITY OF CAPE CANAVERAL SHALL BE VESTED IN THE CITY OF CAPE CANAVERAL HEREBY CREATED. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OP FLORIDA, ARTICLE I SECTION 1. The present municipal corporation of the City of Cape Canaveral in Brevard County, Florida, is hereby abolished. SECTION 2. INCORPORATION CITY OF CAPE CANAVERAL That a municipal corporation under and by the name of the City of Cape Canaveral is hereby created, organ- ized and established in the County of Brevard and the State of Florida, which said City shall embrace, include and have juridiction over all that territory in Brevard County, Florida, described as follows: The tract of land situated in Sections L4, 15, 22, 23, 26 and 27 of Township 24 South, 167 Range 37 East and being all of that land lying south of the South limits of the Cape Canaveral Missile Test Annex extended westerly to the center line of the established shin channel in the Banana River, and extended easterly to a point in the Atlantic Ocean 1,000 feet east of the mean high water line of the Atlantic Ocean, and north of a line described as follows: Beginning at the intersection of a westerly extension of the South line of Lot 21 in Banana River Estates, as recorded in Plat Book 10, page 1, of the Public Records of Brevard County and the center line of the established channel of Banana River; thence along such westerly extension and the South line of Lot 21 in an easterly direction to the westerly right-of-way line of Palm Avenue (SR No. 401); thence continue along the easterly extension of the last described line to the East right of-way line of Palm Avenue (SR No. 401); thence northerly along the East right-of-way line of said Palm Avenue (SR No. 401) approx- imately 2440 feet to a point in the middle of Block 73, in the Avon-By-The-Sea subdivision which is the point separating Lot 1 and Lot 9 in said Block 73; thence easterly along the rear line of the lots in Blocks 73, 74, 75, and 76, being the blocks bounded on the North by Johnson Avenue and on the South by Grant Avenue to the intersection of this line with the mean high water line of the Atlantic Ocean, -2- 167 thence East 1,000 feet to the East boundary line hereinafter set forth; and bounded on. the West by the center line of the established ship channel in the Banana River, and on the East by a line parallelling the shore line and 1,000 feet East of the mean high water line of the Atlantic Ocean; excepting the lands owned by the Canaveral Port Authority and/or any additional Government owned lands as of January 12, 1962, and including all litteral and riparian rights pertaining thereto. SECTION 3. SOVEREIGNTY That said corporation shall have perpetual succes- sion and by the name of the City may sue, be sued and defend, plead and be impleaded in all courts and places and in all matters and proceedings; may have and use a common seal, and alter the same at pleasure; may ac- quire by gift, grant, devise, bequest, purchase or in any other manner, similar or dissimilar, receive, own, lease , hold, use and enjoy, or sell and dispose of, real property or any interest therein within or without the said municipality; may take by devise, bequest, gift, donation or otherwise any real property, within or without the territorial limits of said municipality, in trust for public, charitable, or other purposes, and do all acts and things necessary or appropriate to effectuate such trust, with power to manage, sell, lease, or otherwise dispose of said property in accord- -3- 167 ance with the terms of said trust; may use any of said real property, whether within or without the territor- ial limits of said municipality for parks, playgrounds, roads, disposal plants, waterworks, electric light plants, ice plants, gas plants, and the erection, main- tenance and operation of municipal buildings, works and constructions of every kind and character, including municipal offices, schools, courthouse, fire and police stations, houses of detention and correction, hospitals, infirmaries, asylums, dispensaries, wharves, docks, toll bridges and markets, lighting and power plants and waterworks, to supply light power and water for public purposes, or to be sold for profit, and build- ings, bridges, works and construction for all other purposes that said municipality, through its proper authorities, may deem necessary or proper for the wel- fare of said municipality, of the inhabitants thereof, and may exercise all other powers herein conferred. SECTION 4. FORM OF GOVERNMENT The municipal government provided by this act shall be a Mayor-Council Government. Subject to the limita- tions imposed by the Constitution- and laws of this state and by this act, all powers of the City shall be vested in an elected council, hereinafter referred to as the "City Council" or "Council." All powers of the City shall be exercised in the manner provided by this act, or if the manner be not so provided, then in such manner as may be set forth by ordinance or by general laws of the State of Florida. -4- 167 SECTION 5. REORGANIZATION OF OFFICERS The government and corporate authority of the City shall be vested in a City Council and in a mayor who shall be a member of the Council. Such Council shall consist of five members. The term of the councilmen shall be two years. The present councilmen or their successors shall continue in office until the first election of councilmen held under the provisions of this act. The three councilmen receiving the greatest number of votes in the said election shall serve for two years. The remaining two shall serve until the general city election held in 1964. Thereafter each councilman elected shall serve for a term of two years or until their successors shall be elected and quali fied. In the even-numbered years, the two candidates, and in the odd-numbered years, the three candidates, respectively, receiving the highest number of :votes, shall be deemed elected. At the first meeting of the City Council following the general election in each year the City Council shall select from its members a mayor, who shall serve in that capacity for one year, 0 0 or until his successor is elected. Such other offices as may exist at this time shall be abolished unless authorized by the provisions of this act. ARTICLE II GENERAL POWERS SECTION 1. EXTENSION OF GENERAL POWERS The city shall have the powers, functions and immu- pities granted to municipal corporations by the Consti- tution and the general laws of the State of Florida, as now or hereafter existing, together with the implied powers necessary to carry into execution all the powers -5- 167 see amendment following page SECTION 5. REORGANIZATION OF OFFICERS The government and corporate authority of the City shall be vested in a City Council and in a mayor who shall be a member of the Council. Such Council shall consist of five members. The term of the councilmen shall be two years. The present councilmen or their successors shall continue in office until the first election of councilmen held under the provisions of this act. The three councilmen receiving the greatest number of votes in the said election shall serve for two years. The remaining two shall serve until the general city election held in 1964. Thereafter each councilman elected shall serve for a term of two years or until their successors shall be elected and qualified. In the even-numbered years, the two candidates, and in the odd-numbered years, the three candidates, respect- ively, receiving the highest number of votes, shall be deemed elected. At the first meeting of the City Council following the general election in each year the City Council shall select fran its members a mayor, who shall serve in that capacity for one year, or until his successor is elected. Such other offices as may exist at this time shall be abolished unless author- ized by the provisions of this act. Commencing with the Added by General Election June 2, 1978 general city election held in 1971, two councilmen shall be elected for a period of three (3) years; cormiencing with the general city election in 1972, two councilmen shall be elected for a period of three (3) years; thereafter each councilman elected shall serve 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 his successor shall be elected and qualified. -5- granted. The enumeration of particular powers by this act shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is in- tended that the City shall have and exercise all powers authorized by general laws of Florida which it would be competent for this act to specifically enumerate. The following are among the powers of this City, subject to the limitations hereinafter expressed: 1. To purchase , lease , receive and hold property, real, personal and mixed, both within and without its corporate limits, and to lease, sell or otherwise dis- pose of the same for the benefit of the City; 2. To acquire title to submerged lands anal. riparian rights and easements or rights of way with or Without restrictions, within or without the corporate limits of the City; 3. To exercise the right and power of eminent do- main for the purpose of condemning any real or personal property, either within or without the corporate limits of the City, or within or without Brevard County, Florida (including properties in other municipalities) , required for any lawful municipal, public, corporate or proprietary purpose, and to pay just compensation for said property; 4. To extend or enlarge the corporate limits of the City and to include therein contiguous areas as herein provided; 5. To consolidate with any contiguous municipality in the manner provided by the general laws of the state -6- 167 see amendment following page ARTICLE II GENERAL POWERS SECTION: 1. EXTENSION OF GENERAL POWERS The city shall have the powers, functions and immuni- ties granted to municipal corporations by the Consti- tution and the general laws of the State of Florida, as now or hereafter existing, together with the implied powers necessary to carry into execution all the powers granted. The enumeration of particular powers by this act shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is in- tended that the City shall have and exercise all powers authorized by general laws of Florida which it would be competent for this act to specifically enumerate. The following are among the powers of this City, subject to the limitations hereinafter expressed: 1. To purchase, lease, receive and hold property, real, personal and mixed, both within and without its corporate limits, and to lease, sell or otherwise dis- pose of the same for the benefit of the City; 2. To acquire title to submerged lands and riparian rights and easements or rights of way with or without restrictions, within or without the corporate limits of the City; 3. To exercise the right and power of eminent do- main for the purpose of condemning any real or personal property, either within or without the corporate limits of the City, or within or without Brevard County, Florida (including properties in other municipalities), required for any lawful municipal, public, corporate or proprietary purpose, and to pay just compensation for said property; 4. To extend or enlarge the corporate limits of the City and to include therein contiguous areas as herein provided; 5. To consolidate with any contiguous municipality in the manner provided by the general laws of the state -6- and by this act; 6. To declare that any territory embraced within the corporate limits of the City shall be a bird sanc- tuary; 7. To construct, regulate, improve and maintain canals, rivers and other waterways, and to control the development and use of such natural or artificial streams or bodies of water inside its corporate limits, or out- side its corporate limits where necessary for the health, safety and general welfare of the citizens of the City; 8. To establish pier and bulkhead lines for all waters within or bordering the corporate limits of the City; 9. To control and regulate the ocean beach lying within the corporate limits of the City, including the power to restrict, limit, regulate, prohibit and charge for or tax the use of the ocean beach, or any part or parts thereof; by pedestrians, bathers or vehicles of any or all kinds and descriptions, including the power to restrict, limit, regulate, license, franchise; tax or prohibit the use of the ocean beach for businesses; occupations or professions. The use of the ocean beach for public recreational purposes is hereby declared to be paramount to its use for any other purpose; 10. To establish a harbor line in the Atlantic Ocean and to control and prohibit the use of submerged land west thereof except for boating, fishing and bathing; 11. To appropriate money for the payment of the operating expense of the City, and for the payment of -7- 167 any debts existing or hereafter incurred; 12. To borrow money for current operating expenses for a period not longer than the remainder of the fiscal year in which the loan is made , and this power shall be in addition to the other powers to borrow money set forth in this act, or granted by the general laws of the state; 13. To borrow money for any lawful municipal, pub- lic, corporate or proprietary purpose, and to contract debts, and to make and issue bonds, certificates of indebtedness, notes, and other evidences of indebtedness; provided, that the procedure therefor shall be in con- formity with this act and the Constitution and General Laws of Florida; 14. To appropriate money for the purpose of giving publicity to the advantages, facilities and products of the City; and to expend the money so appropriated, either director through boards or other non-profit cor- porations or organizations established for such purposes; 15. To invest the surplus funds of the City; 16. To open, extend, close, vacate, abandon, con- struct, pave, operate, improve , repair and maintain, streets, roads , alleys, sidewalks, promenades, board- walks, bridges, parking areas and facilities and public thoroughfares of all kinds and descriptions and to regu- late and control the use , encroachments in, upon, over and under, and the obstruction thereof; 17. To regulate, control, or prohibit the use of the City streets, or any part of the same, for the loca- tion of electric, telephone or telegraph, or other poles -8- 167 or wires; and to require the removal of wires or poles from any street of the City, and the location of such wires underground in conduits or pipes; 18. To regulate, prohibit, or control the erec- tion, construction or maintenance of any obstruction in any street, alley, lane, parks, or other public place, in the city, and to regulate, restrain or control the erection or maintenance of any fence , sign, billboard or post within the City; 19. To own, lease, operate, construct, maintain, regulate and improve, hospitals, libraries, industrial parks, parking lots, parks, playgrounds, airports, golf courses, marinas, piers, wharves, swimming poets, bathixg beaches, stadiums, auditoriums, civic centers, aquar- iums, museums, recreational centers, and any cultural, educational, recreational and municipal buildings, jails, houses of detention, houses of correction; and any other necessary public and municipal facilities and projects of all kinds and descriptions, and to sell or lease such institutions, buildings, facilities or properties; 20. To regulate , restrict or prohibit cemeteries and the burial of the dead within the corporate limits of the City; 21. To regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of any lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location, relocation, and use of buildings, structures, and land and water, for trade, -9- 167 industry, residence, or other purposes, and to divide the city into districts or zones for said purposes; and within such districts to regulate or restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such zones of districts, and to provide the mpnner for making changes and amendments thereto; the said power either to be exercised under the general municipal zon- ing law of the State of Florida, or under this power without reference to or control by said general law; 22. To regulate, restrain, and prevent the estab- lishment of all manufactories, businesses, occupations, or residences of a nature tending to increase of produce fires, offensive odors, harmful ash, dust or residue, or unnecessary noises, or markedly decrease the value of surrounding property, and to prescribe areas of the city in which any such place shall be established; 23. To prevent pollution, or threatened pollution of its water supply or any water and any bay, stream, canal, river, ocean or underground waters within the corporate limits of the City or outside its corporate limits where necessary for the health, safety and general welfare of the inhabitants of the City; 24. In the interest of the public safety, and to prevent fires, to regulate and control the erection, relocation, repair, and maintenance of buildings within the City, and character of such building or the mater- ials of which the same are constructed, and to regulate and designate the location of motor vehicle service stations. -10- 167 25. To condemn and order to be demolished and removed, or to be put in a state of sound repair, any and all dilapidated, unsanitary and unsafe buildings or structures; and if the owners of such buildings or structures fail to obey such orders , then at the discre- tion of the City Council to demolish and remove or put the same in sound state of repair and assess the entire cost thereof against said property, said assessment to be a lien against the property assessed until paid; 26. To define, prevent and abate all nuisances; 27. To require all lands, lots and other premises within the City to be kept clean, sanitary and free from trash, refuse , weeds, palmetto and other wild growth, or to make them so at the expense of the owner, assess- ing the cost thereof against said property, the City to have a lien therefor, until discharged by payment, for any and all expenses incurred in so cleaning property and lots and making the same sanitary and free from said trash, refuse, weeds, palmetto and other wild growth; 28. To provide for reclaiming lands, by filling in the same, by dredging, ditching, draining and canals, by building sea walls and other walls necessary, and to do and perform all those acts and things necessary to the general welfare and public improvements of the City, including the right and power to construct public wharves, docks, bridges, causeways, piers, and parks, and to charge and collect tolls from the public for the use of same; 29. To drain swamp, marsh, overflow and lowlands within or without the City for the betterment of sanitary -11- 167 conditions within the City; 30. To create a housing authority and to provide the powers and duties thereof by ordinance; 31. To adopt and enforce sanitary regulations and to appoint a City Health Inspector and to provide his duties, powers and responsibilities by ordinance; 32. To acquire, own, operate, lease, construct and maintain incinerators, sanitary land fills or other means of garbage and trash disposal within or without the corporate limits of the City; 33. To regulate shipping and the use of docks and boat landings within the City; 34. To purchase, hire, construct, own, maintain, operate, regulate or lease public utilities; 35. To furnish any and all local public services; 36. To fix the maximum charges for gas, electric lights, electric power, water, telephones, ice and other commodities or services furnished or performed by public utilities, whether operated by the City or by individuals or corporations; provided, however, that such power shall not be exercised with respect to any utility or service subject to the jurisdiction or regulatory authority of the Florida Railroad and Public Utilities Commission or other agency of the State of Florida. 37. To grant franchises of all kinds and descrip- tions and to regulate the exercise thereof; 38. To provide police, fire, life guard, building inspection and similar protection and services, includ- ing support and assistance to a volunteer fire depart- ment; 39. To pass such ordinances as may be necessary to protect and preserve peace and order upon all property owned, leased, managed or controlled by the City out- side its corporate limits; -12- 167 40. To exercise all police powers granted to muni- cipalities by the Constitution and laws of the State of Florida, as now or hereafter existing, and to adopt such ordinances, rules and regulations as are necessary tb maintain and preserve the public health, peace, safety and welfare, including ordinances regulating the keeping of domestic and other animals within its cor- porate limits, and to impose penalties and forfeitures to carry the same into effect; 41. To provide for the punishment of persons who may at any time disturb the peace of the City, and to do or regulate any other matter or thing that may tend to promote the health, welfare, prosperity and morals of the City, and to prohibit and suppress all bawdy houses and disorderly houses and any exhibition show, circus, parade or amusement contrary to good morals and to prohibit and suppress the distribution, sale or possession of obscene pictures and literature; 42. To provide for the arrest, imprisonment, and punishment of vagrants, rioters, and disorderly persons, breakers of the peace, and assemblies of persons on the sidewalks or streets in such manner as to interfere with the free and full use of the same for passage of persons or vehicles; 43. To regulate the speed at which vehicles, boats and other crafts are operated within the corporate limits of the City; 44. To regulate, restrain, or prohibit the storage, sale or use of firearms, tar, pitch, resin, gunpowder, petroleum products, fireworks, and other combustible, -13- 167 explosive , or inflammable material; 45. To regulate where necessary, and subject to the authority of the applicable Federal agency, the operation. of air vessels within or over the City, and to license, tax and regulate airports, airfields and other property used for the landing or service of air vessels; 46. To dispose of seized, abandoned or captured property; 47. To fix and enforce standards and knowledge and ability for all persons engaged in the practice of any profession, trade , occupation or business affecting the public interest, including mechanics, plumbers, pipe fitters, electricians, carpenters, masons, painters, and other persons engaged in the construction and re- pair of buildings, equipment or personal property, to license , regulate and control the said persons, and provide for the examination and inspection of their work, to require applications for building permits for all buildings and electrical, gas, or plumbing instal- lations, or other installations, to be erected, altered reconstructed or repaired and for the inspection of the same, and to collect fees to pay the expenses of exami- nation and inspection of such persons and their work; 48. To provide hospitalization and other insurance for any of its officers and employees, and to pay the whole or any part of the cost and premiums thereof; 49. To raise annually by the assessment, levy and collection of taxes upon all property subject to taxa- tion under the laws of the State of Florida as herein -14- 167 provided, such sums of money as may be required for municipal purposes, including the payment of the prin- cipal and interest of any indebtedness of the City now existing or hereafter created; 50. To levy, assess and collect taxes as herein provided; 51. To levy and collect special or local assess- ments for public improvements in the manner herein prescribed; 52. To make its own valuations of property for the purpose of municipal taxation, without regard to the valuation made by the County for taxation; provid- ed, however, that the valuation so made by the City for municipal taxation shall be just and have a fair rela- tion to a uniform and equal rate of taxation; 53. To enforce any of the liens accruing to the City as herein provided, or as provided by the general laws of the state , in any manner authorized by law for the enforcement of liens, including the manner provided elsewhere in this act, and if no interest rate is spec- ified herein the liens shall bear interest at the rate of six (6) per cent per year; 54. To impose, levy and collect excise taxes on any admissions to places of amusement or athletic con- tests, with the power of selection and the amount of such taxes shall not be dependent upon any general state law; 55. To impose, levy and collect license taxes upon privileges , businesses, occupations, and professions carried on and engaged in, in whole or in part within -15- 167 the City, except such as may be specifically exempted by law from municipal license taxation; and to classify and define such privileges, businesses, occupations and professions for the purpose of taxation; and without regard to whether the said privileges, businesses, occupations and professions shall be taxable by the state or not; 56. To license, regulate, limit, restrict, restrain or prevent sales, consumption or service of alcoholic beverages, either for consumption on the premises or in containers for consumption off the premises; or to limit or restrict the areas in said City in which such bev- erages may be sold, with the power to select and estab- lish zones where such beverages may not be sold; or to limit or restrict the number of places in said City in which such beverages may be sold or served for the con- sumption on the premises or sold in containers for con- sumption off the premises; or to limit or restrict the number of persons who may be issued licenses for such sales; any such power herein granted, not being limited or prohibited, by any general state law except where 57. To license, regulate, limit, franchise, regis- ter and control taxies, busses and other means of pub- lie transportation operated within the City; to control -16- 167 and register the drivers thereof, to fix the rates to be charged for the carriage of persons or baggage with- in the City and to require that all vehicles used for the public transportation of persons shall be covered by a bond, as fixed by ordinance for the protection of passengers and the public (and without regard to whether the same shall be licensed, taxed, or regulated by the state or not, and without regard to the rate of taxa- tion to be fixed by the general state law, except where specifically so provided) ; 58. To license, control, tax, regulate and cause to be registered, or to prohibit on any of the City streets, parts of streets or public ways, all carriages, cars, wagons, trailers , motorcycles, bicycles, scooters and vehicles and conveyances of any kind whatsoever, and to license , tax, regulate and cause the drivers thereof to be registered; 59. To license, control, tax and regulate traffic and sales upon streets , sidewalks, parks and public places within the City and to regulate, suppress and prohibit hawkers, vendors and peddlers upon such streets, sidewalks, parks and public places; 60. To fix and provide by ordinance for a tax on dogs kept within the City; and to provide that dogs on which such tax shall not be paid may be disposed of under such conditions as may be provided by said ordinance; 61. The City of Cape Canaveral shall have the power to adopt laws, ordinances, rules and regulations for the purpose of exercising the foregoing powers and -17- 167 to do all other acts and perform all other functions reasonably required for the protection of the public welfare, and the rights and privileges of the inhabi- tants of said City. ARTICLE III ELECTED OFFICERS, QUALIFICATIONS AND TERMS SECTION 1. QUALIFICATIONS OF MAYOR AND COUNCILMEN The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of freeholder electors therein. They shall have been residents of the City or an area annexed by the City for a period of two years immediately preceding their election. