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HomeMy WebLinkAboutCity Charter Correspondence - Historical Records MICROFILMED 3-31-80 PROCLAMATION FOR ELECTION WHEREAS, on the 10 day of March, 1962, the citizens of the area of the Canaveral Peninsula, embracing the Town of Cape Canaveral, Florida, did vote to incoproprate under the laws of the State of Florida as a municipality to be known as the Town of Cape Canav- eral, Florida: and WHEREAS, I, having been duly elect- ed as Mayor of the Town of Cape Ca- naveral, Florida, do hereby issue a call for an election of a Charter Committee of five members, and also the election of an Election Board of five members, said election to be held on May 1, 1962, between the hours of 7 am.m. and 7 p.m., at the precinct located at the recreation hall of the Cocoa Palm Trailer Courtm located within the corporate limits of the Town of Cape Canaveral, Florida. Doen this 12 day of April, 1962. R.A. JAMIESON, Mayor Town of Cape Canaveral, Fla. JEAN K. TALOR, Town Clerk 4-13-2t-Fo MICROFILMED 3-31-80 THE FLORIDA SENATE C. S. "CLIFF" REUTER TALLAHASSE SENATOR, 90TH DISTRICT P. O.BOX 162 SHARPES, FLORIDA 32959 July 8, 1968 Dear Ben: Thanks for the copy of the proposed amendment for the City Charter of Cape Canaveral. I was not able to get it in due to the brevity of the session. Get in touch a month or so before the next regular session (April 1969) to get this on the way then. Sincerely, Cliff Reuter, Senator CSR:mbr cc: Mr. J. A. Rickards Mr. Hal Sims Mr. Ben H. Dickens 221 Center Building Tallahassee, Florida 32301 MICROFILMED 3-31-80 LAW OFFICES SANCHEZ & DICKENS 221 CENTER BUILDING G. WARREN SANCHEZ TALLAHASSEE, FLORIDA 32301 AREA CODE 904 BEN H. DICKENS 224-2916 224-5133 July 1, 1968 Messrs. Richard Thurm, J. A. Rickards W. Dudley Jewell H. H. Simms, Jr. Cape Canaveral, Florida Gentlemen: Enclosed is a legislative act to amend the Charter of the City of Cape Canaveral, Florida, to facilitate the con- struction of the observation tower and related public improve- ments. This act has been prepared pursuant to the Notice of Intent to Apply for Legislation which has periodically been appearing in the "Today" newspaper. This should be presented to the Brevard delegation at once with a request that it be enacted at this session of the Legislature if it is possible to do so. A notarized proof of publication must be furnished to the legislative delegation for annexing to the bill. Sincerely, [signature] Ben H. Dickens BHD:l s Enclosure MICROFILMED 3-31-80 A BILL TO BE ENTITLED AN ACT AMENDING SECTIONS (2) , (4) , (8) , and (10) OF ARTICLE XX OF CHAPTER 63-1197, LAWS OF FLORIDA, SPECIAL ACTS OF 1963 ; RELATING TO THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING THE ISSUANCE OF REVENUE BONDS FOR THE ACQUISITION, FINANCING, AND OPERATION OF PUBLIC UTILITIES, CIVIC AUDITORIUMS, CONVENTION CENTERS, OBSERVATION TOWERS, MARINAS, PARKING AREAS, AND APPURTENANT RELATED FACILITIES WITHOUT RESTRICTION OR LIMITATION AS TO AMOUNT, PROVIDING FOR THE SIGNING, SALE, INTEREST RATE, MATURITY, AND TERMS OF SAID BONDS; PROVIDING FOR THE ADDITIONAL PLEDGE, AFTER AN ELECTION BY THE FREEHOLDERS, OF AD VALOREM TAXES FOR REVENUE BONDS; AND PROVIDING WHEN THIS ACT SHALL TAKE EFFECT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: Section 1. Section 2 of Article XX of Chapter 63-1197, Laws of Florida, Special Acts of 1963, is amended to read: "Section 2. Taxation for Bond Payment. The City Council is hereby authorized to provide for the issuance of negotiable bonds of the City, under the Seal of the City, for the pur- pose of providing funds for the financing, construction and equipping of any municipal project, improvement or facility which bonds shall not be subject to any limitation as to amount and shall be payable from taxation and for the payment of which the full faith and credit of the City is pledged. " Section 2. Section 4 of Article XX of Chapter 63-1197, Laws of Florida, Special Acts of 1963, is amended to read: "Section 4. Revenue Bonds Authorized For Certain Purposes. (1) The City Council shall be authorized to issue bonds or revenue certificates for the pur- pose of financing, constructioc , and equipping self- MICROFILMED 3-31-80 liquidating municipal revenue projects, improvements or facilities, including but not limited to, public utilities, plants and distribution systems, civic auditoriums, convention centers, marianas, parking facilities, libraries, recreational facilities, observation towers with facilities for dispensing food, elevator rides, and other concessions, observa- facilities and related