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall, while in office, be convicted of a crime in- volving moral turpitude, shall forfeit his office and his seat shall immediately become vacant. Absence from four consecutive regular meetings of the City Council, or from thirty per cent of the meetings held annually shall operate to vacate the seat of a member of the City Council or the office of Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. SECTION 2. APPOINTED OFFICERS The City Council shall have the power to appoint, employ and remove from office such officers and employ- ees of the City as the City Council shall deem neces- -18- 167 see amendment following page to do all other acts and perform all other functions reasonably required for the protection of the public welfare, and the rights and privileges of the inhabitants of said City. ARTICLE III ELECTED OFFICERS , QUALIFICATIONS AND TERMS SECTION 1. QUALIFICATIONS OF MAYOR AND COUNCILMEN The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of freeholder electors therein. They shall have been residents of the City or an area annexed by the City for a period of two years immediately preceding their election. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall , while in office, be convicted of a crime in- volving moral turpitude, shall forfeit his office and his seat shall immediately become vacant. Absence from four consecutive regular meetings of the City Council, or from thirty per cent of the meetings held annually shall operate to vacate the seat of a member of the City Council or the office of Mayor unless such absence shall be excused by a resolution duly adopted by the City Council . SECTION 2 . APPOINTED OFFICERS The City Council shall have the power to appoint, employ and remove from office such officers and employ- ees of the City as the City Council shall deem neces- -18- (Revised) sary for the operation of the City. Said appointments and removals shall be subject to the majority vote of the City Councilmen. The City Council shall fix the compensation of all appointed officers and employees of the City. The offices of City Clerk, Tax Assessor, Tax Collector, and City Treasurer may be held by one and the same person, or may be combined in the office of City Clerk, or may be combined in such manner as the City Council may direct. SECTION 3. COMPENSATION OF OFFICERS The City Council may, by ordinance, provide for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. The first ordinance to provide for the compen- sation, if any, of the Mayor or the Councilmen shall be passed at least sixty (60) days, but not more than ninety (90) days prior to the General City Election of 1965. At that time the compensation to be paid to the Mayor and the Councilmen during the following two years may be established. Such action shall be taken there- after at two year intervals at least sixty (60) days but not more than ninety (90) days preceding the gen- eral city election. Compensation for City Councilmen shall not exceed six hundred dollars per year during the first four years in which such compensation shall be paid or twelve hundred dollars per year thereafter. The compensation paid to the Mayor shall not exceed eight hundred dollars per year during the first four years such compensation shall be paid or sixteen hun- -19- 167 See amendment following page sary for the operation of the City. Said appointments and removals shall be subject to the majority vote of the City Councilmen. The City Council shall fix the compensation of all appointed officers of the City by resolution. The appointed officers shall be those of the City Manager and the City Attorney. SECTION 3 . COMPENSATION OF OFFICERS The City Council may, by ordinance, provide for the compensation of the Mayor, its members and its appointed officers , and the method of payment of the same. The first ordinance to provide for the compen- sation, if any, of the Mayor or the Councilmen shall be passed at least sixty (60) days , but not more than ninety (90) days prior to the General City Election of 1965 . At that time the compensation to be paid to the Mayor and the Councilmen during the following two years may be established. Such action shall be taken there- after at two year intervals at least sixty (60) days but not more than ninety (90) days preceding the gen- eral city election. Compensation for City Councilmen shall not exceed six hundred dollars per year during the first four years in which such compensation shall be paid or twelve hundred dollars per year thereafter. The compensation paid to the Mayor shall not exceed eight hundred dollars per year during the first four years such compensation shall be paid or sixteen hun- -19- (Revised) dred dollars per year thereafter. SECTION 4. VACANCIES IN ELECTED OFFICES If any vacancy occurs in the City Council, for any reason other than the recall of a Councilman, the City Council shall, within thirty (30) days following the occurrence of the vacancy, elect a successor Councilman who shall serve for the remainder of the term of office of the Councilman whom he succeeded. Any Councilman so elected shall take office immediately upon his election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time; the Governor shall appoint successor Councilmen to fill the vacancies on the City Council and any Councilmen so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired terms of office of the Councilmen whose seats become vacant, and said election shall be held within sixty (60) days. following the said appointments by the Governor. If such appoint- ments shall be made within six months of the next General Election, no special election shall be required but those offices shall be filled at such General Election. If there shall be a vacancy in the office of Mayor, the Mayor Pro Tem shall fill that office until a successor to the Mayor is elected by the City Council. ARTICLE IV THE MAYOR. POWERS AND DUTIES SECTION 1. DUTIES OF THE MAYOR -20- 167 see amendment following page dred dollars per year thereafter. SECTION 4. VACANCIES IN ELECTED OFFICES If any vacancy occurs in the City Council, for ally reason other than the recall of a Councilman, the City Council shall, within thirty (30) days following the occurrence of the vacancy, elect a successor Councilman who shall serve for the remainder of the term of office of the Councilman whom he succeeded. Any councilman so elected shall take office immediately upon his election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Councilmen to fill the vacancies on the City Council and any Councilmen so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired tern of office of the Councilmen whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such appoint- ments shall be made within six months of the next General Election, no special election shall be required but those offices shall be filled at such General Election. If there shall be a vacancy in the office of Amendment of=General Election June 1, 1970 Mayor, the Mayor Pro-Tem shall serve as Mayor until the next general election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. ARTICLE IV THE MAYOR, POWERS AND DUTIES SECTION 1. DUTIES OF THE MAYOR The Mayor of the City shall see that all ordinances are faithfully executed and shall be the titular head of the City Government. He shall be the official rep- resentative of the City at all state functions or other functions requiring an official representative of the City. -20- See Amendment following page dred dollars per year thereafter. SECTION 4. VACANCIES IN ELECTED OFFICES- If any vacancy occurs in the City Council, for any reason other than the recall of a CounciLnan, the City Council shall, within thirty (30) days following the occurrence of the vacancy, elect a successor Councilman who shall serve for the remainder of the tem of office of the Councilman whom he succeeded. Any councilman so elected shall take office immediately upon his election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Councilmen to fill the vacancies on the City Council and any Councilmen so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired term of office of the Councilmen whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such appoint- ments shall be made within six months of the next General Election, no special election shall be recuired but those offices shall be filled at such General Election. I If there shall be a vacancy in the office of Amendment of=General Election June 2, 1970 Moor, the Mayor Pro-Tem shall serve as Mayor until the next general election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. ARTICLE IV THE MAYOR, POWERS AND DUTIES SECTION 1. DUTIES OF THE MAYOR The Mayor of the City shall see that all ordinances are faithfully executed and shall be the titular head of the City Government. He shall be the official rep- resentative of the City at all state functions or other functions requiring an official representative of the City. -20- See Amendment following page dred dollars per year thereafter. SECTION 4. VACANCIES IN ELECTED OFFICES If any vacancy occurs in the City Council for any reason other than the recall of a Council Person, the City Council shall, within thirty (30) days following Amendment of General Election November 2, 1928 the occurrence of a vacancy, elect a successor Council Person who shall serve until the next General Election. At the next General Election, the vacant position shall be filled by a vote of the electors for the remainder of the original term. Any councilman so elected shall take office immediately upon his election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Councilmen to fill the vacancies on the City Council and any Councilmen so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired term of office of the Councilmen whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such appointments shall be made within six months of the next General Election, no special election shall be required but those offices shall be filled at such General Election. If there shall be a vacancy in the office of Mayor, the Mayor Pro-Tem shall serve as Amendment of General Election June 2, 1970 Mayor until the next general election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. ARTICLE IV THE MAYOR, POWERSAND DUTIES SECTION 1. DUTIES OF THE MAYOR The Mayor of the City shall see that all ordinances are faithfully executed and shall be the titular head of the City Government. He shall be the official repre- sentative of the City at all state functions or other functions requiring an official representative of the City. -20- The Mayor of the City shall see that all ordinances are faithfully executed and shall be the titular head of the City Government. He shall be the official rep- resentative of the City at all state functions or other functions requiring an official representative of the City. The Mayor shall not have the power to veto any ordinance or resolution passed by the City Council. The Mayor shall cast the deciding vote on any issue before the Council which has resulted in a tie vote. This vote shall be cast at the same meeting at which the Council votes. During the absence or disability of the Mayor his duties shall be performed by the Mayor Pro Tem. SECTION 2. ADDITIONAL DUTIES The Mayor shall also recommend and propose such legislation and other matters of a similar nature to the City Council which he deems expedient and proper. The Mayor shall preside at meetings of the City Council. ARTICLE V THE CITY COUNCIL, ORGANIZATION AND POWERS SECTION 1. MEETINGS The City Council shall meet at such time and place as may be prescribed by ordinance or resolution. The Council shall hold a minimum of two meetings per month. Special meetings may be held on an affirmative vote of a majority of the City Councilmen. All meetings of the City Council for the transaction of official business shall be open to the public. -21- 167 See Amendment following page The Mayor shall not have the power to veto any ordinance or resolution passed by the City Council. The Mayor shall vote on issues comfng before the Amendment General Election June 2, 1970 council as if he were a councilman. During the absence or disability of the Mayor his duties shall be performed by the Mayor Pro-Tem. SECTION 2. ADDITIONAL DUTIES The Mayor shall also recommend and propose such legislation and other matters of a similar nature to the City Council which he deers expedient and proper. The Mayor shall preside at meetings of the City Council. SECTION 3, ELECTION OF MAYOR The office of Mayor shall be elected commencing with the general city election in 1971, and the candidate Added by General Election June 2, 19[cutoff text] 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 a term of three (3) years and thereafter the Mayor elected shall serve a three (3) year term or until his successor shall be elected and qualified. ARTICLE V THE CITY COUNCIL, ORGANIZATION AND POWERS SECTION 1. MEETINGS The City Council shall meet at such time and place as may be prescribed by ordinance or resolution. The Council shall hold a minumum of two meetings per month. Special meetings may be held on an affirmative vote of a majority of the City Councilmen. All meetings of the City Council for the transaction of official business shall be open to the public. SECTION 2. RULES OF PROCEDURE The City Council may enact its own rules of procedure, may prescribe penalties for the nonattendance and mis- conduct of its members and enforce the same, may compel -21- SECTION 2. RULES OF PROCEDURE The City Council may enact its own rules of proce- dure, may prescribe penalties for the nonattendance and misconduct of its members and enforce the same, may com- pel the attendance of members and, on a two-thirds vote, may expel a-member for misconduct in office or neglect of duty. Misconduct shall include the acceptance of gifts, gratuities or services intended to influence a member's consideration, vote or action upon any offi- cial business of the city. SECTION 3. QUORUM A majority of all members of the City Council shall constitute a quorum to transact business. SECTION 4. ELECTION OF MAYOR AND MAYOR PRO TEM The City Council shall annually elect from its membership a Mayor and a Mayor Pro Tem. ARTICLE III CITY MANAGER SECTION 1. APPOINTMENT If the City Council shall, by ordinance, appoint a City Manager, he shall be the administrative head of the government and shall be responsible for the effec- tive administration of all departments of the City. He shall be chosen on the basis of his executive and admin- istrative qualifications. He may or may not be a resi- dent of the City or of the State of Florida. He shall hold office at the will of the Council, and shall receive such salary as may be fixed by the Council. The duties of City Manager shall be established by the Council. In the case of sickness or absence of the City Manager, the City Council may appoint another -22- 167 See amendment following page the attendance of members and, on a**four-fifths vote ** Amended of General Election June 2, 1970 may expel a member for mis conduct in office or neglect of duty. Misconduct shall include the acceptance of gifts, gratuities or services interned to influence a member's consideration, vote or action upon any official business of the city. SECTION 3. QUORUM A majority of all members of the City Council shall constitute a quorum to transact business. SECTION 4. ELECTION OF MAYOR AND MAYOR PRO-TEM The City Council shall annually elect from its membership a Mayor and a Mayor Pro-Tem. Commencing with Amendment of General Election June 2, 1970 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. ARTICLE VI CITY MANAGER SECTION 1. APPOINTEMENT If the City Council shall, by ordinance, appoint a City Manager, he shall be the administrative head of the government and shall be responsible for the effec- tive administration of all departments of the City. He shall be chosen on the basis of his executive and admin- istrative qualifications. He may or may not be a resi- dent of the City or of the State of Florida. He shall hold office at the will of the Council, and shall receive such salary as may be fixed by the Council. The duties of City Manager shall be established by the Council. In the case of sickness or absence of the City Manager, the City Council may appoint another -22- person, not a member of the Council, to act for the City Manager during his sickness or absence and the person so appointed may, during the sickness or absence of the City Manager, act for him and perform all his duties and all such acts of the person so appointed shall be as valid as those performed by the City Manager. ARTICLE VII CITY ATTORNEY SECTION 1. QUALIFICATIONS The City Council shall appoint a City Attorney and such Assistant City Attorneys as may be necessary, who shall serve at the pleasure of the Council and act as the legal advisor for the municipality and of lts officers in matters relating to their official duties. He shall be a lawyer of experience and practice in the courts of the State of Florida. SECTION 2. DUTIES The City Attorney shall prepare all contracts, bonds and other instruments in writing in which the municipality is concerned, or shall indorse on each his approval of the form, language and execution thereof; and no contract with the municipality shall be binding upon the municipality until the City Attorney has examined said contract. When required by the Council, he shall be the prosecutor in the Municipal Court, and when required by the Council, he shall prosecute and defend, for and in behalf of the City, all complaints, -23- 167 suits and controversies in which the City is a party. He shall furnish the Council, or the City Clerk, his opinion on any question of law relating to their respective powers and duties, and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Council or by this act, or such as are prescribed for City Attorneys under the general laws of this state, not inconsistent with this Charter. SECTION 3. COMPENSATION The City Council may, from tine to time, by resolu- tion, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this act and by the Council, pro- vided, that all special or unusual services required of the City Attorney, the fee for which is not otherwise prescribed in this act, may be specially compensated as the Council may see fit to provide. ARTICLE VIII CITY CLERK SECTION 1. APPOINTMENT AND DUTIES The City Council shall appoint a City Clerk and such deputies as might be required. It shall be the duty of the City Clerk to attend all meetings of the City Council, and to keep correct minutes of all their proceedings in a book kept for that purpose. The City Clerk shall be custodian of papers, books and records of the City and of the seal of the City, and shall -24- 167 suits and controversies in which the City is a party. He shall furnish the Council , or the City Clerk, his opinion on any question of law relating to their respective powers and duties, and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Council or by this act, or such as are prescribed for City Attorneys under the general laws of this state, not inconsistent with this Charter. SECTION 3 . COMPENSATION The City Council may, from time to time, by resolu- tion, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this act and by the Council , pro- vided, that all special or unusual services required of the City Attorney, the fee for which is not otherwise prescribed in this act, may be specially compensated as the Council may see fit to provide. ARTICLE VIII CITY CLERK SECTION 1 . APPOINTMENT AND DUTIES The City Manager shall appoint a City Clerk and such deputies as might be required. It shall be the duty of the City Clerk to attend all meetings of the City Council , and to keep correct minutes of all their proceedings in a book kept for that purpose. The City Clerk shall be custodian of papers , books and records of the City and of the seal of the City, and shall -24- (Revised) attest and affix the seal of the City to all instruments and documents requiring the same; and he shall perform such other duties as are prescribed in this act or re- quired by ordinance, or shall be required by the City Council from time to time. ARTICLE IX CITY TAX ASSESSOR SECTION 1. APPOINTMENT AND DUTIES The City Council shall appoint a City Tax Assessor. He shall serve at the pleasure of the Council. He shall prepare tax maps, assess all properties within the corporate limits of the City for taxation, maintain assessment rolls and perform all the usual duties of a tax assessor. SECTION 2. ASSESSING PROPERTY It shall be the duty of the tax assessor, between the first day of January and the fifteenth day of July of each year to ascertain by diligent search and in- quiry all taxable property, real and personal, rail- roads, telephone and telegraph lines, within the City, and the name of the person, firm or corporation owning the same as of the first day of January of each year, and to make an assessment of the full cash value of all such property which is taxable. The tax assessor shall visit and inspect all of the real estate, unless per- sonally acquainted therewith, and the improvements thereon, and shall fix the valuation of the same, and shall require the owner or owners of personal property -25- 167 See Amendment following page attest and affix the seal of the City to all instruments and documents requiring the same; and he shall perform such other duties as are prescribed in this act or re- quired by ordinance, or shall be required by the City Manager from time to time . ARTICLE IX CITY TAX ASSESSOR SECTION 1. APPOINTMENT AND DUTIES The City Council shall appoint a City Tax Assessor. He shall serve at the pleasure of the Council . He shall prepare tax maps, assess all properties within the corporate limits of the City for taxation, maintain assessment rolls and perform all the usual duties of a tax assessor. SECTION 2 . ASSESSING PROPERTY It shall be the duty of the tax assessor, between the first day of January and the fifteenth day of July of each year to ascertain by diligent search and in- quiry all taxable property, real and personal , rail- roads , telephone and telegraph lines within the City, and the name of the person, firm or corporation owning the same as of the first day of January of each year, and to make an assessment of the full cash value of all such property which is taxable. The tax assessor shall visit and inspect all of the real estate, unless per- sonally acquainted therewith , and the improvements thereon, and shall fix the valuation of the same, and shall require the owner or owners of personal property -25- (Revised) to return the same and fix the valuation thereof. In case the owner or owners of any personal property shall neglect or refuse to return the same and fix the valua- tion thereof, the tax assessor shall place a value thereon to the best of his knowledge, information and belief, and any person or persons failing or refusing to make such returns on or before the first day of April in each year shall not be permitted afterwards to reduce the valuation placed thereon by the City Tax Assessor for the current year. The tax rolls and records of the tax assessor' s office shall be open for public inspection at all reasonable times. SECTION 3. APPRAISERS The City may employ, by contract or otherwise, an appraiser to appraise any or all property, real and personal, within the corporate limits of the City, or may accept the value placed on such property by the Brevard County Tax Assessor. The office of the City Tax Assessor may be combined with other offices as pro- vided by this act. ARTICLE X CITY TAX COLLECTOR SECTION 1. APPOINTMENT AND DUTIES The City Council shall appoint a City Tax Collector. It shall be the duty of the City Tax Collector to col- lect all taxes on real and personal property in the City according to the assessment rolls and as shall be required by law and the ordinances of this City; to -26- 167 collect all license taxes on all trades, professions, occupations and businesses as shall be provided by the provisions of this act or by law and ordinance; to collect all such funds and file his receipt thereof. All funds collected by him shall be immediately paid over to the City Treasurer, to be deposited by him in the City Depository. As tax collector he shall make monthly reports to the City Council of all moneys and funds collected by him or coming into his hands, and shall make any additional reports as may be required of him by the City Council, and he shall perform such other duties as are prescribed by this act or required by ordinance or shall be required by the Council from time to time. ARTICLE XI CITY TREASURER SECTION 1. APPOINTMENT AND DUTIES The City Council shall appoint a City Treasurer. It shall be the duty of the City Treasurer to receive all moneys and funds coming in or belonging to the City for taxes, licenses, fines and from any and all sources whatever, and he shall keep a faithful and strict account of all such moneys and funds, and shall pay same out only upon the order of the City Council, made in pursuance of law and ordinance. It shall be the duty of said City Treasurer to keep a strict account of each fund separate. All City funds shall be kept and deposited as shall be directed by the City Council. The City Treasurer shall prepare all checks and vouchers -27- 167 See Amendment following page collect all license taxes on all trades , professions, occupations and businesses as shall be provided by the provisions of this act or by law and ordinance; to collect all such funds and file his receipt thereof. All funds collected by him shall be immediately paid over to the City Treasurer, to be deposited by him in the City Depository. As tax collector he shall make monthly reports to the City Council of all moneys and funds collected by him or coming into his hands , and shall make any additional reports as may be required of him by the City Council , and he shall perform such other duties as are prescribed by this act or required by ordinance or shall be required by the Council from time to time. ARTICLE XI CITY TREASURER SECTION 1. APPOINTMENT AND DUTIES The City Manager shall appoint a City Treasurer. It shall be the duty of the City Treasurer to receive all monies and funds coming in or belonging to the City for taxes , licenses , fines and from any and all sources whatever, and he shall keep a faithful and strict account of all such monies and funds and shall pay same out only upon the order of the City Council , made in pursuance of law and ordinance. It shall be the duty of said City Treasurer to keep a strict account of each fund separate. All City funds shall be kept and deposited as shall be directed by the City Manager. The City Treasurer shall prepare all checks and vouchers -27- (Revised) to be drawn on the City depositories, and shall sign the same and present such checks to the Mayor, or in his absence to the Mayor Pro Tem, to be countersigned as provided herein, or as otherwise provided by ordi- nance of the City Council. He shall perform such other duties as the City Council, from time to time, shall require of him. ARTICLE XII MUNICIPAL COURT SECTION 1. APPOINTMENT OF JUDGE AND FORMATION OF COURT The Municipal Court of the City of Cape Canaveral shall be presided over by the Municipal Judge, who shall be a licensed attorney-at-law, appointed by the City Council, and the said court is hereby established, which court shall have jurisdiction to try the viola- tion of all ordinances of the City, and to inflict such penalties as the ordinances may prescribe, not to exceed a fine of five hundred dollars, or imprisonment for sixty days, or both fine and imprisonment, for any one offense. SECTION 2. DUTIES AND POWERS OF THE JUDGE The Municipal Judge shall have the power by his war- o rants to have brought before him any person or persons charged with the violation of City ordinances, and shall have exclusive original jurisdiction over all proceed- ings of a criminal nature for the violation of any ordinance of the City. In the proper exercise of the functions of the Municipal Court within its jurisdiction as herein defined, the Municipal Judge shall have the -28- 167 See Amendment following page to be drawn on the City depositories , and shall sign the same and present such checks to the Mayor, or in his absence to the Mayor Pro Tem, to be countersigned as provided herein, or as otherwise provided by ordi- nance of the City Council . He shall perform such other duties as the City Manager, from time to time, shall require of him. ARTICLE XII MUNICIPAL COURT SECTION 1 . APPOINTMENT OF JUDGE AND FORMATION OF COURT The Municipal Court of the City of Cape Canaveral shall be presided over by the Municipal Judge, who shall be a licensed attorney-at-law, appointed by the City Council, and the said court is hereby established, which court shall have jurisdiction to try the viola- tion of all ordinances of the City, and to inflict such penalties as the ordinances may prescribe, not to exceed a fine of five hundred dollars, or imprisonment for sixty days, or both fine and imprisonment, for any one offense. SECTION 2 . DUTIES AND POWERS OF THE JUDGE The Municipal Judge shall have the power by his war- rants to have brought before him any person or persons charged with the violation of City ordinances, and shall have exclusive original jurisdiction over all proceed- ings of a criminal nature for the violation of any ordinance of the City. In the proper exercise of the functions of the Municipal Court within its jurisdiction as herein defined, the Municipal Judge shall have the -28- (Revised) power and is authorized to issue and cause to be served any and all writs and processes such as are issued by Justices of the Peace in the State of Florida, and the Police of the City of Cape Canaveral are authorized and it is made their duty to execute and serve any and all such writs and processes issued out of the said Munici- pal Court by the Municipal Judge and to make proper re- turn upon the sale to such court in the manner as is required of Constables and Sheriffs in the execution of similar papers. The Municipal Judge shall have power and authority to take bail for the appearance of an accused person, to require the attendance of witnesses for the City and for the accused person, to administer oaths, take affidavits, and to inquire into the true or falsity of all charges preferred, to decide on the guilt or innocence of the accused, and to fix and impose such penalties by sentence as are prescribed and provided under the ordinance of the City, and to have all powers incidental and usual to the due enforcement of such City ordinances. The Municipal Judge is hereby granted the authority and shall have the power to issue search war- rants to run throughout the territory of the City of Cape Canaveral and such search warrants may be served by the Police of the City of Cape Canaveral. The procedure and grounds for the issuance of said search warrant shall be the same as that provided by general law, ex- cept that the violation of a municipal ordinance shall be treated as a misdemeanor is treated under the general law in determining Probable cause for issuance of said search warrant. -29- 167 SECTION 3. PAYMENT OF PINES All persons convicted in the Municipal Court shall forthwith pay all fines and costs assessed against them, and. in default of payment thereof, may be commit- ted to jail at such place as directed by the court. SECTION 4. CLERK OF COURT The City Cleric, or his deputy, of the City of Cape Canaveral shall be the Clerk of the said Municipal Court. SECTTION 5. DUTIES OF CLERK The Clerk of the court shall keep a docket in which shall be entered the title of all cases tried in such court, the nature of the offense charged, the names of all witnesses sworn, and by whom called, the findings and judgment of the court, and the fine and cost incurred, and by whom, whether the judgment is satisfied, and if so, how satisfied, and the date of appeal, if granted. Upon the conviction or acquittal of any defendant, the Clerk shall procure, and file in his office, the complaint, warrant or other processes, and all papers in the case, and a copy thereof, and of entries upon the docket above mentioned, when certified to by him as being a true copy of the original in his keeping, under seal, of the City, shall be prima facie evidence thereof and of the facts therein stated, and shall have the same force and effect in all courts as would the original if produced and proved as such. When so required, the Clerk may take affidavits of persons charging another with the violation of an -30- 167 ordinance or law of the City, and to issue warrants thereon, returnable before the Municipal Court. Such Clerk may issue writs and warrants except search warrants. SECTION 6. ARREST AND CONFINENENT All persons arrested for violation of any ordinance or breach of the peace committed within the City limits, or upon the property of the City outside of its limits, and within the jurisdiction of the Municipal Court as defined under this act, shall be immediately confined in the City jail or house of detention, or in such other place as may be designated by ordinance , and remain there until a hearing has been had before the Municipal Court, unless such person or persons shall give proper security, in which event they may be released. SECTION 7. TAKING OF BOND The Municipal Judge or the Clerk of the Municipal Court or such deputies as designated by the City Council , shall have authority to take from persons so arrested, a bond or other security for appearance be- fore the Municipal Court, but no such bond or security shall be for less than five dollars nor more than five hundred dollars. SECTION 8. FORFEITURE OF BOND In all cases where accused persons have been re- leased upon bond or other security, and they fail to appear, the Municipal Court shall declare such bond or security estreated, and such action shall be recorded upon the docket, and in such case the Municipal Judge -31- 167 may, at his discretion, issue a capias for the re- arrest of the accused person. SECTION 9. DISPOSITION OF FINES The Municipal Court shall have authority to pre- serve order-and decorum, and shall be invested with the same powers to that end, by fine and imprisonment as are possessed and authorized to be exercised by Criminal Courts of Record within the state. All fines, penalties and fees collected by the Municipal Court shall be a part of the revenue of the City, end shall be paid to the City Treasurer on the day on which col- lected, and receipt taken therefor. The moneys so paid into the City Treasury may, by resolution of the City Council, be appropriated to any particular funds and shall thereafter be used in accordance with such resolution. SECTION 10. UTILIZATION OF PRISONERS All persons imprisoned after conviction in the Municipal Court shall be required to work for the City at such labor as their health and strength will permit, within or without the limits of the City, not exceeding eight hours each day and for not exceeding sixty con- secutive days for one offense. SECTION 11. REMITTANCE OF FINES No fine or other penalty imposed by the Municipal Court shall be remitted except by action of the City Council upon the recommendation of the Municipal Judge; provided, however, that this shall not be construed as precluding the Municipal Judge from suspending sen- -32- 167 tences imposed by such court , if such suspension is made at the time the sentence is imposed. ARTICLE XIII POLICE DEPARTMENT SECTION 1. CONTINUANCE OF PRESENT LAN ENFORCEMENT The present City Marshall, Roy L. Staton, or his appointed successor in office , shall continue to serve in that office and perform the duties thereof until such time as a plan for law enforcement is adopted by the City Council and placed in operation; and such plan shall be adopted by the City Council within ninety days following the effective date of this act. SECTION 2. CLARIFICATION OF TITLES Such law enforcement agency as shall be established under the provisions of Article XIII, Section 1, of this act shall fulfill the duties established by this act for the Police Department, and the Chief Law En- forcement Officer of such agency shall perform those duties delegated to the Chief of Police by this act. SECTION 3. DUTIES OF CHIEF OF POLICE It shall be the duty of the Chief of Police to attend meetings of the City Council as directed by the City Council; to aid in the enforcement of order; to execute all papers and process of the City or its authorities; to attend Municipal Court during its sit- tings; to execute its commands and to aid in the en- forcement of order therein and to perform such other duties as may be lawfully required of him. Subject to -33- 167 the authority and instructions of the City Council, the Chief of Police shall have and exercise control over the Police Department. SECTION 4. ARREST The Chief of Police, his deputies, and any desig- nated police officer of the City, shall have the power and authority of arrest upon any warrant issued upon sworn complaint and to immediately arrest, with or without warrant , and take into custody any person who shall commit, threaten or attempt to commit in his pre- sence or within his view, any offense prohibited by the ordinances and laws of the City, and shall without unnecessary delay bring the offenders before the Municipal Court to be dealt with according to law. SECTION 5. EXTENDING POLICE JURISDICTION The Chief of Police and his deputies shall have the power and authority to make arrest anywhere outside the corporate limits of the amity for a violation of any City Ordinance or any criminal statute of the State of Florida which occurred within the corporate limits of the City, if the arresting officer is in fresh pursuit of the alleged violator from inside the corporate limits of the City. SECTION 6. TRAFFIC SUMMONS All police officers shall be empowered to issue summons on traffic offenses against all local residents or non-residents violating any traffic ordinance or traffic law within said municipality. -34- 167 ARTICLE XIV FIRE DEPARTMENT SECTION 1. AUTHORIZATION OF FIRE DEPARTMENT The City may have a paid Fire Department which shall consist of a Fire Chief and such other number of firemen as the City Council may determine . The Fire Chief shall be the head of the Fire Department and he shall be appointed and removed by the City Council. He and the firemen shall receive such compensation as may be determined by the City Council. SECTION 2. VOLUNTEER FIRE DEPARTMENT The City may support and assist a Volunteer Fire Department or Departments. Such support and assistance may include, but shall not be limited to , the furnish- ing of City Fire Trucks, fire fighting equipment and supplies for any use by the volunteer Fire Department or Departments, payments to volunteer firemen for attendance at Volunteer Fire Department meetings or for answering fire alarms and calls, and the payment of premiums on life insurance and hospitalization insur- ance policies covering, the volunteer firemen. SECTION 3. DUTIES OF FIRE CHIEF It shall be the duty of the Fire Chief to attend such meetings of the City Council as required by the City Council; to aid in the enforcement of all city ordinances relating to the prevention and extinguish- ment of fires and the protection of life and property within the limits of the City of Cape Canaveral, and to -35- 167 execute all papers and process of the City or its authorities relating thereto , and to perform such other duties as may be lawfully required of him, subject to the authority and instructions of the City Council. The Fire Chief shall have and exercise control over the Fire Department. ARTICLE XV PUBLIC WORKS SECTION 1. CREATION OF DEPARTMENT OF PUBLIC WORKS The City Council shall have the power to create in the City of Cape Canaveral, a Department of Public Works to be known as "Department of Public Works, City of Cape Canaveral, Florida." When such department shall be created the City Council shall appoint a Superin- tendent of Public Works who shall be in charge of the Department of Public Works. The Superintendent shall be responsible to the City Council for the proper performance of the duties imposed upon him by this act, and shall perform daily the duties of this office in such a manner as may be designated by the City Council, and he shall provide surety bond in such an amount as may be required by the City Council for the faithful performance of his duties, which shall be as follows: (1) To exercise control and direct supervision over all municipal utilities, contracts, repair of streets, and the care of parks, except those pertaining to the water and sewage systems of the City of Cape Canaveral. (2) To see that the terms and conditions imposed -36- 167 See Amendment following page execute all papers and process of the City or its authorities relating thereto, and to perform such other duties as may be lawfully required of him, subject to the authority and instructions of the City Council . The Fire Chief shall have and exercise control over the Fire Department. ARTICLE XV PUBLIC WORKS SECTION 1. CREATION OF DEPARTMENT OF PUBLIC WORKS The City Council shall have the power to create in the City of Cape Canaveral , a Department of Public Works to be known as "Department of Public Works, City of Cape Canaveral , Florida. " When such department shall be created, the City Manager shall appoint a Superin- tendent of Public Works who shall be in charge of the Department of Public Works . The Superintendent shall be responsible to the City Manager for the proper performance of the duties imposed upon him by this act, and shall perform daily the duties of this office in such a manner as may be designated by the City Manager, and he shall provide surety bond in such an amount as may be required by the City Manager for the faithful performance of his duties , which shall be as follows: 1 . To exercise control and direct supervision over all municipal utilities , contracts , repair of streets and the care of parks , except those pertaining to the water and sewage systems of the City of Cape Canaveral. 2 . To see that the terms and conditions imposed -36- (Revised) See Amendment on following page execute all papers and process of the City or its authorities relating thereto, and to perform such other duties as may be lawfully required of him, subject to the authority and instructions of the City Council. The Fire Chief shall have and exercise control over the Fire Department. Note: See Appendix "A" regarding Fire Protection Ordinance adopted by referendum on 11-5-85. ARTICLE XV PUBLIC WORKS SECTION 1 . CREATION OF DEPARTMENT OF PUBLIC WORKS The City Council shall have the power to create in the City of Cape Canaveral, a Department of Public Works to be known as "Department of Public Works, City of Cape Canaveral, Florida." When such department shall be created, the City Manager shall appoint a Superin- tendent of Public Works who shall be in charge of the Department of Public Works. The Superintendent shall be responsible to the City Manager for the proper performance of the duties imposed upon him by this act, and shall perform daily the duties of this office in such a manner as may be designated by the City Manager, and he shall provide surety bond in such an amount as may be required by the City Manager for the faithful performance of his duties, which shall be as follows: 1 . To exercise controlarid direct supervision over all municipal utilities, contracts, repair of streets and the care of parks, except those pertaining to the water and sewage systems of the City of Cape Canaveral . 2 . To see that the terms and conditions imposed -36- (Revised) in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof to call the same to the attention of the City Council whose duty it is to see that such action as might be necessary to en- force. the same is taken. (3) To have charge of the removal of garbage and trash, or franchise thereof, and it shall be his duty to see that the streets are kept clean. (4) He shall perform such other duties as the City Council, from time to time, shall require of hint. SECTION 2. WATER DEPARTMENT The City Council shall have the power to create in the City of Cape Canaveral, a Wter Department, to be known as the "Water Department of the City of Cape Canaveral. " When such a department shall be created the City Council shall appoint an Administrator of the Water Department. The Administrator shall be responsible to the City Council for the proper performance of the duties of his office in such a manner as shall be desig- nated by the City Council , and he shall provide surety bond in such amount as may be required by the Council for the faithful performance of his duties, which shall be as follows: (1) To exercise , control and direct supervision over all the affairs of the water system of the City of Cape Canaveral, including the expansion, maintenance and operation of the Water System. (2) He shall perform such other duties as the City Council , from time to time , may require of him. -37- 167 See following page for amendment in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof to call the same to the attention of the City Manager whose duty it is to see that such action as might be necessary to en- force same is taken. 3 . To have charge of the removal of garbage and trash or franchise thereof, and it shall be his duty to see that the streets are kept clean. 4 . He shall perform such other duties as the City Manager, from time to time, shall require of him. SECTION 2 . WATER DEPARTMENT The City Council shall have the power to create in the City of Cape Canaveral , a Water Department, to be known as the "Water Department of the City of Cape Canaveral." When such a department shall be created the City Council shall appoint an Administrator of the Water Department. The Administrator shall be responsible to the City Council for the proper performance of the duties of his office in such a manner as shall be desig- nated by the City Council , and he shall provide surety bond in such amount as may be required by the Council for the faithful performance of his duties, which shall be as follows : (1) To exercise, control and direct supervision over all the affairs of the water system of the City of Cape Canaveral , including the expansion, maintenance and operation of the Water System. (2) He shall perform such other duties as the City Council , from time to time , may require of him. -37- (Revised) ARTICLE XVI BOARDS AND AGENCIES SECTION 1. DEPARTMENT OF PUBLIC HEALTH The City Council shall have the power to create a City Department of Public Health. 1. The qualifications of any person appointed to this Department shall be determined by the City Council which may secure assistance in this matter from any source which they shall deem prudent; and any person so appointed shall hold the position at the will of the Council; and the Council shall have the power to estab- lish the compensation of any person so appointed. 2. The Department shall establish rules and regu- lations necessary to secure the general health of the inhabitants of the City of Cape Canaveral, to prevent and remove nuisances , to prevent the introduction and spread of infectious and contagious diseases into or within the City, and shall establish such quarantine laws as they deem necessary to prevent the spread of such diseases. The quarantine laws adopted under the provisions of this Article shall not be in conflict with similar laws of the United States of America or of the State of Florida. The Department shall enforce the rules and regulations of the State Board of Health. 3. The Department shall be responsible for the inspection, regulation and control of restaurants, lunch rooms, markets , stores or other places where beef, pork, poultry, fish, milk, butter, lard, vege- table compound, fruits, vegetables, and other foods or drugs are served or sold within the city, and to -38- 167 prohibit the sale of any such drugs which are unsafe for human consumption or use , and to provide for the inspection of any other place where such products are prepared for sale within the City, whether such place shall be within the City Limits or outside the same. 4. The Department shall provide for the inspec- tion, regulation and control of hotels, boarding houses, rooming houses , cabin courts , tourist camps, bungalow courts , motor camps , and trailer parks and other places provided for boarding and lodging. SECTION 2. ZONING AND PLANNING BOARD The City Council shall have the power to create a board to be known as the "Zoning and Planning Board of the City of Cape Canaveral. " The number of members to serve on the board and its duties shall be prescribed by ordinance of the Council. No problem or situation related to zoning will be submitted to the City Council prior to being submitted to and acted upon by the board authorized by this section. SECTION 3. RECREATION BOARD The City Council shall have the power to create a Recreation Board which shall advise the Council on matters pertaining to public parks and recreation, and serve in such other similar matters as the Council may direct. The Council may extend to this Board such powers and duties as they shall deem prudent . SECTION 4. RECOMMENDATIONS The recommendations of the boards and agencies created by this Article shall become law only if passed as ordinances by the City Council. ARTICLE XVII GENERAL FINANCE PROVISIONS, BUDGET. AUDIT ADD PURCHASING SECTION 1. FISCAL YEAR. The fiscal year of the City shall begin on the first day of October and end on the thirtieth day of September of the following year. Such year shall con- stitute the budget year of the City Government, and whenever the word "year" appears in this Article it shall be construed as meaning the fiscal year of the City, unless otherwise indicated. SECTION 2. BUDGET COMMITTEE A Budget Committee appointed by the City Council from its membership and such other persons as it may decide , shall submit a recommended budget for the en- suing fiscal year to the City Council on or before the first regular meeting in August. SECTION 3. GENERAL BUDGET REQUIREMENTS The budget document shall present a complete finan- cial plan for the ensuing fiscal year. It shall include at least the following information (1) Detailed estimates of all proposed expendi- tures for each department and office of the City, show- ing the expenditures for corresponding items for the last preceding and current fiscal years, with reasons for increases and decreases recommended as compared with appropriations for the current year; -40- 167 (2) Statements of the bonded and other indebted- ness of the city, showing the debt reduction and inter- est requirements, the debt authorized and unissued, and the condition of the sinking funds, if any; (3) Detailed estimates of all anticipated income of the city from sources other than taxes and borrowing, with a comparative statement of the amounts received by the city from each of the same or similar sources for the last preceding and current fiscal years; (4) A statement of the estimated balance or deficit, as the case may be, for the end of the current fiscal year; (5) An .estimate of the amount of money o be raised from current and delinquent taxes, and the amount to be raised from bond issues which, together with income from other sources, will be necessary to meet the proposed expenditures; (6) Such other supporting schedules as the Coun- cil may deem necessary. SECTION 4. PUBLIC HEARING ON BUDGET REQUIRED A public hearing on the budget shall be held before its final adoption, at such time and place as the Council may direct , and notice of such public hear- ing shall be published in a newspaper of general circu- lation in the city at least one week in advance by the Clerk. A copy of the proposed budget shall be pub- lished in a newspaper published in the County at least one week prior to the public hearing. It shall also be on file and available to the public for inspection during office hours in the office of the Clerk for a -41- 167 period of not less than one week prior to such public hearing. SECTION 5. ADOPTION OF BUDGET Not later than the first regular meeting in the month of September, the Council shall, by resolution adopt the budget for the next fiscal year, and shall, in such resolution, make an appropriation for the money needed for municipal purposes during the ensuing fiscal year of the City. Should the Council take no final action during or prior to said meeting, the budget as submitted shall be deemed to have been finally adopted . by the Council. SECTION 6. EXPENDITURES LIMITED TO BUDGET No money shall be drawn from the treasury of the City nor shall any obligation for the expenditure of money be incurred, except pursuant to the budget appro- priation. The Council may transfer any unencumbered appropriation balance or any portion thereof, from one department, fund or agency to another. The balance in any appropriation which has not been encumbered at the end of the fiscal year shall revert to the general fund and be reappropriated during the next fiscal year. SECTION 7. QUARTERLY REVIEW OF BUDGET REQUIRED At the beginning of each quarterly period during the fiscal year, and more often if required by the Council , the City Treasurer shall submit to the Council data showing the relation between the estimated and actual income and expense to date . If it shall appear that the income is less than anticipated, the Council shall reduce appropriations , except amounts required -42- 167 for debt and interest charges , to such a degree as may be necessary to keep expenditures within the income. SECTION 8. DEPOSIT OF CITY MONEY AND SECURITY REQUIRED The Council shall designate the depository or depositories for City funds; shall provide for the regular deposit of all City monies , and shall provide for the proper security of all City deposits. SECTION 9. ANNUAL AUDIT REQUIRED An independent audit shall be made of all accounts of the City Government at least annually, and more fre- quently if deemed necessary by the Council. Such audit shall be made by certified public accountants experi- enced in municipal accounting, and who shall have no personal interest , direct or indirect, in the fiscal affairs of the City Government or any of its officers. An annual report of the City business and the results of the audit shall be made available to the public in such form as will disclose pertinent facts concerning the activities and finances of the City Government, SECTION 10. PURCHASES TO BE BY COMPETITIVE BIDS The City Council shall be responsible for City purchasing. Competitive bid prices for all purchases and public improvement shall be obtained and the pur- chase from or the contract awarded to the lowest compe- tent bidder meeting specifications , except that when such public improvements and purchases shall be avail- able through the State or other governmental agency at a lower price than the lowest bid, then such purchases -43- This page revised Section 10. Amended by Ord. No. 18-78 See Revised Pages 167 for debt and interest charges , to such a degree as may be necessary to keep expenditures within the income. SECTION 8. DEPOSIT OF CITY MONEY AND SECURITY REQUIRED The Council shall designate the depository or depositories for City funds; shall provide for the regular deposit of all City monies, and shall provide for the proper security of all City deposits . SECTION 9. ANNUAL AUDIT REQUIRED An independent audit shall be made of all accounts of the City Government at least annually, and more fre- quently if deemed necessary by the Council . Such audit shall be made by certified public accountants experi- enced in municipal accounting, and who shall have no personal interest, direct or indirect, in the fiscal affairs of the City Government or any of its officers. An annual report of the City business and the results of the audit shall be made available to the public in such form as will disclose pertinent facts concerning the activities and finances of the City Government. SECTION 10. (1) COMPETITIVE BIDDING REQUIRED All purchases and contracts for public improve- ments shall , except as specifically provided herein, be based wherever possible on competitive bids . (2) FORMAL CONTRACT PROCEDURE All purchases and public improvements, except as otherwise provided herein when the estimated costs thereof shall exceed $2,000.00 shall be purchased by formal written contract from the lowest responsible bidder after due notice inviting proposals. -43- (Revised) (a) NOTICE INVITING BIDS Notice inviting bids shall be published once in at least one official newspaper with general circulation in Brevard County, Florida, and at least 5 days preced- ing the last day set for the receipt of proposals. The newspaper notice required shall include a general descrip- tion of the articles to be purchased and shall state where bid blanks and specifications may be secured and the time and place for opening bids . (b) BIDDERS' LIST The City shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders list which the City shall maintain by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the group to which the invitations are sent. The City shall also advertise pending purchases by a notice posted on the public bulletin board in the City Hall. (3) BID DEPOSITS When deemed necessary by the City, bid deposits shall be prescribed in the public notices inviting bids. Un- successful bidders shall be entitled to return of surety where the City has required such. A successful bidder shall forfeit any surety required by the City upon failure on his part to enter into a contract within 10 days after the award. -43a- (4) BID OPENING PROCEDURE Bids shall be submitted sealed to the City and shall he identified as bids on the envelope . Bids shall be opened at the time and place stated in the public notice. A tabulation of all bids received shall be posted for public inspection. (5) REJECTION OF BIDS The City shall have the authority to reject all bids, parts of bids or all bids for any one purchase or public improvements included in the proposed contract when the public interest will be served thereby. (6) The City shall not accept the bid of a contractor who is in default in the payment of taxes, licenses or other monies due the City. (7) AWARD OF CONTRACTS Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder," in addition to price, the City shall consider: (a) the ability, capacity and skill of the bidder to perform the contract or provide the service promptly or within the time specified without delay or interference; (b) whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference; (c) the character, integrity, reputation, judgment, experience and efficiency of the bidder; (d) the quality of performance of previous contracts or services; -43b- (e) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; (f) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide-the service; (g) the quality, availability and adapt- ability of the supplies or contractual services to the particular use required; (h) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract; (i) the number and scope of conditions attached to the bid. (8) AWARD TO OTHER THAN LOW BIDDER When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the City and filed with the other papers relating to the transaction. (9) TIE BIDS If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. Where a local bidder is not involved, the City shall award the contract to one of the tie bidders by drawing lots in public. (10) PERFORMANCE BOND The City shall have the authority to require a perform- ance bond before entering into a contract, in such amount as the City shall find reasonably necessary to protect its best interest. -43c- (11) PROHIBITION AGAINST SUBDIVISION No contract or purchase shall be subdivided to avoid the requirements of this section. (12) OPEN MARKET PROCEDURE All purchases and public improvements of less than the estimated value of $2,000.00 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed in this section for the award of formal contracts. (a) All open market purchases shall, whenever possible, be based on at least three competitive bids and shall be awarded to the lowest responsible bidder, in accordance with the standards set forth above. (b) NOTICE INVITING BIDS The City shall solicit bids by (1) direct mail request to prospective bidders; or (2) by telephone, or (3) by public notice posted on the bulletin board of the City Hall. (c) RECORDING The City shall keep a record of all open market orders and the bids submitted in competition thereon and such re- cords shall also be open to public inspection. (13) SOLE SOURCE PURCHASING When the City has determined that a purchase is to be made which is available from only one source, and no other like supplies or materials are available for purchase by the City, then in that event the City may purchase the items notwithstanding the other provisions of this section. A statement in writing justifying the need for such a sole source purchase shall be placed in the City' s file setting forth the nature of the sole source purchase. -43d- (11) PROHIBITION AGAINST SUBDIVISION No contract or purchase shall be subdivided to avoid the requirements of this section. (12) OPEN MARKET PROCEDURE All purchases and public improvements of less than the estimated value of $2 , 000 . 00 shall be made in the open market, without newspaper advertisement and without observing the pro- cedure prescribed in this section for the award of formal con- tracts. (a) All open market purchases shall, whenever possible, be based on at least three competitive bids and shall be awarded to the lowest responsible bidder, in accordance with the standards set forth above. (i) In the event the open market purchase sought is less than $200 . 00 the above requirement of three com- petitive bids shall not be necessary. All above described stan- dards will be considered guidelines and followed as closely as possible. (b) NOTICE INVITING BIDS The City shall solicit bids by (1) direct mail request to prospective bidders; or (2) by telephone, or (3) by public notice posted on the bulletin board of the City Hall . (c) RECORDING The City shall keep a record of all open market orders and the bids submitted in competition thereon and such records shall also be open to public inspection. (13) SOLE SOURCE PURCHASING When the City has determined that a purchase is to be made which is available from only one source, and no other like supplies or materials are available for purchase by the City, then in that event the City may purchase the items notwithstanding the other provisions of this section. A statement in writing justifying the need for such a sole source purchase shall be placed in the City' s file setting forth the nature of the sole source purchase. -43d- (Revised) and public improvements may be made through the State or such agency. Formal sealed bids shall be obtained on all trans- actions involving the expenditure of One Thousand Dollars ($1,000.00) or more, and the transaction evi- denced by written contract submitted to and approved by the Council. Detailed purchasing and contract pro- cedure shall be established by ordinance. The Council may also authorize the making of public improvements or the performing of any other civic work by any City department or agency without competitive bidding. ARTICLE XVIII REVENUE AND TAXATION SECTION 1. PROPERTY SUBJECT TO TAXATION All real and personal property in the City of Cape Canaveral, not expressly exempt by the laws of the State of Florida, shall be subject to taxation for city purposes in the manner provided in the laws of the State , and ordinances and laws of the City of Cape Canaveral. SECTION 2. TAX YEAR ESTABLISHED--TAX NOTICES The tax year of the City of Cape Canaveral shall be the calendar year, commencing January first and ending December thirty-first. All taxes shall be a lien against the property upon which they are levied or assessed from the first day of January of the year in which such levy and assessment is made until paid, and shall be due and payable on the first day of November in such year. On or before the said date -44- 167 See New Page 44 (14) EMERGENCY PURCHASES In case of an apparent emergency which requires immediate purchase or public improvements , the City Manager shall be empowered to secure by open market procedures as herein set forth, at the lowest obtainable price , any supplies or public improvements , regardless of the amount of the expenditure, when such procurement is essential to prevent delays in the work of the City which may vitally affect the life , health or convenience of citizens . A full report of the circumstances of an emergency purchase shall be filed by the City Manager with the City Council at the next regular City Council meeting following said purchase, and shall be entered in the Minutes of the City Council and shall be open to public inspection. (15) PURCHASES FROM OTHER GOVERNMENTAL LISTS Purchases made by the City utilizing bidders lists from other governmental agencies shall be exempt from the provisions of this ordinance , provided, however, that the City Manager has reasonably determined that purchases from said bidders lists are in the best interests of the City. ARTICLE XVIII REVENUE AND TAXATION SECTION 1. PROPERTY SUBJECT TO TAXATION All real and personal property in the City of Cape Canaveral, not expressly exempt by the laws of the State of Florida, shall be subject to taxation for city purposes in the manner provided in the laws of the State , and ordinances and laws of the City of Cape Canaveral . SECTION 2. TAX YEAR ESTABLISHED--TAX NOTICES The tax year of the City of Cape Canaveral shall be the calendar year, commencing January first and ending December thirty-first. All taxes shall be a lien against the property upon which they are levied or assessed from the first day of January of the year in which such levy and assessment is made until paid, and shall be due and payable on the first day of November in such year. On or before the said date -44- (Revised) in each year, the Tax Collector shall mail to each person owning property upon which a tax has been levied or assessed, describing the property and setting forth the amount of the tax. The City Council may provide by ordinance for discounts for early payment of taxes and for penalties for delinquent payment of taxes. SECTION 3. TAXES ARE LIEN ON REAL AND PERSONAL PROPERTY Real estate shall be described by lots and blocks when so platted, or by sections , townships and, ranges, or in parts or fractions of either as the case may be , or by metes and bounds , as taxes assessed upon real estate , and shall be collected in the manner herein- after prescribed. Personal property shall be assessed separate from real estate but in a manner similar as near as may be , and by the provisions contained in this act. Taxes assessed upon personal property shall be a lien upon the personal property assessed, and be collected in the manner as provided by the Revised General Statutes of the State of Florida, or it may be enforced by a suit in equity against the property, in which case the person or persons owning such proper- ty assessed against which liens exist for taxes due the City, shall be liable to the City for all costs of collection, including a reasonable attorney' s fee; provided the Council may have such taxes on personal property collected through an attorney, the person, firm or corporation owning such personal property against which taxes are due the City shall be liable to the City for a reasonable attorney' s fee , not -45- 167 exceeding fifteen per cent when the same is collected without suit. SECTION 4. CITY COUNCIL TO FIX AND LEVY TAXES Under the procedure established by this act, the City Council shall have the power by ordinance, to raise funds by taxation and to make such annual levy upon the taxable property in the City of Cape Canaveral, as will provide such an amount as may be necessary for the operation of said municipality, the right to levy such additional taxes as may be necessary to pay inter- est on outstanding bonds or such bonds as the City may from time to time issue in accordance with law, and also to provide a sinking fund for redemption of said bonds, and shall have the power to levy additional taxes for any purpose provided for in this act and by the laws of the State of Florida. SECTION 5. CITY COUNCIL TO FIX AND ESTABLISH LICENSES AND OCCUPATIONAL TAXES. The City Council shall have the power and author- ity to provide by ordinance for the issuance , transfer, and expiration of licenses or occupational taxes for all privileges, trades, professions, occupations and businesses in whole or in part within the City of Cape Canaveral; to classify and define such privileges, trades , professions , occupations and businesses for the purpose of taxation; and the classification, definition and amounts of such licenses or taxes shall not be de- pendent upon or controlled or governed by any general state revenue law; and to fix and provide penalties for -46- violations of such ordinances. SECTION 6. LIMITATION ON REAL PROPERTY TAXES No tax on real or personal property shall be levied or imposed by the City Council in excess of such limita- tion on the annual rate thereof as has been approved by at least a majority of the freeholders voting in the City of Cape Canaveral in a referendum election called by the City Council for that purpose. Such maximum limitation on the annual rate of tax levy shall remain effective unless and until such limitation is changed as hereinafter provided. Such referendum shall be held in compliance with the ordinance providing for special elections. The limitation imposed by such referendum may be changed at any time , but only by referendum held in the same manner as provided herein for establishing the original limitation. The limitation on annual rate provided herein shall in no way limit or prohibit the levy of taxes pledged to the payment of principal and interest. SECTION 7. BOARD OF EQUALIZATION ESTABLISHED The City Council shall, at its second meeting in August in each year, or at a special meeting in August, starting with the year following the approval of such taxes , sit as a Board of Equalization of Taxes; and due notice of said meetings shall be given by publica- tion for not less than two issues seven days apart in a newspaper published within the County. At such meetings the Council sitting as a Board of Equalization as aforesaid, shall have before it the assessment rolls -47- 167 prepared by the Assessor of Taxes and shall proceed to equalize and revise the said assessment. The Council at that time shall have the right to make all inquiries necessary and, if advisable , to take testimony for the purpose of determining: the valuation of any property so assessed. ail persons owning property, real or person- al , in the City of Cape Canaveral, shall have the right to appear before such Board of Equalization and to be heard; and the said Board shall remain in session from day to day for as long as may be necessary to hear such complaints and to equalize and revise such assessments; provided, that the said Board shall not be required to remain in session for longer than three (3) successive days. SECTTION 8. OMITTED PROPERTY MAY BE BACK-TAXED The Assessor, upon discovery that any real, or per- sonal property has been omitted from the assessment roll for either or all of the three previous years, or that any real estate was illegally sold for taxes in either of such years , but was then liable for taxation, may in addition to the assessments for the current year, assess the same for the year or years omitted or ille- gally sold, noting such assessment separately and the same shall be collected with the taxes for the current year. Such assessment shall have full force and effect , and the taxes thereon shall be levied and collected with the taxes for the current year, and all such pro- perty shall be subject to such taxes in whosoever hands it may have passed. -48- SECTION 9. CERTIFICATION OF ASSESSMENT ROLLS After the said assessment rolls shall have been revised and equalized as hereinbefore provided, the same shall be returned to the Tax Assessor with a certification of the Mayor and Clerk of the City Council that the same has been revised and equalized, and thereafter the values fixed upon the said assess- ment roll shall not be changed. ARTICLE XIX COLLECTION OF DELINQUENT TAXES SECTION 1. DELINQUENT TAX NOTICE TO BE POSTED Beginning April the first in each year, the City Tax Collector shall prepare a list of all real, property on which the current taxes have not been paid showing the description of the lot or tract, the name of the owner shown on the assessment roll , list or cards and the amount of taxes due thereon, which list shall be completed on or before June first and posted on the bulletin board in the office of the City Tax Collector. In the event the City Tax Collector shall not complete such list by June first of each year, same shall not affect the validity of the proceedings, but he shall complete and post such list as quickly as possible after such date . SECTION 2. DELINQUENT TAX NOTICE TO BE PUBLISHED The City of Cape Canaveral shall hereafter, at the time required by law, publish a clear, understandable and inexpensive notice of sale of lands because of -49- 167 non-payment of past due municipal taxes by causing the same to be printed in four issues of a newspaper of general circulation in the City and published in Brevard County, so that at least seven days shall elapse between each of the four publications, and at least seven- days and not more than twenty-eight days shall elapse between the last publication and the date of sale. In such notice it shall be plainly stated that all real estate in the said City on which munici- pal taxes are past due and unpaid will be sold in con- formity with the law, and the time and place of sale shall be clearly stated. The said notice need not be in any particular form, but it shall be brief and simple and plainly state the facts and give fair notice of sale. It shall contain the names of the owners of the real estate to be sold or state that they are un- known, and shall describe the parcels to be sold and state the amount of taxes past due and unpaid. Inter- ested persons shall be charged with knowledge as to whether they have paid or failed to pay municipal taxes lawfully assessed against their real estate , and of the fact that the same is subject to sale for the non- payment of municipal taxes; but such persons shall have the right at all reasonable times to inspect the tax books , lists and records of the said City for the pur- pose of informing themselves as to whether their real estate is subject to sale for the non-payment of muni- cipal taxes , and the taxing officers of the City shall render to such an inquiry every reasonable assistance. -50- 167 SECTION 3. SALE OF TAX LIENS On the first Tuesday of July of each year, begin- ning at twelve o'clock noon, the City Tax Collector shall commence the sale of all tax liens on those lands on which taxes have not been paid as aforesaid on or before ten o'clock in the forenoon of such day, and shall continue sale from day to day until such tax liens, costs and penalties on each parcel thereof shall be sold. Said tax liens shall be struck off to the person who will pay the amount of taxes, costs and penalties, and in case there are no bidders same shall be bid off by the City Tax Collector for the City of Cape Canaveral. The City Tax Collector shall require immediate payment by any person to whom any taxes or tax liens may be struck off. Such certificates evi- dencing such taxes and tax liens shall bear interest from date at the rate of twelve per cent (125) per annum until April first of the following year, and eight per cent (8%) per annum thereafter. The City Tax Collector shall have the right to enforce reason- able rules and regulations concerning the manner of bidding and in case of competition on bidding, such bidders shall have the right to bid for a lesser rate of interest. SECTION 4. TAX COLLECTOR'S CERTIFICATE OF SALE Immediately after any tax sale, the City Tax Collector shall make out a list in triplicate of all the lands sold for taxes, showing the date of sale, the number of each certificate, the name of the owner as returned, a description of the land sold, the amount -51- 167 for which the sale was made, and the name of the pur- chaser, and shall append to each said list a certifi- cate setting forth the fact that each sale was made in accordance with law. One of such lists shall be retained by the City Tax Collector, one shall be filed in the office of the City Clerk, and one shall be filed with the Clerk of the Circuit Court of Brevard County. SECTION 5. FORM OF TAX SALE CERTIFICATE ISSUED TO PURCHASER At the sale aforesaid, the City Tax Collector shall give to the purchaser a Tax Sale Certificate describing the tax liens purchased and the amount paid therefor. The Certificate shall be substantially in the following form: TAX SALE CERTIFICATE NUMBER OFFICE OF THE CITY TAX COLLECTOR CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA NO. A.D. , 19____ I, the undersigned City Tax Collector for the City of Cape Canaveral , in the State of Florida, do hereby certify that on the date stated above, at public auction, pursuant to notice given as required by law and by the Charter of said City, I did sell to the certain tax liens upon the land herein described for the sum of Dollars and cents; said sum being -52- 167 the amount due and unpaid for taxes, costs and penalties on the described lands for the year 19 ; that the purchaser or his assigns will therefore be entitled to make application for a Tax Deed for conveyance of such lands in accordance with the law, or to foreclose this lien as provided by law, unless the same shall be redeemed by payment of such amount, and the interests and costs thereon within two years after the date hereof. Said lands are situate in the City of Cape Canaveral, Brevard County, Florida, and are described as follows, to-wit: Lot , Block Subdivision, according to the plat thereof on file in the office of the Clerk of the Cir- cuit Court, Brevard County, Florida, in Plat Book , Page , thereof. WITNESS my hand at City of Cape Canaveral, Florida, this day of , A.D. , 19 . CITY TAX COLLECTOR City of Cape Canaveral, Florida SECTION 6. RECORDING OF TAX SALE CERTIFICATES It shall not be necessary for any tax sale certi- ficate, issued by the City of Cape Canaveral, to be recorded in the office of the Clerk of the Circuit Court, Brevard County, Florida, and the record of such certificate kept in the office of the City Tax Collec- tor shall be all the notice of record required to be -53- 167 kept to evidence the lien of such tax sale certificates. SECTION 7, ISSUANCE OF DUPLICATE TAX SALE CERTIFICATES If application be made to the City Council for issuance of a duplicate tax sale certificate in lieu of acertificate alleged by affidavit to be the property of affiant and to have been lost or destroyed, the City Council may, upon such reasonable terms, conditions and assurances as it nay require, authorize the City Tax Collector to issue a duplicate certificate, plainly marked or stamped "Duplicate" to the affiant, and the City Tax Collector shall thereupon issue the same upon payment of a fee of One Dollar and shall note the entry of such duplicate issuance on the tax sale list oppo- site the entry of the sale for which the lost or destroyed certificate was issued, and shall keep: and preserve the bond or guarantee executed by the appli- cant in connection with the issuance of such duplicate certificate. SECTION 8. TRANSFER OF TAX SALE CERTIFICATES All tax sale certificates issued, whether to the City of Cape Canaveral or individuals, shall be trans- ferable by endorsement thereon, or transfer appended thereto, at any time before they are redeemed, or a tax deed issued thereon. Record of the transfer and assignment of a tax sale certificate by an individual may be made upon the records of the City Tax Collector upon payment of the fee of Twenty-five Cents for each certificate. -54- 167 SECTION 9. REDEMPTION OF TAX SALE CERTIFICATES All tax sale certificates issued to the City of Cape Canaveral shall be held by the City Tax Collector for redemption or sale as hereinafter provided. All redemptions of tax sale certificates or tax liens here- after certified or sold to the City or to individuals shall be made at the office of the City Tax Collector. SECTION 10. REDEMPTION OF TAX LIEN PROPERTY Any person, or agent of any person, owning or claiming such lands, or interest therein, upon. which taxes or tax liens have been sold, may redeem the same from the lien of such taxes, tax sale certificate or tax liens at any time after such sale and before a tax deed is applied for or foreclosure proceedings com- menced, by paying to the City Tax Collector of the City of Cape Canaveral the face amount of the certificate of sale, and interest thereon, as well as the face amount of the prior and subsequent taxes and interest, to- gether with the fee of One Dollar ($1.00) for each certificate and subsequent taxes so redeemed; provided, however, that no one shall be required to pay in re- demption of a tax sale certificate, more than the amount paid the City of Cape Canaveral for such certi- ficate, together with interest, cost and other legal charges. Interest on certificates sold, whether to the City or to an individual, shall be at the rate of twelve per cent (125) per annum for the first year, and eight per cent (8) per annum for the time after the first year after the date of sale, but not less than five per cent (5¢) of the face of the certificate of -55- 167 any period of time. When any land shall have been so redeemed, the City Tax Collector shall turn over to the City Clerk the amount received for redemption of same, less the fee of One Dollar ($1.00), and such cancel- lation shall be forthwith entered on the duplicate copies of the tax sale list on file in the office of the City Tax Collector and in the file of the City Clerk. When any tax sale certificate has been redeemed, which is shown by the records of the City Tax Collector to be owned by any person, the City Tax Collector shall pay over to the City Clerk to be kept in a trust ac- count the amount received for redemption of same, less the fee of One Dollar ($1.00), and shall promptly notify the record owner of such certificate by mail that same has been redeemed, stating the amount re- ceived in redemption, and requesting that the owner present such redeemed certificates to the City Clerk within thirty (30) days from the date of notice. The City Clerk shall preserve such funds in a trust account and pay same over to the owner of the certificate so redeemed upon surrender of same. Unclaimed funds remaining in such trust account on January 1st of any year shall be disposed of in the same manner as that provided for disposing of unclaimed tax deed monies, as set out in Article , Section , of this act. SECTION 11. REDEMPTION RECEIPTS Whenever any land covered by certificates in the hands of individuals or of the City, shall be redeemed -56- 167 as provided for in the foregoing sections, the City Tax Collector shall give the person making such redemption a receipt showing the amount paid for such redemption, the land redeemed and the date, number and amount of certificate or certificates from which the same is redeemed, which shall be substantially in the following form: RECEIPT FOR REDEMPTION OF DELINQUENT TAXES AND CERTIFICATES CERTIFICATE NUMBER MONTH YEAR LOT BLOCK SUBDIVISION PRINCIPAL CREDIT DISCOUNTS INTERESTS Please examine this receipt carefully and report any discrepancy to the City Clerk within ten (10) days. CITY OF CAPE CANAVERAL, FLORIDA City Tax Collector SECTION 12. DISPOSAL OF CITY OWNED TAX CERTIFICATES Any and all tax sale certificates which have here- tofore or may be hereafter issued by said City for non- payment of its taxes, and which may be held and owned by said City, and which have been issued for a period of two years or more, may be disposed of by the City in any of the following ways: (1) The City may sell such certificates at public sale to the highest and best bidder, -57- 167 for cash, after notice of such sale has been published once a week for two con- secutive weeks before the date of sale in issues seven (7) days apart in a newspaper published within the County, such adver- tisement to give the date when the cer- tificates will be offered for sale and name of the subdivision or areas in which the lands lie upon which the tax sale certificates are liens. (2) To apply for city tax deeds to be issued to the "City of Cape Canaveral, " the same as any other applicant. (3) Foreclose such certificates in the manner hereinafter set out. (4) Sell same upon demand at full cash value. SECTION 13. PURCHASE OF CITY OWNED TAX CERTIFICATES AT ANY TIME At any time any person may purchase all tax certi- ficates and other taxes against any parcel of land, so long as same are held by the City of Cape Canaveral, by paying to the City Tax Collector the amount of such certificates and tax liens for subsequent and omitted years, and interest thereon from the date of certifi- cates at the rate or rates which would be required to be paid for the redemption of the certificates, and the fee of One Dollar ($1.00) for the transfer and assign- ment of each certificate and tax liens for subsequent or omitted years, and the City Tax Collector shall give proper receipt and assignment for such tax liens for -58- 167 subsequent or omitted years. The purchaser shall not be required to redeem outstanding tax sale certificates held by any person; in every instance endorsement by the City Tax Collector shall be made upon the tax cer- ficicates sold, stating the name of the assignee, the date of the transfer and the amount received therefor. SECTION 14. TAX DEEDS OF CITY Tax Deeds based upon tax sale certificates and subsequent tax liens of City of Cape Canaveral may be obtained only in the following manner: The holder of any tax certificate at any time after two (2) years have elapsed since the issuance of said tax certificate may make application for a Tax Deed, pay the necessary cost in connection therewith and file such tax certificate with the City Clerk of the City of. Cape Canaveral, notifying the City Clerk that he desires the lands described therein for sale. At the same time he shall surrender any other City tax sale certifi- cates he may own covering the same land and purchase from the City Tax Collector all out- standing tax sale certificates and tax liens for subsequent and omitted years held by City of Cape Canaveral, and redeem all outstanding City tax sale certificates and tax liens held by individuals, and file same together with the purchase of redemption receipts, with the City Clerk. The certificate holder shall pay to the City Clerk a fee of Five Dollars ($5.00) -59- 167 for conducting the sale, making the search and mailing the notice hereinafter provided as to each parcel or tract of land upon which an application for a tax deed is made. The certi- ficate holder shall pay to the City Clerk the estimated cost of publication. A separate appli- cation is required as to each parcel of land assessed on the City tax rolls. SECTION 15. NOTICE OF APPLICATION FOR TAX DEED After the proper fees have been paid, the City Clerk shall cause a notice in substantially the follow- ing form to be published once a week for four (4) suc- cessive weeks, four (4) publications, each one (1) week apart, before the date of such sale in some newspaper of general circulation published in the County of Brevard, Florida. NOTICE OF APPLICATION FOR TAX DEED Notice is hereby given thatto , holder of the Tax Sale Certificate No. , issued the day of , A. D. 19 , has filed same in my office and has made applica- tion for a Tax Deed to be issued thereon and has paid or redeemed all outstanding City Taxes against the lands hereinafter described. Said tax certificate embraces the following described real estate in the City of Cape Canaveral, Brevard County, Florida, to-wit: Unless the City Clerk is paid a suffi- cient amount to redeem said certificate and -60- 167 tax liens and all costs according to law, the property described therein will be sold to the highest bidder at the Office of the City Clerk in the City Hall of Cape Ceral, Florida, beginning at one o'clock in the afternoon, on the first Monday in the month of , 19 , which is the day of , 19 . DATED this day of , 19 . CITY CLERK, CITY OF CAPE. CANAVERAL, FLORIDA SECTION 16. FILING OF PROOF OF PUBLICATION OF NOTICE Proof of publication of the notice provided for in the preceding section shall be filed in the Office of the City Clerk on or before the day fixed for the sale. No sale shall be made and no tax deed shall be issued unless such proof of publication has been so filed. SECTION 17. MAILING OF NOTICE OF TAX DEED APPLICATION TO OWNER In addition to the publication of the notice pro- vided herein, the City Clerk shall mail a copy of such notice to the owner of the property, if the address of the owner be known to the City Clerk, and in all cases to the name of the owner and person also paying taxes, as shown on the City tax records; and a copy of such Notice to the holder of each mortgage which appears of record against said property, if the address of such mortgage holder be known to the City Clerk; and the -61- 167 City Clerk shall make out and file a certificate that he, the City Clerk, did on the day named, mail a copy of the said Notice to certain persons therein named, which certificate shall be signed by the City Clerk and his office seal affixed thereto; and such certificate shall be prima facie evidence of the fact that such Notice was mailed. In the event the owner's address is unknown to the City Clerk, the latter shall certify to the effect that the address of the owner is unknown to him. The failure of the owner to receive the Notice mailed by the City Clerk shall not affect the validity of the tax deed issued pursuant to such Notice. The Notice referred to in this Section may be sent any time not later than the twentieth (20th) day of the month preceding the sale, and a printed copy of the Notice as published in the newspaper shall be sufficient. SECTION 18. NOTICE TO OTHER PERSONS ON REQUEST When the certificate holder shall make written re- quest for him to do so, and shall furnish him with the names and addresses, the City Clerk shall send a copy of the Notice referred to in the preceding section to any one to whom the certificate holder may request him to send such notice out, and for every notice sent out the City Clerk shall make a certificate as to the mail- ing similar to that mentioned in the preceding section; but the City Clerk may demand from such certificate holder the sum of Twenty-five cents (25¢) additional costs to reimburse him for the postage and expense incurred for each copy of Notice sent upon request of the certificate holder, and not considered necessary -62- 167 by the Clerk; and where such fees are paid, they will be added by the City Clerk to the amount required to redeem the land from sale. SECTION 19. TIME OF APPLICATION FOR TAX DEED It shall not be necessary that application for tax deed be made by a certificate holder at any particular time of the month, or that Notice provided herein be published at any particular time with reference to the day of sale, so long as the day of sale be fixed not less than twenty-eight (28) nor more than fifty (50) days after the last publication of said Notice. SECTION 20. DEADLINE OP REDEMPTION At any time after an application for a tax deed has been made, and before ten o'clock in the forenoon on the date of the sale, the owner, mortgagee, or other person interested in the lands described may redeem same in the Office of the City Clerk by paying to the City Clerk the amount required on the tax sale certifi- cates and subsequent and omitted taxes, and the amount paid by the applicant for the redemption of other tax sale certificates on the same property, plus interest on the total sum at the rate of eight per cent (8%) per annum for one (1) month. SECTION 21. LAND SOLD AT PUBLIC AUCTION All land advertised for sale, unless redeemed as provided in this Charter shall be sold at Public Auo- tion by the City Clerk at the City Hall in the City of Cape Canaveral and such sale shall be held only on the -63- 167 first Monday in each month, beginning at one o'clock p.m. At such time and place the City Clerk shall read the Notice of Sale to the highest bidder for cash, at public outcry. The amounts required to redeem the tax certificate and subsequent and omitted taxes and the amount paid by the applicant for redemption of other tax certificates on the same property, plus the amounts paid by the holder thereof to the City Clerk of fees and costs of sale, plus interest on the total sum at the rate of eight per cent (8%) per annum for one (1) month, shall be considered the bid of the certificate holder for the property, and if there be no leier bids, the property shall be struck off and sold to such certificate holder, whether he be present or not. If there be other bidders, the certificate holder shall have the right to bid as others present may bid, and the property shall be struck off and sold to the high- est bidder. SECTION 22. PROPERTY PURCHASED BY OTHER THAN CERTIFI- CATE HOLDERS If the property shallbe purchased at said Public Auction by any person other than the certificate holder, the City Clerk shall forthwith pay back to the certificate holder the amounts required to redeem the certificates and subsequent and omitted tax liens, plus the cost and expenses of the application for tax deed, and interest on the total of such sums for one (1) month at the rate of eight per cent (8%) per annum. The balance of the purchase price shall be retained by the City Clerk and Notice forthwith mailed to the -64- 167 owner of such lands, if his address be known to the City Clerk, that this sum will be paid to him upon de- mand, and signing of proper receipt upon form provided. If the owner be dead, such amount may be paid to the proper representative of the estate. The entire bal- ance shall be paid to the owner, less the sum of Twenty- five Cents (25¢) on each hundred dollars or fraction thereof, which the City Clerk may retain to reimburse himself for postage, notices and keeping account of such funds. SECTION 23. UNCLAIMED TAX SALE FUNDS The City Clerk, if on the first day of January of each year, he shall have on hand any funds belonging to the owners of lands that have been sold for taxes, and which funds have remained unclaimed for longer than three (3) months, shall publish a notice in a newspaper published in the County of Brevard, Florida, to the effect that he has on hand such funds and that unless the owner shall apply for same on or before thirty (30) days from the date on which the notice is published, such funds will be paid into the general funds of the City of Cape Canaveral. Such notice shall be published in one (1) issue of such newspaper. After thefunds have been paid into the general funds of the City, the owner may within one (1) year from the date of sale, make application to the City Council for such funds, and the City Council may, if satisfied that the applicant is entitled to such funds, order a draft to be drawn for the amount due the applicant, less the sum of One -65- 167 Dollar ($1.00) on each hundred dollars or fraction thereof, which shall be retained by the City to cover the expenses of the City. If no application for such funds be made within the specified period, all claims to such funds are hereby declared to be forever barred and such funds shall become the property of the City of Cape Canaveral. SECTION 24. TAX DEED FORM All tax deeds shall be issued by the City Clerk of the City of Cape Canaveral, and the City Clerk shall cause such tax deeds to be issued to the highest bidder at the sale, as provided herein, and such tax deeds shall be substantially in the following form; STATE OF FLORIDA COUNTY OF BREVARD CITY OF CAPE CANAVERAL TAX DEED KNOW ALL MEN BY THESE PRESENTS: That whereas Tax Certificate No. , issued on the day of , 19 , was duly filed in the office of the City Clerk of the City of Cape Canaveral, a municipal corporation in Brevard County, Florida, and application was duly made for the issuance of a tax deed based thereon; and the appli- cant having paid or redeemed all other taxes, fees, and costs, on the land hereinafter described required to be paid or redeemed, and the applicant having paid the costs and -66- 167 expenses of this sale, and due notice of sale having been published by the law, and no per- son entitled so to do having appeared to re- deem .said land, such lend was on the day of , 19 , offered for sale at the City Hall in the City of Cape Canaveral for cash to the highest bidder, and was then and there struck and sold to , for the sum of $ being the highest bidder for the same, and said bidder having paid the amount of the bid; therefore, City of Cape Canaveral, a municipal corporation in Brevard County, Florida, 14 consideration of the premises, and in consid- eration of the sum of $ , and in accordance with the provisions of the Charter of said City of Cape Canaveral, has given, granted, bargained and sold, and does hereby give, grant, bargain and sell and con- vey to the said bidder named above and to his, or her, or its, successors, heirs, legal representatives and assigns forever, to their own proper use, benefit and behalf, the fol- lowing land situated in the City, County and State aforesaid, and described as follows : PROVIDED, HOWEVER, that said land shall continue subject and liable for any unpaid taxes or assessment liens thereon not inclu- ded herein. -67- 167 IN TESTIMONY HEREOF, by virtue of the authority in me vested by law and for and on behalf of the City of Cape Canaveral, I, the undersigned, as City Clerk of the City of Cape Canaveral, a municipal corporation in Brevard County, Florida, have executed this deed and have thereunto set my official sig- nature, and the Seal of the City of Cape Canaveral, this the day of 19 . CITY OF CAPE CANAVERAL, Signed, sealed and A MUNICIPAL CORPORATION delivered in the OF BREVARD COUNTY, presence of: FLORIDA By City Clerk All such tax deeds shall be duly acknowledged and shall be prima facie evidence of the regularity of all proceedings from the valuation of the land by the Assessor to the issuance of such tax deed, inclusive. SECTION 25. DISPOSING OF CITY OWNED TAX DEEDS LAND After the City has obtained a tax deed to any lands, the City may sell and dispose of said lands for such amounts as the City Council shall determine, and issue deeds therefor. SECTION 26. LIMITATION ON SUITS TO RECOVER LANDS SOLD FOR TAXES The former owners or others having or claiming by, through or under them any interest in lands upon which a City Tax Deed is issued, shall have a period of one (1) year from the time such Tax Deed is recorded -68- 167 in the Office of the Clerk of the Circuit Court of Brevard County, Florida, to bring suit to recover such land or to set aside such Tax Deed, and on failure to assert such right within such time, shall be forever barred and foreclosed of claims or interest in and to said lands, and no Court of this State, either Federal or State, shall thereafter entertain any suit brought by any owner or anyone claiming by, through, or under him for the purpose of questioning, litigating or con- testing the title of the grantee or his assigns to said land. SECTION 27. FORECLOSURE OF TAX SALE CERTIFICATES City of Cape Canaveral, or any holder of a City of Cape Canaveral tax sale certificate, is hereby authorized to file a complaint in Chancery to foreclose the lien of such tax sale certificate, pursuant to the practice, pleading and procedure for foreclosure of mortgages on real estate, except that no personal judg- vent shall be given. No suit shall be brought on any tax sale certificate until after the expiration of two (2) years from the date of tha certificate. A complaint shall be sworn to, and shall briefly set forth the fact of the issuance of the City tax sale certificate and a statement of searches , and the fact the complainant has paid and redeemed all omitted and subsequent City of Cape Canaveral taxes and tax liens and interest thereon, whether held by the City or an individual. The com- plaint shall briefly set forth the fact of the issuance of the tax sale certificate and shall allege the amount -69- 167 required to redeem the same , including all omitted subsequent taxes and interest thereon. As many tax sale certificates may be included in one suit as the complainant may desire , and as many parties may be made defendant as may be necessary. The complainant shall be entitled to recover abstract costs, and a reasonable attorney's fee , such fee to be fixed by the Court. Suits on tax sale certificates held by the City for its own use, and the costs of the suits and attorney's fees, if not paid out of the proceeds of the sale, shall be paid by the City. SECTION 28. FINAL DECREE The final decree in any such action shall deter- mine the amount due on the sale certificate and omitted subsequent taxes and subsequent tax sale certificates, including a reasonable attorney's fee and costs) and the property described in the certificate shall: be ordered sold, and shall be sold to satisfy the decree in the same manner as in the foreclosure of mortgages on real estate, and such decree shall have the force and effect of a decree foreclosing a mortgage on real estate. Any surplus remaining from any such sale shall be deposited with the Clerk of the Court, and shall be disbursed under order of the Court. SECTION 29. SALE OF LAND TO CITY IN CITY FORECLOSURES At any sale under final decree in any such action commenced by the City of Cape Canaveral, if no one bids a sufficient sum to pay the full amount of such decree, interest thereon and subsequent costs, the Special -70- 167 Master, or the Clerk of the Circuit Court conducting the sale shall announce that the land is sold to the City of Cape Canaveral, a municipal corporation in Brevard County, Florida, for the amount of the decree, interest and costs. In such event the costs and ex- penses of such suit and sale shall be paid by the City from the General Fund. The City shall be entitled to writ of possession as in the case of a sale under de- cree foreclosing real estate. SECTION 30. MASTER'S DEED The purchaser at any sale in suits for the fore- closure of tax certificates shall be entitled to a Master's Deed, or Clerk's Certificate of Sale and Clerk's Certificate of Title, and the same processes and remedies to obtain possession of the premises as in suits for the foreclosure of mortgages. Title to the land conveyed by such Master's Deed or Clerk's Certificate of Title shall be indefeasible as to all parties defendant in the action. SECTION 31. SALE OF CITY OWNED LAND OBTAINED BY FORECLOSURE After the City has obtained a Special Master's Deed or Clerk's Certificate of Title, the City may sell and dispose of such lands for such amount as the City Council shall determine, and issue deeds therefor. SECTION 32. TAX SALE CERTIFICATES VALIDATED All tax sale certificates now held and owned by the City or by any person, firm or corporation, which are purportedly invalid or voidable on account of any -71- 167 matter or thing not affecting the right and authority of the City to levy and collect the taxes evidenced by such certificates are hereby validated and made legal to the extent of any lien evidenced thereby, insofar as it is competent for the Legislature of the State of Florida to do so. SECTION 33. TAX SALE CERTIFICATES EVIDENCE Tax sale certificates, signed by the City Tax Collector, shall be admissible in evidence and shall be prima facie valid. SECTION 34. ILLEGAL TAX SALE CERTIFICATES If any Court shall determine that any tax, tax sale certificate, or portion thereof is illegal, the Court shall enter a decree for such taxes, or portion thereof, as may be due and unpaid, with penalty, interest and costs, and in such cases shall make such orders as to costs and attorneys fees as shall appear to be reasonable and just. SECTION 35. FEES TO TAX COLLECTOR AND CLERK The City Tax Collector and City Clerk of City of Cape Canaveral shall charge fees for the hereinafter stated services performed by them, as set forth in the following schedule of fees, to-wit: Redemption of each tax sale certificate and subsequent taxes $1.00 Sale and Assignment of each Tax Sale Certificate and subsequent taxes 1.00 Issuance of Tax Deed (one description) 1.00 For each additional description 1.00 -72- 167 Issuance of Duplicate Tax Sale Certificate 1.00 Registration of Transfer and Assignment of Tax Sale Certificates 1.00 For conducting Tax Deed Sale and mailing notice 5.00 Failing of notice of sale at request of owner, for each copy .25 Payment to owner of proceeds of Tax Deed Sale (for one hundred dollars or frac- tion thereof) .25 Cancelling tax sale certificates on County record .25 Issuance of warrant to land owner for proceeds of tax deed sale previously deposited in General Fund, after publi- cation of Notice, on each hundred dollars or fraction thereof 1.00 SECTION 36. STATE STATUTES APPLICABLE The provisions of General Laws of Florida relating to assessment and collection of taxes by municipali- ties, where not inconsistent with the provisions of this act, shall be applicable. ARTICLE XX FINANCING PUBLIC IMPROVEMENTS SECTION 1. BONDS AUTHORIZED The City of Cape Canaveral shall be authorized and empowered to issue negotiable bonds of the City for the purpose of opening, constructing, extending, comparing, reconstruction or improving streets, alleys, lanes, roads and sidewalks, curbs, gutters, storm sewers, sanitary sewers; establishing, constructing and improv- ing parks, playgrounds, public buildings, wharves, piers, docks, bridges, causeways, seawalls, breakwaters -73- 167 and harbor improvements, and reclaiming, filling or otherwise improving low, wet or overflowed lands and the water front within the City limits , for establish- ing, maintaining, and equipping a fire department, police department, sanitary department, and a system of sewage disposal and sanitation, or for the purpose of purchasing, constructing, extending or improving water works, electric light plants, gas plants, ice plants, cold storage plants, transportation system, airports, or for any other public purpose in which the City of Cape Canaveral is authorized to engage under this act or the laws of the State of Florida. SECTION 2. TAXATION FOR BOND PAYMENT The City Council is hereby authorized to provide the issuance of negotiable bonds of the City, under the Seal of the City, for any of the purposes afore- said, which shall be payable from taxation and for the payment of which the full faith of the City is pledged, in an amount never to exceed twenty per cent (20) of the total assessed valuation of all taxable property, both real and personal, within the limits of the said City, (the assessed valuation being the assessment made by the City of Cape Canaveral for the purpose of muni cipal taxation, and the said limitation of twenty per cent (20) to be thus limited regardless of the value which may be placed upon said property for the purpose of County taxation); provided, in computing the said limitation all refunding bonds, revenue bonds and public improvement certificates or other obligations -74- 167 secured by the lien of assessments for public improve- ments, and all public utility revenue bonds or certi- ficates shall be excluded SECTION 3. REVENUE BONDS AUTHORIZED FOR PUBLIC IMPROVEMENTS The City of Cape Canaveral shall be authorized and empowered to issue bonds or public improvement certifi- cates in any manner and for any purpose provided by law, payable solely or in part from special assessment for public improvements , and for which the full faith and credit and the taxing power of the City shall not be pledged. SECTION 4. REVENUE BONDS AUTHORIZED FOR PUBLIC UTILITIES The City Council shall be authorized to issue bonds or revenue certificates for the purpose of con- structing, extending, enlarging or improving public utilities or plants, or distribution systems, or for providing public services, which are payable only from the revenues of public utilities owned or operated by the City and not payable from ad valorem taxation. SECTION 5. FREEHOLDERS ELECTION REQUIRED FOR GENERAL OBLIGATION BONDS No bonds shall be issued for the payment of which the general taxing power or full faith and credit of the City shall be obligated, unless the same shall have been approved by the majority of the freeholders who are qualified electors residing in the said City. An election for this purpose shall be held in the manner provided by law. -75- 167 SECTION 6. NO ELECTION REQUIRED FOR REVENUE BONDS Any bonds or public improvement certificates payable from assessments or public utility revenue may be issued iin the manner provided by law for said pur- poses, and no election shall be required for the issuance of any of the same unless an election shall be required under the provisions of the Constitution of the State of Florida governing the issuance of bonds by municipal corporations. SECTION 7. BOND ELECTION FOR MULTIPLE IMPROVEMENTS If an election is required for the issuance of any bonds or certificates of indebtedness and the. City Council shall determine to issue bonds or certificates of indebtedness for more than one different purpose, the approval of the issuance of bonds for each and all such purposes may be submitted to the freeholders on one and the same. ballot, and the ballot to be used shall be such as shall give to the said freeholders an opportun- ity to vote for or against the issuance of bonds or certificates for each of the said purposes; and the failure of the freeholders to approve the issuance of bonds or certificates for any one or more purposes shall not defeat the approval of bonds or certificates for any purpose which shall be approved by the free- holders. SECTION 8. SIGNING BONES All bonds, public improrement certificates or pub- lic utility revenue certificates, or other obligations for the payment of money, shall be signed in the name -76- 167 of the City of Cape Canaveral by the Mayor or such other officer as shall be designated for said purpose in the resolution authorizing the issuance of the same, and shall be attested by the City Clerk and shall be under the Seal of the City and all of said bonds and certificates of indebtedness, except public improvement certificates payable only from assessments from public improvements , may bear interest coupons to be signed with a facsimile signature of the Mayor; and all of the said obligations shall be of such denominations as shall be determined by the City Council, and to bear interest at the rate fixed by the City Council, not exceeding six per cent (6) per annum, payable, either annually or semi-annually, and to be due not less than two (2) years or more than fifty (50) years from the date thereof. SECTION 9. BOND RESOLUTION OR ORDINANCE REQUIRED Prior to the issuance of any such bonds or certi- ficates of indebtedness, the City Council shall by resolution authorize the issuance of the same, fixing the aggregate amount of the proposed issue, the denomi- nation, the rate of interest, the purpose for which the monies derived therefrom shall be expended, the maturity of the same, either in serial form or all to mature at a fixed date, and shall provide for and create a sinking fund to pay the principal and interest of the said indebtedness as the same shall mature. SECTION 10. SALE OF BONDS The said bonds or certificates of indebtedness -77- 167 See Revised Page Amended 10-8-81 Ord 17-81 of the City of Cape Canaveral by the Mayor or such other officer as shall be designated for said purpose in the resolution authorizing the issuance of the same, and shall be attested by the City Clerk and shall be under the Seal of the City and all of said bonds and certificates of indebtedness, except public improvement certificates payable only from assessments from public improvements , may bear interest coupons to be signed with a facsimile signature of the Mayor; and all of the said obligations shall be of such denominations as shall be determined by the City Council , and to bear interest at the rate fixed by the City Council , not exceeding the prevailing market rate for similarly rated bonds , payable either annually or semi-annually, and to be due not less than two (2) years or more than fifty (50) years from the date thereof. SECTION 9 . BOND RESOLUTION OR ORDINANCE REQUIRED Prior to the issuance of any such bonds or certi- ficates of indebtedness , the City Council shall by resolution authorize the issuance of the same , fixing the aggregate amount of the proposed issue, the denomi- nation, the rate of interest , the purpose for which the monies derived therefrom shall be expended, the maturity of the same , either in serial form or all to mature at a fixed date , and shall provide for and create a sinking fund to pay the principal and interest of the said indebtedness as the same shall mature. SECTION 10. SALE OF BONDS The said bonds or certificates of indebtedness -77- (Revised) See Revised Page Ord. #5-85 of the City of Cape Canaveral by the Mayor or such other officer as shall be designated for said purpose in the resolution authorizing the issuance of the same, and shall be attested by the City Clerk and shall be under the Seal of the City, and all of said bonds and certificates of indebtedness, except public improvement certificates pay- able only from assessments from public improvements , may bear interest coupons to be signed with facsimile signature of the Mayor; and all of the said obligations shall be of such denominations as shall be determined by the City Council, and to bear interest at the rate fixed by the City Council, not exceeding the prevailing market rate for similarly rated bonds, payable as may be determined by the City Council and not to exceed fifty (50) years from the date thereof. SECTION 9 . BOND RESOLUTION OR ORDINANCE REQUIRED Prior to the issuance of any such bonds or certi- ficates of indebtedness, the City Council shall by resolution authorize the issuance of the same, fixing the aggregate amount of the proposed issue, the denomi- nation, the rate of interest, the purpose for which the monies derived therefrom shall be expended, the maturity of the same, either in serial form or all to mature at a fixed date, and shall provide for and create a sinking fund to pay the principal and interest of the said indebtedness as the same shall mature. SECTION 10 . SALE OF BONDS The said bonds or certificates of indebtedness -77- (Revised 2-19-85) shall be sold by the City at Public letting for compe- titive bidding at not less than ninety-five cents (95¢) on the dollar, Provided that public improvement certi- ficates payable only from special assessments for public improvements may be sold to the contractor making such improvements at Private sale for not less than part in payment of the contract work for such public improvements. SECTION 11. CONFLICT OF INTEREST No member of the City Council or any officer of the City shall be directly or indirectly interested in the purchase from the City of any bonds or other obli- gations of the City, nor any such person be directly or indirectly interested in any contract to be issued by the City in excess of One Hundred ($100.00) Dollars. SECTION 12. REFUNDING BONDS Any bonds or certificates of indebtedness, or other obligations of the City hereafter issued, may be refunded by the issuance of refunding bonds in the manner provided by law, if there shall not be on hand sufficient money to pay the same when they mature; provided that by such refunding bonds the City may not obligate the general taxing power of the City to pay public improvement certificates payable only from special assessments for public improvements or public utility revenue certificates payable only from revenues of ublic utilities. -78- shall be sold by the City at public letting for compe- titive bidding at not less than ninety-five cents (95¢) on the dollar, provided that public improvement certi- ficates payable only from special assessments for public improvements may be sold to the contractor making such improvements at private sale for not less than par in payment of the contract work for such public improvements. SECTION 11. CONFLICT OF INTEREST No member of the City Council or any officer of the City shall be directly or indirectly interested in the purchase from the City of any bonds or other obli- gations of the. City, nor any such person be dctly or indirectly interested in any contract to be issued by the City in excess of One Hundred ($100.00) Dollars. SECTION 12. REFUNDING BONDS Any bonds or certificates of indebtedness, or other obligations of the City hereafter issued, may be refunded by the issuance of refunding bonds in the P C. manner provided by law, if there shall not be on hand sufficient money to pay the same when they mature; provided that by such refunding bonds the City may not obligate the general taxing power of the City to pay public improvement certificates payable only from special assessments for public improvements or public utility revenue certificates payable only from revenues of public utilities. SECTION 13. TEMPORARY BORROWING BY CITY AMENDED 5/7/74 When necessary to supply casual deficiencies of -78- revenue, or to provide for emergencies, the City may obtain temporary loans for the purpose of paying any expenses or Purchasing any property for which appro- priations shall be made by the City Council, which temporary loans shall not extend for more than one (1) year from the date thereof, shall bear interest in an amount not in excess of five per cent (5%) per annum, and shall be payable from the appropriations provided for the purpose for which said money is borrowed. ARTICLE XXI ELECTIONS SECTION 1. RULES PRESCRIBED BY ORDINANCE The rules and regulations for the calling and con- duct of elections shall be prescribed by ordinance; provided the same shall not be in conflict with this act. SECTION 2. VOTER QUALIFICATIONS, METHOD OF HANDLING ELECTIONS Regular municipal elections shall be held on the first Tuesday in June, every year, beginning in 1963. No person shall be allowed to vote in any election for the purpose of electing City officers who is not a qualified voter of the city, and who has not resided in the City for six months and in the state for twelve months immediately preceding such election, and who has not registered as a voter of said City in such manner and at such time as may be prescribed by ordinance. The City Council shall prescribe by ordinance, the method and manner of holding all elections in said -79- 167 Amended General Election June 6, 1972 See new page 79 REVENUE, OR TO PROVIDE FOR EMERGENCIES, THE CITY MAY OBTAIN TEMPORARY LOANS FOR THE PURPOSE OF PAYING ANY EXPENSES OR PURCHASING ANY PROPERTY FOR WHICH APPRO- PRIATIONS SHALL BE MADE BY THE CITY COUNCIL, WHICH TEMPORARY LOANS SHALL NOT EXTEND FOR MORE THAN ONE (1) Amended 5/7/[cutoff text] See new pg 79 YEAR FROM THE DATE THEREOF, SHALL BEAR INTEREST IN AN AMOUNT NOT IN EXCESS OF FIVE PER CENT (5%) PER ANNUM, AND SHALL BE PAYABLE FROM THE APPROPRIATIONS PROVIDED FOR THE PURPOSE FOR WHICH SAID MONEY IS BORROWED. ARTICLE XXI ELECTIONS SECTION 1 . RULES PRESCRIBED BY ORDINANCE THE RULES AND REGULATIONS FOR THE CALLING AND CON- DUCT OF ELECTIONS SHALL BE PRESCRIBED BY ORDINANCE; PROVIDED THE SAME SHALL NOT BE IN CONFLICT WITH THIS ACT. SEC. 2 THRU 6 AS AMENDED GEN. ELECT. 6-6-72 SECTION 2 . VOTER QUALIFICATIONS, METHOD OF HANDLING ELECT- ION, REGISTRATION, DISQUALIFICATION, INSPECTION OF REGIST- RATION RECORDS . A) REGULAR ELECTION REGULAR MUNICIPAL ELECTION SHALL BE HELD ON THE FIRST TUESDAY IN JUNE EVERY YEAR . B) QUALIFIED VOTERS AND REGISTRANTS ALL CITIZENS QUALIFIED BY THE CONSTITUTION AND LAWS OF THE STATE OF FLORIDA TO VOTE IN THE CITY AND WHO SATISFY THE REQUIREMENTS FOR REGISTRATION PRESCRIBED BY LAW SHALL BE QUALIFIED VOTERS OF THE CITY . THE CITY MAY ADOPT AND ESTABLISH AS THE REGISTRATION RE- QUIREMENTS, METHOD AND SYSTEM FOR THE CITY, THE RE- GISTRATION REQUIREMENTS, METHOD AND SYSTEM AS PROV- IDED BY STATE STATUTE IN PART OR IN ITS ENTIRETY, INCLUDING BUT NOT LIMITED TO OATHS, DISQUALIFICATION OF VOTERS, REGISTRATION CARDS, REGISTRATION METHODS AND INSPECTION OF RECORDS. THE CITY MAY ADOPT THE -79- SECTION 13 . TEMPORARY BORROWING BY CITY WHEN NECESSARY TO SUPPLY DEFICIENCIES IN REVENUE , TO PROVIDE FOR EMERGENCIES , TO PURCHASE PROPERTY OR TO PAY ANY EXPENSE FOR WHICH PROPER APPROPRIATIONS SHALL BE MADE BY THE CITY COUNCIL , THE CITY SHALL BE AUTHORIZED TO BORROW FUNDS FOR A PERIOD OF TIME AND AT AN INTEREST RATE NOT OTHERWISE PROHIBITED BY LAW. ARTICLE XXI ELECTIONS SECTION 1 . RULES PRESCRIBED BY ORDINANCE THE RULES AND REGULATIONS FOR THE CALLING AND CONDUCT OF ELECTIONS SHALL BE PRESCRIBED BY ORDINANCE : PROVIDED THE SAME SHALL NOT BE IN CONFLICT WITH THIS ACT. SEC. 2 THRU 6 AS AMENDED GEN ELECTION 6-6-7[cutoff text] See new pg. 79 SECTION 2 . VOTER QUALIFICATIONS , METHOD OF HANDLING ELECTION, REGISTRATION, DISQUALIFICATION, INSPECTION OF REGISTRATION RECORDS. A) REGULAR ELECTION REGULAR MUNICIPAL ELECTION SHALL BE HELD ON THE FIRST TUESDAY IN JUNE EVERY YEAR. B) QUALIFIED VOTERS AND REGISTRANTS ALL CITIZENS QUALIFIED BY THE CONSTITUTION AND LAWS OF THE STATE OF FLORIDA TO VOTE IN THE CITY AND WHO SATISFY THE REQUIREMENTS FOR REGISTRATION PRESCRIBED BY LAW SHALL BE QUALIFIED VOTERS OF THE CITY . THE CITY MAY ADOPT AND ESTABLISH AS THE REGISTRATION REQUIREMENTS, METHOD AND SYSTEM FOR THE CITY, THE REGISTRATION REQUIREMENTS , METHOD AND SYSTEM AS PROVIDED BY STATE STATUTE IN PART OR IN ITS ENTIRETY, INCLUDING BUT NOT LIMITED TO OATHS , DISQUALIFICATION OF VOTERS, REGISTRATION CARDS , REGISTRATION METHODS AND INSPECTION OF RECORDS . THE CITY MAY ADOPT THE -79- SECTION 13 . TEMPORARY BORROWING BY CITY WHEN NECESSARY TO SUPPLY DEFICIENCIES IN REVENUE, TO PROVIDE FOR EMERGENCIES, TO PURCHASE PROPERTY OR TO PAY ANY EXPENSE FOR WHICH PROPER APPROPRIATIONS SHALL BE MADE BY THE CITY COUNCIL, THE CITY SHALL BE AUTHORIZED TO BORROW FUNDS FOR A PERIOD OF TIME AND AT AN INTEREST RATE NOT OTHERWISE PROHIBITED BY LAW. ARTICLE XXI ELECTIONS SECTION 1. RULES PRESCRIBED BY ORDINANCE THE RULES AND REGULATIONS FOR THE CALLING AND CONDUCT OF ELECTIONS SHALL BE PRESCRIBED BY ORDINANCE; PROVIDED THE SAME SHALL NOT BE INCONFLICT WITH THIS ACT. (SEC. 2 THRU 6 A AMENDED GEN. ELECT. 6-6-72) SECTION 2 . VOTER QUALIFICATIONS, METHOD OF HANDLING ELECTION, REGISTRATION, DISQUALIFICATION, INSPECTION OF REGISTRATION RECORDS. (SEC. 2A AS AMENDED ELECT. 3-11-80) A) REGULAR ELECTION THE REGULAR MUNICIPAL ELECTIONS SHALL BE HELD ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER EACH YEAR. B) QUALIFIED VOTERS AND REGISTRANTS ALL CITIZENS QUALIFIED BY THE CONSTITUTION AND LAWS OF THE STATE OF FLORIDA TO VOTE IN THE CITY AND WHO SATISFY THE REQUIREMENTS FOR REGISTRATION PRESCRIBED BY LAW SHALL BE QUALIFIED VOTERS OF THE CITY. THE CITY MAY ADOPT AND ESTABLISH AS THE REGISTRATION REQUIREMENTS , METHOD AND SYSTEM FOR THE CITY, THE REGISTRATION REQUIREMENTS, METHOD AND SYSTEM AS PROVIDED BY STATE STATUTE IN PART OR IN ITS ENTIRETY, INCLUDING BUT NOT LIMITED TO OATHS , DISQUALIFICATION OF VOTERS, REGISTRATION CARDS, REGISTRATION METHODS AND INSPECTION OF RECORDS . THE CITY MAY ADOPT THE -79- city, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this act, and all elections shall be con- ducted substantially on the principle adopted for state elections in so far as there are no conflicts with the terms of this act. The newly elected city councilmen shall assume the duties of their offices at the next regular meeting of the Council following their election at the place normally used for Council meetings. SECTION 3. REGISTRATION The City Clerk shall be the registration officer for the City, and shall register all persons applying to him, whose names are not already borne upon the registration book, and who are qualified as electors under the provisions of this Charter. For this purpose the registration book shall always be open at the office of the City Clerk, except that same shall be closed for twelve (12) days before any city election, unless other- wise provided in this act. Each person applying to be registered shall make the following oath, which shall be administered by the registration officer (City Clerk) or his duly appointed deputy: "I do solemnly swear that I an a bonafide resident of the City of Cape Canaveral; that I am at least twenty-one years of age, and have been a resident of the State of Florida for twelve months and of the City of Cape Canaveral for six months; that I have not voted elsewhere during said time, and that I -80- 167 Amended General Election June 6, 1972 See new page 80 SINGLE PERMANENT REGISTRATION SYSTEM AS SET FORTH IN THE STATE STATUTES . C) ELECTED COUNCILMEN THE NEWLY ELECTED CITY COUNCILMEN SHALL ASSUME THE DUTIES OF THEIR OFFICE AT THE NEXT REGULAR MEETING OF THE COUNCIL FOLLOWING THEIR ELECTION AT THE PLACE NORMALLY USED FOR COUNCIL MEETINGS . -80- am a citizen of the United States of America, and that I am qualified to vote under the Constitution and the laws of the State of Florida. " Any person taking such oath who shall swear falsely, upon conviction, shall be guilty of perjury. The name of each person so registering shall be entered upon the appropriate headings his or her full name, the state or country of birth, the day, month and year of birth; the address (street and number, section, quarter- section, township and range) ; occupation; if the regis- trant is naturalized, he or she shall give the date, the court, and the state where naturalized, and the certificate number of the naturalization papers, and if of derivative citizenship, the name of the husband or parent through whoa citizenship was acquired, and the date of marriage, if acquired through husband's citi- zenship; sex, race and whether or not he or she is a freeholder; and such further information as might be required by ordinance. The registration record on which such information is recorded shall be subscribed and sworn to by the registrant, and shall also be signed by the registration officer. In addition to the above, the registration record shall contain space wherein a change of address of any registrant can be noted, the date his or her address was changed, and space to note the cancellation of any registration, and the date and reason therefor, together with space for the reinstatement of registration and the date and reason therefor. Said registration record shall -81- 167 Amended General Election June 6, 1972 this page and[cutoff text] further be executed in duplicate, and shall contain space wherein it can be noted whether or not the regis- trant is voting in the general or special elections. When any elector is properly registered, as aforesaid, then the registration officer shall give to such a registrant card, the face of which shall be substan- tially as follows : CERTIFICATE OF REGISTRATION CITY OF CAPE CANAVERAL, FLORIDA Date , 19 . NAME Last First Middle ADDRESS Age Occupation Color Sex Freeholder This registration is made in accordance with the ordinances of the City of Cape Canaveral, Florida. Signature of Elector Registration Officer and back of said card as follows : NOTICE TO ALL VOTERS You must notify clerk's office of any change in status. Fill in space and return. NEW ADDRESS P. O. BOX FREEHOLDER: Yes No DATE , 19 -82- 167 Amended General Election June 6, 1972 This page and[cutoff text] SIGN SECTION 4. DISQUALIFICATION OF REGISTRANT That when the City Clerk, shall ascertain or when it shall be brought to his attention that any person, subsequent to his registration under the provisions of this act has died or has removed his legal residence from the municipality, or has become disqualified, the City Clerk shall thereupon mail a notice to such per- son at the address shown upon the official registration record as his place of residence, notifying him that his registration will be cancelled thirty (30) days from and after the date of such notice for the reason of disqualification thereon indicated, unless within such thirty day period he shall establish to the satisfac- tion of the City Clerk that his registration should not be cancelled, and in the event he should within such thirty day period so fail to establish his right to have his registration continue in effect, the City Clerk shall at the end of such period remove the official registration record of such person from the active files, and shall, after making an appropriate factual certificate thereon, place and preserve such registration record in an inactive file which he shall establish and maintain for such purpose, and such inactive file shall thereupon cease to be part of the registration books. The City Clerk shall remove from the official registration file the name of any person registered thereon upon written request of such person, and transfer the official registration -33- 167 Amended June 6, 1972 General Election This page and [cutoff text] record to the inactive file. SECTION 5. INSPECTION OF REGISTRATION RECORDS The registration records shall be open for public inspection at all convenient times . SECTION 6. PRESENT REGISTRATION RECORD VALIDATED The present registration of the voters of the City of Cape Canaveral is hereby validated and continued, and shall remain in full force. SECTION 7. REGISTRATION FEE There shall be no fee required for registration in the City of Cape Canaveral. SECTION 8. ARRANGEMENTS FOR ELECTIONS The City Council shall make all necessary arrange- ments for holding all municipal elections, and shall declare the results thereof. SECTION 9. VOTING HOURS AND RESULTS The polls shall open at 7:00 A.M. , and close at 7:00 P.M. The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the clerk and the majority of the election board, one copy to be delivered to the mayor and the other to the city clerk, both of whom shall transmit such returns to the City Council at a meeting to be held not later than three days after such elections. At such meeting the City Council shall canvass such returns, and in the absence of a declaration of a contest by any of the candidates in such election, shall declare the -84- 167 Amended General Election June 6, 1972 see new page 84 SECTION 7 . REGISTRATION FEE THERE SHALL BE NO FEE REQUIRED FOR REGISTRATION IN THE CITY OF CAPE CANAVERAL. SECTION 8 . ARRANGEMENTS FOR ELECTIONS THE CITY COUNCIL SHALL MAKE ALL NECESSARY ARRANGE- MENTS FOR HOLDING ALL MUNICIPAL ELECTIONS, AND SHALL DECLARE THE RESULTS THEREOF . SECTION 9 . VOTING HOURS AND RESULTS THE POLLS SHALL OPEN AT 7 : 00 A .M. , AND CLOSE AT 7 : 00 P .M. THE RESULT OF THE VOTING, WHEN ASCERTAINED, SHALL BE CERTIFIED BY RETURN IN DUPLICATE, SIGNED BY THE CLERK AND THE MAJORITY OF THE ELECTION BOARD, ONE COPY TO BE DELIVERED TO THE MAYOR AND THE OTHER TO THE CITY CLERK, BOTH OF WHOM SHALL TRANSMIT SUCH RETURNS TO THE CITY COUNCIL AT A MEETING TO BE HELD NOT LATER THAN THREE DAYS AFTER SUCH ELECTIONS . AT SUCH MEETING THE CITY COUNCIL SHALL CANVASS SUCH RETURNS, AND IN THE ABSENCE OF A DECLARATION OF A CONTEST BY ANY OF THE CANDIDATES IN SUCH ELECTION, SHALL DECLARE THE -84- result of the election as shown by the returns made by clerk and the election board for said election. A tie between two or more candidates shall be determined as prescribed by ordinance. The city clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. SECTION 10. RECALL OF ELECTED OFFICERS Upon presentation to the City Council of said City of a petition or petitions signed before the City Clerk or deputy clerk at the City Hall, and not elsewhere, by registered voters of said city, in number equalling thirty per cent (30 ) of the registered voters of the city, asking for a recall of any officer or officers elected under this act, it shall become the duty of the City Council to call an election within thirty (30) . days after the presentation of the petition or petitions to fill the place or places of any officer or officers so petitioned against, such elections to be held in accordance with the provisions of this act for regular municipal elections. SECTION 11. REASONS FOR. RECALL Any petition for the recall of any officer or officers in the City of Cape Canaveral shall be void, unless it is based upon one or more of the following charges: (1) Halfeasance (2) Misfeasance (3) Nonfeasance -85- 167 SECTION 12. INITIATIVE PETITION FOR ORDINANCE Any lawful ordinance, including ordinances for the repeal of ordinances then in effect or which have been enacted but not yet effective, may be submitted to the City Council by a petition, signed by at least twenty-five per cent (25%) of the total number of reg- istered voters in the city. All petitions circulated with respect to any proposed ordinance shall set out the proposed ordinance in full and shall have printed or written thereon the name of five electors who shall be officially regarded as filing the petition, and shall constitute a committee of the petitioners for purpose hereinafter named; each signer of the petition shall sign his name in ink or indelible pencil and shall place on the petition opposite his name the date of his signature. The signatures to any such petition need not be appended to one paper, but to each such paper shall be attached an affidavit by the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant on the date indicated. SECTION 13. FILING OF INITIATIVE PETITION All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one instrument within thirty (30) days of the first signa- ture thereon, and when so filed the City Clerk shall submit the same to the City Council at its next regular -86- 167 meeting and provisions shall be made by the City Clerk for public hearing upon the proposed ordinance. SECTION 14. PROCEDURE ON INITIATIVE PETITION The City Council shall at once proceed to consider such petition and shall take final action thereon within thirty ( 30) days after the date of submissions. If the City Council rejects any of the provisions of the pro- posed ordinance, as set forth in the petition, the City Clerk shall at once cause notice of the filing of such petition and the refusal of the City Council to pass said ordinance, to be published in a newspaper published in the County of Brevard, Florida, and the City Council shall at once proceed to submit the pas- sage of the ordinance to the majority vote of tine qualified electors of the city voting in such an elec- tion. If a regular or special election is to be held in the city, not earlier than thirty (30) days, nor later than sixty (60) days, the ordinance shall be sub- mitted to the voters at such an election; otherwise an election shall be called for such submission within sixty (60) days after the refusal of the City Council to pass such ordinance. At least ten (10) days before such election the City Clerk shall cause the text of the ordinance to be published in a newspaper of general circulation published in the County of Brevard, Florida. SECTION 15. PETITION EFFECT ON PENDING ORDINANCE When the initiative petition is for an ordinance repealing or amending an ordinance which has been en- acted, but is not yet effective, the offending ordi- -87- 167 nance shall not go into effect until after the initia- tive referendum has been held and the provisions of the original ordinance upheld. SECTION 16. REFERENDUM BALLOT FORM Referendum elections pursuant to the initiative petition shall be provided for in the same manner as other elections of the City. The ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance to be referred, below which shall be two lines in the following form: FOR THE ORDINANCE AGAINST THE ORDINANCE The voter shall express himself by placing a cross (X) mark to the right of the line indicating his desire in the matter. SECTION 17. REPEAL OF ORDINANCES ADOPTED BY REFERENDUM Ordinances adopted by referendum vote can be amen- ded or repealed only by a referendum vote, but the pro- position to amend or repeal such ordinances may be submitted to the voters in any regular election of the city; provided, that no later than fifteen (15) days before such election the City Council shall cause no- tice of such reference to be published in a newspaper of general circulation published in the County of Brevard, Florida, using only the title of such ordi- nance in the notice it is to be repealed, but the amendment in full if it is to be amended. Said notice to be posted in three public places if there be no -88- 167 newspaper published in the city. SECTION 18. CITY ATTORNEY TO DRAFT ORDINANCES It shall be the duty of the city attorney to draft initiative ordinances or to pass upon the legality of the same when requested to do so by the referendum committee of five. SECTION 19. FILING FEE The City Council shall provide by ordinance for a filing fee for all candidates qualifying to have their names placed on the election ballot, said fee not to exceed Fifteen Dollars ($15.00) for each candidate. ARTICLE XXII ABATEMENT OF NUISANCES SECTION 1. STRUCTURES The existence of dilapidated, unsanitary or unsafe buildings or structures constitutes a menace to the public health and safety, and as such they are hereby declared to be nuisances. The City Council shall have the power and authority to abate such nuisances by con- demning and ordering to be demolished or removed, or put in a state of sound repair, any and all dilapidated, unsafe or unsanitary buildings or structures. SECTION 2. WET LANDS The existence of marsh, swamp, wet or overflowed lands provides breeding places for mosquitoes and dan- gerous reptiles, produces unpleasant odors , stenches -89- 167 and smells, and is otherwise dangerous to the health, comfort, convenience and general welfare, and such lands are hereby declared to be nuisances. The City Council shall have the power and the authority to abate such nuisances by requiring the owner of any marsh, swamp, wet or overflowed land to ditch, drain or fill the same. SECTION 3. REFUSE The presence of garbage, refuse, surface closets, dead animals, trash, waste and unused lumber or other waste material, sawdust or debris of any kind, or woods or high grass produces and harbors mosquitoes and dan- gerous reptiles, increases the danger of fires and the spread thereof, and produces unpleasant odors , stenches and smells and is otherwise dangerous to the health, comfort, convenience and general welfare, and , the exis- tence of any. such condition is hereby declared to be a nuisance. The City Council shall have the power and authority to abate such nuisance by requiring the owner of any property to remove therefrom all such garbage, refuse, surface closets , dead animals, trash, waste or other unused lumber, or other waste material, sawdust or debris of any kind, and to cut to a height of not more than four (4) inches from the ground all weeds or grass, and to remove the same from said lands. SECTION 4. PROCEDURE TO ABATE NUISANCE If any officer of the City shall find any nui- sance, as set forth in this Article, to exist on any -90- 167 lands within the City, he is hereby authorized and empowered and directed to give the owner of such land notice to abate nuisance or to show cause before the City Council of the City of Cape Canaveral, at a time and place to be designated and specified in said notice, not less than ten (10) days from the date of service thereof, why the same should not be declared to be a nuisance and abated. Such notice may be served upon said owner by any officer or agent of the City, either personally or by mail. Said hearing may be adjourned by the City Council from time to time. At such hearing the City Council shall give to the said officer and said owner of said property a full opportunity to be heard and to present any evidence relating to the con- dition of said property, and the conditions causing such nuisance, and may, if deemed advisable, make a personal inspection of the property. If, upon the hearing of such evidence, or upon such personal inspec- tion, the City Council shall determine that a nuisance exists, it may enter an order requiring the owner to abate said nuisance within a reasonable time, not less than ten (10) days nor more than thirty (30) days from the date of such order. SECTION 5. PROCEDURE AS TO UNKNOWN PROPERTY OWNERS If the name of the owner of said property is un- known to the officer of the City who shall find the nuisance to exist on said property, or the home of such owner is unknown to the City Clerk of the City of Cape Canaveral, or the name of the owner is known and the -91- 167 address of said property owner is unknown to such officer or City Clerk, the notice provided in Section Four (4) may be served upon the owner of said property by posting a copy of the same upon the property not less than ten (10) days before the date of hearing, and such notice by posting shall be sufficient to authorize the City Council to proceed in the manner provided by Section Four (4) . SECTION 6. MAJORITY OF COUNCIL MAY ACT In any proceeding had under this Article a major- ity of the City Council may act, and the presence of the full Council shall not be required. SECTION 7. ONE ORDER AFFECTS SEVERAL PARCELS Where notice shall have been given in the manner provided herein to the owners of more than one parcel of property, the City Council may in one order deter- mine that said nuisance exists as to all of said pro- perties, and may in one order require each owner to abate said nuisance as to his property, and it shall not be necessary to enter separate orders on each parcel of property. SECTION 8. AUTHORITY OF CITY COUNCIL--PENALTIES The City Council shall have the authority and power to provide penalties by fines or imprisonment, or by both fine and imprisonment, for the violation of any order so entered. SECTION 9. FAILURE TO COMPLY WITH ORDER If any owner of any property shall fail to comply -92- 167 with the order of the City Council within the tine specified in said order, the City, acting by and through any officer, agent or employee, nay enter upon the pro- perty where said nuisance exists, and may do all acts necessary to abate such nuisance, and expend such sum of money in doing such work as nay be required to abate such nuisance at the expense of the owner thereof, and may charge or assess the said property and the owner with the actual cost of labor performed and materials furnished in abating said nuisance, together with ten (10%) per cent of the cost of such labor and materials for the use of tools and supervision, and said amounts shall constitute an indebtedness of the owner of said property to the City of Cape Canaveral, and shall con- stitute a lien against said property which shall, be superior to all other liens, except the liens for State and County taxes and City taxes, and the liens for special assessments for public improvements. The City Clerk shall enter in a book provided by him for such purpose the claim of the City for said lien, in which he shall give a brief description of the property, the name of the owner, if known, and the amount due to the City for which said lien is claimed. The amounts so expended by the City shall become due within one (1) month after the expenditure of the sane, and if not paid within said time , shall bear interest after one (1) month from the date thereof at the rate of one (1) per cent per month until paid. Upon payment of the amount due for said work the City Clerk shall enter on said record the fact and date of payment thereof, and such -93- 167 entry of payment by the City Clerk shall constitute a discharge of the lien. SECTION 10. VALIDITY OF LIENS Any liens herein provided for shall not be set aside or declared invalid because of any informality or irregularity in the Proceedings , provided the notice required by Section Four (4) and Five (5) of this Article shall have been given. The entry of such lien shall be competent and sufficient. (evidence) and prima facie evidence of thenecessity for, and the legality of the work done, and the correctness of the amount claimed by the City for such work and of the lien for the same. In any suit brought to enforce said lien no defense shall be available to the owner or other defen- dant except the defense that the nuisance found by the City Council to exist did not exist, or that the same had been abated by the owner of the property prior to the abatement of such nuisance by the City, or that the amount claimed by the City to be due for the cost of abating said nuisance was not expended by the City, or that such amount had been paid, and the burden of affir- natively alleging and proving such defense shall be upon the defendant. SECTION 11. FAILURE TO PAY AMOUNT ASSESSED FOR LIEN If the owner of any property subject to such a lien for the abatement of a nuisance, as herein provided, shall fail to pay the amount assessed against said property for the expense of abating said nuisance, as herein provided, within thirty (30) days after the same -94- 167 shall have been assessed, the City Clerk shall be, and is hereby, authorized and directed to deliver to the City Attorney a certified copy of said entry of lien for collection; which certified copy of said entry shall be prima facie evidence of the contents of said entry of lien and of the effects thereof, as provided in this Article. The City Attorney, upon receiving such certi- fied copy as aforesaid, shall be, and he is hereby authorized and directed to bring in the Circuit Court for Brevard County, Florida, a bill in equity to fore- close the said lien, which bill in equity shall briefly allege the City's claim of lien against the real estate described, shall briefly allege the giving of the no- tice and the entry of the order for the abatement of said nuisance, the failure of the owner to abate the same, and the abatement of the same by the City, the expense of such abatement, and the entry of the lien therefor, and the failure of the owner to pay the same. The service of the suit, the proceedings therein, and the sale of said property in said foreclosure Proceedings shall be the same as is provided by law for the fore- closure of liens for taxes by the City, which are hereby made applicable to suits to foreclose the liens provided by this Article. A sale of said property in said foreclosure proceedings shall divest the title of the owner thereof and the claims of all persons holding liens on said property, and vest the same in the pur- chaser in the same. manner and to the same effect as suits to foreclose liens for taxes. -95- 167 SECTION 12. ATTORNEYS FEES The City Attorney shall be entitled to a fee of five (5%) per cent of all amounts of liens and interest collected by him without suit, which shall be added to the amount of the lien, and in all suits to foreclose said liens wherein the City shall prevail he shall be entitled to a reasonable attorneys fee, to be fixed by the Court and to be taxed as a part of the cost, which allowance to the City Attorney shall be regarded as further penalties for the non-payment of the said lien within the time prescribed by law. If the City Attorney shall procure information from an abstract company as to record ownership of, or mortgages or.liens upon any land, the liens on which have been certified for collection, the amount so paid to such abstract company for such information shall be included in the cost in the event of foreclosure. SECTION 13. COMPLAINT TO FORECLOSE LIEN The City Attorney, in foreclosing said liens, may include in one bill of complaint as many parcels of land and as many and varied defendant owners, mort- gages and other lien holders as may be deemed necessary and advisable by the City Attorney, and may include the foreclosure of such liens in a bill of complaint seek- ing the foreclosure of taxes. No such bill of complaint shall be deemed multifarious, and it shall be no objec- tion to the same, that liens upon more than one parcel of land, or liens for taxes , or more than one defendant, are included in the same bill of complaint. -96- 167 ARTICLE XXIII EXTENSION OF THE CORPORATE LIMITS SECTION 1. METHODS OF ANNEXATION The corporate limits of the City of Cape Canaveral may be extended and enlarged as follows: 1. Under the procedure for the annexation of contiguous lands as provided in the general laws of the State of Florida; or 2. The City Council may, by resolution, annex lands which are contiguous to the corporate limits of the City upon written request of the owner (or all the owners if there are more than one) of such lands, and such resolution shall become effective upon its adop- tion and no land shall be annexed by this method except lands owned by the person requesting such annexation; or 3. Upon written request of ten (10%) per cent of the qualified electors residing in any area contigu- ous to the corporate limits of the City, the City Council may call an election, at which election the question of whether or not the said area should be annexed by and brought within the corporate limits of the City of Cape Canaveral shall be voted on by the qualified electors residing in the area. If a majority of the votes cast in the said election are in favor of such annexation by the City, the City Council may, by resolution, annex the said area and no publication of said resolution shall be squired, and it shall become effective upon its adoption. The election held under this paragraph shall be held and conducted in the same -97- 167 manner as regular municipal elections under this act; and the term "qualified elector" as used in this para- graph is hereby defined as: a freeholder registered in Brevard County, Florida, and residing in the said area considered for annexation. 4. Upon the request by written petition subscrib- ed by a majority of the registered resident freeholders residing within an area described in the petition and contiguous to the corporate limits of the City, the City Council may by resolution annex the said area and bring the lands as described in the petition within the corporate limits of the city. A copy of the resolution shall be published at least once a week for two (2) consecutive weeks in a newspaper published in Brevard County, Florida, and having a general circulation in the city, and said resolution shall become effective ten (10) days after thelast publication thereof. The term "registered resident freeholder" as used herein is hereby defined as a person registered to vote in Brevard County, Florida, residing within the area described in the petition and owning real property situated within the said area described in the petition. ARTICLE XXIV MISCELLANEOUS SECTION 1. BUILDING CODES The City Council of the City of Cape Canaveral shall have the poser to adopt a building code, an electrical code and a plumbing code not inconsistent with the laws of the State of Florida, in the premises, -98- 167 regulating the manner of construction of buildings and materials used in the wiring and plumbing of any building or other structure in the City, and to provide penalties for the violation of such codes. SECTION. 2. - CONSTITUTIONAL PROVISION AND SEVERABILITY That if for any reason any section or provision of this act shall be adjudged unconstitutional or other- wise inoperative, such facts shall not be held to affect any other section or provisions of this act contained, but such other sections or provisions shall remain in full force and effect as if the sections or provisions adjudged unconstitutional or inoperative had not been originally incorporated in this act. SECTION 3. TRANSFER OF RECORDS All records, property and equipment whatsoever of any office, department, board, commission or agency, all the powers and duties of which are assigned to any other office, department, board, commission or agency by this act, shall be transferred and delivered to the office, department, board, commission or agency to which such powers and duties of any office, depart- ment, board, commission or agency are by this act assigned to another office, department, board, commis- sion or agency, and all records, property and equip- ment relating exclusively thereto shall be transferred and delivered to the office, department, board, commis- sion or agency to which such powers and duties are so assigned. -99- 167 SECTIO!T 4. PROCEDURE FOR PASSAGE OF ORDINANCES (1) FIRST READING: Every ordinance shall be introduced in writing, and after passage on first reading shall be publicly posted at the City Hall, together with a Notice of the City Council meeting when it will be given a public hearing and be considered for final passage. The posting shall be for a period of at least five (5) days prior to the time of the public hearing and final passage. (2) SECOND READING: PUBLIC HEARING At the Council meeting so posted, or at any meet- ing to which such hearing shall from time to time be adjourned, such ordinance shall be read in full and, after such reading, all persons interested shall be given an opportunity to be heard. After such hearing, the Council may finally pass such ordinance with or without amendment. The second passage of any ordi- nance pursuant to this act shall be final and no fur- ther passage shall be required. (3) FURTHER CONSIDERATION--FINAL PASSAGE After such hearing, the City Council may finally pass such ordinance with or without ameinent, except that if it shall make an amendment which constitutes a change of subject, it shall not finally pass the ordinance until it shall have caused the amended sec- tions to be posted at least once, together with a Notice of the Council meeting when such amended ordi- nance will be further considered, which posting shall be for a period of at least five (5) days prior to the -100- 167 See Revised Page. Amended 11-17-81 Ord #20-81 SECTION 4. PROCEDURE FOR PASSAGE OF ORDINANCES (1) FIRST READING: Every ordinance shall be introduced in writing, and after passage on first reading shall be publicly posted at the City Hall , together with a Notice of the City Council meeting when it will be given a public hearing and be considered for final passage . The posting shall be for a period of at least five (5) days prior to the time of the public hearing and final passage. (2) SECOND READING: PUBLIC HEARING At the Council meeting so posted, or at any meeting to which such hearing shall from time to time be adjourned, such ordinance shall be read in full or by title and, after such reading, all persons interested shall be given an opportunity to be heard. After such hearing, the Council may finally pass such ordinance with or without amendment . The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. (3) FURTHER CONSIDERATION--FINAL PASSAGE After such hearing, the City Council may finally pass such ordinance with or without amendment , except that if it shall make an amendment which constitutes a change of subject , it shall not finally pass the ordinance until it shall have caused the amended sec- tions to be posted at least once, together with a Notice of the Council meeting when such amended ordi- nance will be further considered, which posting shall be for a period of at least five (5) days prior to the -100- (Revised) time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be adjourned, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same condi- tions. The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. (4) EMERGENCY ORDINANCES: The City Council may by unanimous vote cif the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances, and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordi- nance was introduced, provided however that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day Period following its first passage as an emergency ordinance, the said emer- gency ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an emer- gency ordinance whenever, in the opinion of the City Council, the public welfare will be best served by the -101- 167 passage of an emergency ordinance. (5) EXECUTION OF ORDINANCES: Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however failure of the City Attorney to so approve an ordinance shall not affect its validity. (6) PUBLICATION OR POSTING OF ORDINANCES AFTER FINAL PASSAGE The City Council may designate the method of pub- lication or posting of each ordinance in the ordinance, and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the bulletin board at City Hall for a period of ten (10) days. However, all ordinances levying taxes shall be published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication, or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. (7) EFFECTIVE DATE OF ORDINANCES Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a Provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. -102- 167 SECTIOX 5. GENERAL STATUTES OF THE STATE OF FLORIDA The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns , when not in conflict with the terms of this act, and the sane are hereby made a part of the Charter. SECTION 6. CONFLICTING LAWS That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. SECTION 7. INVESTIGATE PROCEDURES The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be in- vestigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that pur- pose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer malting the investigation, and shall be served by an officer authorized to serve such pro- cess . The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State to admin- ister oaths. Failure to obey such subpoena or to 103 167 STATE OF FLORIDA ) : SS OFFICE SECRETARY OF STATE ) I, TOM ADAMS, Secretary of State of the State of Florida, do hereby certify that the above and foregoing is a true and correct copy of House Bill No. 167, being "AN ACT TO ABOLISH THE PRESENT MUNICIPALITY OF THE CITY OF CAPE CANAVERAL IN BREVARD COUNTY , FLORIDA, AND TO CREATE, ESTABLISH AND ORGANIZE A MUNICIPALITY TO BE KNOWN AND DESIGNATED AS THE CITY OF CAPE CANAVERAL, TO BE LOCATED IN BREVARD COUNTY, FLORIDA; TO DEFINE ITS BOUNDARIES; TO PROVIDE FOR AND PRESCRIBE ITS GOVERNMENT , JURISDICTION, POWERS , DUTIES , FRANCHISES AND PRIVILEGES; TO AUTHORIZE THE IMPOSITION OF PENALTIES FOR THE VIOLATION OF ITS ORDINANCES; TO RATIFY, VALIDATE AND CONFIRM THE LEVIES OF TAXES MADE BY THE CITY OF CAPE CANAVERAL AND. TO PROVIDE FOR THE COLLECTION, LIEN AND EN- FORCEMENT OF THE SAME; AND TO PROVIDE THAT THE TITLES , RIGHTS AND OWNERSHIPS OF PROPERTY, UNCOLLECTED TAXES , DUES , CLAIMS , JUDGMENTS , DECREES, CHOSES IN ACTION, AND OTHER PROPER- TIES AND ALL POWERS HELD OR OWNER BY THE CITY OF CAPE CANAVERAL SHALL BE VESTED IN THE CITY OF CAPE CANAVERAL HEREBY CREATED;" Laws of Florida, Regular Session 1963, as shown by the records of this office. GIVEN UNDER MY HAND and the Great Seal of the State of Florida at Tallahassee, the Capital, this the 20th day of May A.D. 1963. [signature] SECRETARY OF STATE [seal] APPENDIX A Article XIV, Fire Department, is hereby amended as follows: THAT THE COUNCIL SHALL PASS NO ORDINANCE, resolution, or motion obligating or authorizing the City to establish or operate a Fire Department, or to build or acquire a Fire Station, or to contract for fire protection services with any person, governmental entity or corporation other than the Cape Canaveral Volunteer Fire Department, Inc. , without such plan or proposal having been first approved by a majority vote of the qualified electors of the City voting in a general election or one held for this purpose. Nothing herein shall prevent the City or Cape Canaveral Volunteer Fire Department, Inc. , from entering into a Mutual Aid Agreement with any municipality, Brevard County or any private or federal agency for the purpose of supple- menting the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc. FURTHER PROVIDING that any action previously taken by Resolution, motion or otherwise to establish or operate a Fire Department or to build or acquire a Fire Station shall be terminated or stayed until brought into compliance with this Section. Note: This amendment was placed on the ballot as a referendum question and adopted by the voters at the General Election held on November 5, 1985. -107- Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper city officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. SECTION 13. BENEFIT FROM CONTRACTS PROHIBITED No member of the City Council or officer, agent or employee of the City shall benefit, directly or indi- rectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. SECT. 14 This bill shall take effect immediately upon becoming a law. -106- 167 Became a law without the Governor's approval., Filed in Office Secretary of State MAY 16 1963 nance passed in a manner other than as provided by this act is hereby repealed and held void. SECTION 11. FREEDOM FROM TORT LIABILITIES No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (50) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. SECTION 12. NOTICE OF DAMAGE CLAIM REQUIRED No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape -105- 167 produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) or by imprison- dent not to exceed sixty (60) days , or both. SECTION 8. NEPOTISM No member of the immediate family of the mayor or a member of the City Council shall be eligible to hold a salaried position with the City of Cape Canaveral. SECTION 9. GENDER Whenever in this act the masculine personal pro- noun is used it shall be considered to mean either masculine or feminine. No woman shall be disqualified for any position in the City Government because of her sex. SECTION 10. CONTINUANCE OF OFFICERS AND ORDINANCES All officers heretofore elected or appointed and holding office under the said municipality shall con- tinue to hold their respective offices and to dis- charge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and unimpaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordi- -104- 167 860141 [seal of The State of Florida] FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Dorothy W. Glisson Deputy Secretary For Elections March 24, 1986 Janet S. Leeser City Clerk City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Dear Ms. Leeser: This will acknowledge your letter of March 19, 1986 and certified copy of Ordinance No. 43-85 which was adopted by referendum at the General Election held on November 5, 1985 and amended Article XIV of the City Charter relating to the Fire Department , and a copy of the amended charter, which were filed in this office on March 21, 1986. Kindest regards. Cordially, [signature] (Mrs.) Liz Cloud, Chief Bureau of Administrative Code LC/vm FLORIDA-State of the Arts DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301 (904) 488-7690 FILE COPY City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL March 19, 1986 The Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Sir: Enclosed please find a certified copy of Ordinance No. 43-85 which was adopted by referendum at the General Election held on November 5, 1985 and amended Article XIV, of our City Charter. The subject amendment pertains to the Fire Department. Also enclosed is a copy of the amended Charter. Please acknowledge receipt of these documents. Sincerely, [signature] Janet S. Leeser City Clerk JSL: lsm Encls. [seal of The State of Florida] FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Dorothy W. Glisson Deputy Secretary For Elections March 1 , 1985 City of Cape Canaveral Janet S . Leeser , City Clerk P. 0. Box 326 Cape Canaveral , FL 32920 Dear Ms . Leeser : This will acknowledge your letter of February 25 , 1985 and certified copy of Ordinance No . 5-85 amending the City Charter, which was filed in this office on February 28 , 1985 . Kindest regards . Cordially, [signature] (Mrs.) Liz Cloud, Chief Bureau of Administrative Code LC/vm FLORIDA-State of the Arts DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301 (904) 488-7690 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL February 25, 1985 The Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Sir: I am enclosing a certified copy of Ordinance No. 5-85 which was adopted on February 19, 1985 by our City Council and amended Article XX, Section VIII of our City Charter. The subject amendment pertains to deleting the minimum term for bonds . Also enclosed is a copy of the amended Charter. Please acknowledge receipt of these documents. Sincerely, [signature] Janet S. Leeser City Clerk JSL/bc Encls. 830697 FILE COPY FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State November 18, 1983 Ms . Patricia J. Beaulien, City Clerk City of Cape Canaveral Post Office Box 326 Cape Canaveral , Florida 32920 Dear Ms . Beaulieu: This will acknowledge your letter of November 14 and a copy of the Revised Charter of the City of Cape Canaveral, which was filed in this office on November 18 , 1983. Also received and filed were a certified copy of the charter amendment which was ratified at an election held on November 8 , 1983, together with the certificate of results of the referendum. Kindest regards. Sincerely, [signature] (Mrs . ) Nancy Kavanaugh Chief, Bureau of Laws /nk FLORIDA-State of the Arts ORDINANCE NO. 5-85 AN ORDINANCE AMENDING ARTICLE XX, SECTION VIII , "SIGNING BONDS" , OF THE CHARTER OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY DELETING THE MINIMUM TERM FOR BONDS ; BY CHANGING THE ALLOWABLE PAYMENT DATES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, finds it necessary to occasionally acquire certificates of indebtedness; and WHEREAS, in the highly fluid market of today, terms of less than two years are sometimes advantageous; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1. Article XX, Section VIII , of the Charter of the City of Cape Canaveral, Florida, is hereby deleted in its entirety and replaced with the following: Sec. 8 Signing Bonds . All bonds, public improvement certificates or public utility revenue certificates , or other obligations for the payment of money, shall be signed in the name of the City of Cape Canaveral by the Mayor or such other officer as shall be designated for said purpose in the resolution authorizing the issuance of the same, and shall be attested by the City Clerk and shall be under the Seal of the City, and all of said bonds and certificates of indebtedness, except public improvement certificates payable only from assessments from public improvements, may bear interest coupons to be signed with facsimile signature of the Mayor; and all of the said obligations shall be of such denominations as shall be determined by the City Council, and to bear interest at the rate fixed by the City Council, not exceeding the prevailing market rate for similarly rated bonds, payable as may be determined by the City Council and not to exceed fifty (50) years from the date thereof. SECTION 2 . This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of February , 1985. [Wayne Rutherford's signature] Mayor Attest: [Janet S. Leeser's signature] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO FISCHETTI YES MARCHETTI YES NICHOLAS YES RUTHERFORD YES WINCHESTER YES First Reading: 2-5-85 Posted: 2-6-85 Advertised: 2-9-85 Second Reading: 2-19-85 STATE OF FLORIDA COUNTY OF BREVARD This is to certify that the foregoing is a true and correct copy of Ord. No. 5-85 witness my hand and official seal this 15th day of Feb 1985 [Janet S. Leeser's signature] City Clerk • City of Cape Canaveral [illegible] City of Cape Canaveral 105 POLK AVENUE • CAPE CANAVERAL,FLORIDA 32920 P.O.BOX 326 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL November 14 , 1983 The Honorable George Firestone Secretary of State The Capitol Tallahassee, Fl. 32301 Honorable George Firestone: I am enclosing a certified copy of Ordinance No. 16-83 which placed amendments to the City' s Charter on the November 8 , 1983 ballot. Enclosed also is a certified copy of Resolution No. 83-82 and attachments which certified the election results of the referendum question showing 561 votes in favor of the Charter change and 313 opposed to the Charter change. The revised Charter is enclosed reflecting the amended articles. Please acknowledge receipt of these documents. Sincerely, [signature] Patricia J. Beaulieu City Clerk Enclosures : Ord. No. 16-83 Res. No. 83-82 Revised Charter [seal of The State of Florida] FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State November 16 , 1982 Ms . Patricia J . Beaulieu City of Cape Canaveral 105 Polk Avenue Cape Canaveral , Florida 32920 Dear Ms . Beaulieu : This will acknowledge your letter of November 8, 1982 and a certified copy of Ordinance/s No . /s 15-82 and Res. 82-64 1 . Annexing certain lands into the of 2 . Containing the Revised Charter of the City of Cape Canaveral 3 . Proposing an amendment/s to the Charter of City of Cape Canaveral. 4 . Received was the certificate of results , as approved at the election held November 2 , 1982 and the sample ballot . 5 . These documents were received and filed in this office November 12, 1982 . 6 . The original/duplicate copy/ ies showing the filing date is/are being returned for your records . Cordially , Nancy Kavanaugh (Mrs . ) fancy Kavana Chief , Bureau of Laws FLORIDA-State of the Arts City of Cape Canaveral 105 POLK AVENUE • CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783.1100 CITY OF November 8, 1982 CAPE CANAVERAL The Honorable George Firestone Secretary of State The Capitol Tallahassee, FL 32301 Sir: I am enclosing a certified copy of Ordinance No . 15-82 which placed a proposed amendment to Article III, Section 4 of the City' s Charter on the November 2, 1982 General Election Ballot. Enclosed also is Resolution No . 82-64 which certified the election results of Referendum Item #2 (regarding the Charter change) showing 1, 189 for the change and 227 against the change. A copy of the amended Charter is also enclosed. Please acknowledge receipt of these documents . Sincerely, [signature] Patricia J. Beaulieu City Clerk PJB/jl Enclosures Ord. #15-82 Res . #82-64 City Charter FILE COPY 810754 [seal of The State of Florida] FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State November 23 , 1981 Ms . Patricia J . Beaulieu City of Cape Canaveral Post Office Box 326 Cape Canaveral , Florida 32920 Dear Ms . Beaulieu : This will acknowledge your letter of November 18 , 1981 and a certified copy of Ordinance/s No . /s 20-81 1 . Annexing certain lands into the of 2 . Containing the Revised Charter of the of 3 . Proposing an amendment/s to the Charter of Cape Canaveral 4 . Received was the certificate of results, as approved at the election held , 1981 and the sample ballot . 5 These documents were received and filed in this office November 23 , 1981 . Cordially, [signature] (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws NK/ FLORIDA-State of the Arts City of Cape Canaveral 105 POLK AVENUE • CAPE CANAVERAL, FLORIDA 32920 P.O.BOX 326 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL November 18, 1981 The Honorable George Firestone Secretary of State The Capital Tallahassee, FL 32301 Sir : I am enclosing a certified copy of Ordinance No. 20-81 which was adopted on November 17 , 1981 by our City Council and amended Section 4, Article XXIV of our City Charter. The subject amendment pertains to Second Reading of Ordinances . Also enclosed is a copy of the amended Charter. Please acknowledge receipt of these documents. Sincerely, [signature] Patricia J. Beaulieu City Clerk PJB/jl Enclosures 810140 FILE COPY [seal of The State of Florida] FLORIDA DEPARTMENT OFSTATE George Firestone Secretary of State Oct . 16 , 1981 City of Cape Canaveral P . O. Box 326 Cape Canaveral , Fl . 32920 Attn : Patricia J . Beaulieu Dear Madame : This will acknowledge your letter of and a certified copy of Ordinance/s No . /s 17-81 1 . Annexing certain lands into the of 2 . Containing the Revised Charter of the of 3 . Proposing an amendment/s to the Charter of City of Cape Canaveral . 4 . Received was the certificate of results , as approved at the election held , 1981 and the sample ballot . 5 . These documents were received and filed in this office Oct . 12 , 1981. Cordially, [signature] (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws NK/ FLORIDA-State of the Arts City of Cape Canaveral 105 POLK AVENUE • CAPE CANAVERAL,FLORIDA 32920 P.O.BOX 326 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL October 9, 1981 George Firestone Secretary of State The Capitol Tallahassee, FL 32301 The Honorable George Firestone: I am enclosing a certified copy of Ordinance No. 17-81 which was adopted on October 8, 1981 by our City Council and amended Section 8, Article XX of our City Charter. The subject amendment pertains to interest rates. Also enclosed is a copy of the amended Charter. Please acknowledge receipt of these documents. Sincerely yours, [signature] Patricia J. Beaulieu City Clerk PJB/jl Enclosures 810386 FILE COPY [seal of The State of Florida] FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State May 21 , 1981 City of Cape Canaveral 105 Polk Ave . Cape Canaveral , Fl . 32920 Attn: Patricia J . Beaulieu Dear Madame : This will acknowledge your letter of May 15 and a certified copy of Ordinance/s No . /s 6-81 1 . Annexing certain lands into the of 2 . The Revised Charter of the City of Cape Canaveral 3 . Proposing an amendment/s to the Charter of City of Cape Canaveral 4 . Received was the certificate of results , as approved at the election held , 1981 and the sample ballot . These documents were received and filed in this office May 21 , 1981 . Cordially , [signature] (Mrs.) Nancy Kavanaugh Chief , Bureau of Laws NK/ FLORIDA-State of the Arts 81-0217 City of Cape Canaveral 105 POLK AVENUE • CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL May 15, 1981 The Honorable Secretary of State George Firestone The Capitol Tallahassee, Florida 32304 The Honorable George Firestone: I am enclosing a certified copy of Ordinance No. 6-81 which was adopted on May 5, 1981 by our City Council and amended Section 12 , Article XVII of our City Charter. The subject amendment pertains to purchasing. Also en- closed is a copy of the amended Charter. Sincerely, [signature] Patricia J. Beaulieu City Clerk Enclosures 800236 FILE COPY MICROFILMED 3-31-80 Secretary of State STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904) 488-3680 [seal of The State of Florida] GEORGE FIRESTONE SECRETARY OF STATE March 24 , 1980 [clock stamp showing 1:51 A.M., March 26th] CITY OF CAPE CANAVERAL CAPE CANAVERAL, FLORIDA Ms. Patricia J. Beaulieu City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Dear Ms. Beaulieu: This will acknowledge your letter of March 19 and copy of the Revised Charter of the City of Cape Canaveral, which was filed in this office on March 24, 1980. Also received were copies of Ordinance No. 2-80, proposing the charter amendment, and Resolution No. 80-5, certifying the results of the referendum held on March 11, 1980. Kindest regards. Cordially, [signature] (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws NK/mb FILE COPY MICROFILMED 3-31-80 City of Cape Canaveral 105 POLK AVENUE CAPE CANAVERAL FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF March 19, 1980 CAPE CANAVERAL Secretary of State George Firestone The Capitol Tallahassee, Florida 32304 Honorable George Firestone: I am enclosing a copy of Ordinance No. 2-80 which placed on the March 11, 1980 ballot a proposed amendment to Article XXI, Section 2A of the City' s Charter. Enclosed also is Resolution No. 80-5 which certified the election results of Referendum Item #1 (regarding the Charter change) showing 908 for the charter change and 91 against the charter change. The revised charter is enclosed reflecting amended Article XXI, Section 2A which changed the election from the first Tuesday in June every year to the first Tuesday following the first Monday in November each year. Sincerely, [signature] Patricia J. Beaulieu City Clerk Enclosures Resol. 80-5 Ord. 2-80 790360 OFFICIAL RECORD DO NOT REMOVE MICROFILMED 3-31-80 STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904) 488-3680 [seal of The State of Florida] GEORGE FIRESTONE SECRETARY OF STATE August 9 , 1979 Ms . Patricia J. Beaulieu City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Dear Ms. Beaulieu: In reply to your letter of August 7, our records show that the Revised Charter of the City of Cape Canaveral was filed in this office on December 1, 1978, together with Ordinance No. 18-78 amending the charter. Kindest regards. Cordially, [signature] (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws NK/mb 79-0241 FILE COPY MICROFILMED 3-31-80 City of Cape Canaveral 105 POLK AVENUE • CAPE CANAVERAL.FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF August 7 , 1979 CAPE CANAVERAL Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32304 Honorable Secretary of State: On November 28, 1978 , I forwarded a copy of our City's revised Charter and Ordinance No. 18-78 (RE: purchasing procedures) which had amended the Charter to the Secretary of State Jesse McCrary. As of this date, I have not received correspondence acknowledging receipt of these documents . In checking my past charter history correspondence, I found that receipt of revised charters and the amending ordinances were acknowledged by a letter from the Secretary of State' s office. Please look into this matter and advise whether or not your office has our revised Charter and the amending Ordinance No. 18-78 on file. Sincerely, Patricia J eaulieu City Clerk Enclosure(ltr. dated 11-28-78) PB/bam MICROFILMED 3-31-80 City of Cape Canaveral 105 POLK AVENUE • CAPE CANAVERAL. FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF November 28, 1978 CAPE CANAVERAL Honorable Jesse McCrary Secretary of State The Capitol Tallahassee, Florida 32304 Honorable Secretary of State: I am enclosing a copy of our City Charter and a certified copy of Ordinance No. 18-78 adopted by our City Council on November 21, 1978 which has amended Section 10, Article XVII pertaining to purchasing. Sincerely, Patricia J. Beaulieu City Clerk Enclosures MICROFILMED 3-31-80 STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904)488-3918 74 273 [seal of The State of Florida] RICHARD(DICK)STONE SECRETARY OF STATE May 17, 1974 Mrs. Anita J. Ostrom, CMC City Clerk, Treasurer City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Dear Mrs. Ostrom: This will acknowledge your letter of May 13 enclosing a copy of Ordinance No. 9-74, proposing an amendment to the charter of the City of Cape Canaveral. Also acknowledged is a copy of the revised charter, which was filed in this office on May 16, 1974. Please let us know whenever we may be of assistance. Cordially, RICHARD (DICK) STONE Secretary of State [signature] (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws NK/mb [clock stamp showing 6:58 A.M., May 2nd] CITY OF CAPE CANAVERAL CAPE CANAVERAL, FLORIDA 74 882 MICROFILMED 3-31-80 CITY OF CAPE CANAVERAL 105 POLK AVENUE • CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 MAY 13, 1974 HONORABLE RICHARD STONE SECRETARY OF STATE THE CAPITOL TALLAHASSEE, FLORIDA 32304 DEAR SECRETARY STONE: I AM FORWARDING A COPY OF OUR CITY CHARTER AND A COPY OF ORDINANCE 9-74 WHICH HAS AMENDED ARTICLE XX, SECTION 13 OF THE CHARTER REGARDING TEMPORARY BORROWING BY THE CITY. SINCERELY, [signature] ANITA J. OSTROM, CMC CITY CLERK-TREASURER AJO /pb STATE OF FLORIDA THE CAPITOL TALAHASSEE 32304 MICROFILMED 3-31-80 RICHARD (DICK) STONE MRS. DOROTHY W. GLISSON, DIRECTOR SECRETARY OF STATE DIVISION OF ELECTIONS June 13 , 1972 Mrs . Anita J. Ostrom City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral , Florida 32920 Dear Mrs . Ostrom: Your letter of June 9 has been received wherein you enclose certified copies of Ordinance No. 5-72 passed by the City Council of Cape Canaveral, the amended charter and the certificate of results of the election board adopting the amendment to Article XXI, Section Two of the Charter of the City of Cape Canaveral. These certified copies have been placed on file in our office on June 12, 1972. With kind regards, I remain Cordially, RICHARD (DICK) STONE Secretary of State By (Mrs.) Dorothy W. Glisson Director Division of Elections DG/eb [faded clock stamp] MICROFILMED 3-31-87 STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 [clock symbol displaying 6:47 A.M., June 18th] [seal of The State of Florida] TOM ADAMS SECRETARY OF STATE June 17, 1970 Miss Anita J. Ostrom City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Dear Miss Ostrom: Your letter of June 15 has been received wherein you enclosed copies of the City Charter, as amended, of the City of Cape Canaveral, Ordinance Number 1-70 and Resolution Number 70-19 certifying the results of the election relating to the Charter. These documents have been placed on file in our office pursuant to the provisions of Chapter 69-242, Laws of Florida. Please let us know if we may be of further assis- tance to you. With kind regards, I remain Sincerely, TOM ADAMS Secretary of State By (Mrs.) Doro y . Glisson Chief, Bur u of Elections DG/pc COPY June 15, 1970 The Honorable Tom Adams Secretary of State of Florida Tallahassee Sir: Transmitted herewith the following papers for the proper action by your office: City Charter, House Bill No. 167, as amended Ordinance No. 1-70 Resolution 70-19 Certification of Election If anything more is needed to effect the legality of the amended Charter, please inform me by return mail. Sincerely yours, CITY OF CAPE CANAVERAL Anita J. Ostrom, City Clerk enc.