facilities designed to increase tourism and stimulate commercial activity. " (2) Revenue bonds issued under the provisions of this act shall not be deemed to constitute a debt of the City of Cape Canaveral or a pledge of the faith, credit and taxing power of said city unless the issuance of said bonds shall have been approved by the majority of the freeholders who are electors residing in the said city. " (3) The City of Cape Canaveral is authorized to acquire the necessary land, franchise, easements, and rights of way to construct the improvements and facilities authorized in this act by gift, purchase, grant or through the exercise of the power of eminent domain. In order to fully carry out the purposes of this act in the most efficient and economical manner, the city may lease or sublease such of the completed facilities as in the discretion of the City Council is desirable to individuals, partnerships, and corporations, including corporations not for profit, provided however that in so doing the city shall always insure that such facilities shall be used to accomplish the public purpose for which they are authorized. -2- MICROFILMED 3-31-80 " (4) The legislature of Florida, in carrying out its constitutional responsibilities, finds as a fact that the acquisition, construction and operation, leasing and sub- leasing of the facilities and improvements authorized by this act are for a public purpose and will serve and ful- fill an essential public need, and the legislature further finds that the economy of the City of Cape Canaveral and the tax revenues of said city are almost entirely dependent upon public expenditures for national defense and space exploration and it is in the interest of the City of Cape Canaveral, its citizens, residents and inhabitants that tourism, recreation, and similar activities be fostered, encouraged and developed to provide for the economic well being of said city and its citizens, residents and inhabitants and for the diversification of the economy of said city. " Section 3 . Section 8 of Article XX of Chapter 63-1197, Laws of Florida, Special Acts of 1963, is amended to read: "Section 8. Signing of 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 a facsimile signature of the Mayor; and all of the said obligations -3- MICROFILMED 3-31-80 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 seven per cent (7%) 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 4. Section 10 of Article XX of Chapter 63-1197, Laws of Florida, Special Acts of 1963, is amended to read: "Section 10. Sale of Bonds. The said bonds or certificates of indebtedness may be sold by the city at either public or private sale at not less than ninety-five (95 ) cents on the dollar upon such terms and conditions as may be determined by the city council. " Section 5. This act shall take effect immediately upon becoming a law. -4- MICROFILMED 3-31-80 BAKER, BAKER & SMITH ATTORNEYS AND COUNSELORS AT LAW GArden 2-7174 - 2-7175 April 10, 1963 JOHN G. BAKER OVERSTREET BUILDING JOHN ALDEN BAKER 63 EAST PINE STREET LARRY G. SMITH POST OFFICE BOX 1171 JOSEPH P. BAKER ORLANDO, FLORIDA Mr . George Rogers President of Council, Canaveral Beach 8491 N. Atlantic Avenue Cocoa Beach, Florida Dear Mr . Rogers: With regard to your inquiry as to agreement among the Council members who attended the conference in our office , which, as nearly as I can recall, was on Saturday, February 16, 1963, at which time we went over the proposed Charter Act for City of Cape Canaveral item by item. After full discussion by those present , the proposed Act was approved by a unanimous vote of all those present. According to my notes Councilmen present were Messrs. , Anderson, Applegate , Collins , Eberwine and yourself , as well as Mr . Greany and Mr . Jandreau. Mr . Collins made some specific suggestions as to changes in our draft copy and several other items were clarified by suggestions from others present . The changes which were agreed upon were incorporated in the final draft , copies of which were furnished Mr. Collins and you. We were instructed to put the Act in final form to be turned over to the Legislative delegation by March 1, 1963. I do not recall any matters that were not fully dis- cussed and unanimously agreed upon by all those present. Sincerely, [signature] John G. Baker JGB: ar MICROFILMED 3-31-80 TO: HON. BERNARD PARRISH SENATOR, FLORIDA STATE SENATE TALLAHASSEE, FLORIDA HON: JAMES H. PRUITT HOUSE OF REPRESENTATIVES TALLAHASSEE, FLORIDA HON. JAMES R. DRESSLER HOUSE OF REPRESENTATIVES TALLAHASSEE, FLORIDA SUBJ: SIR: THIS IS TO INFORM YOU. OF THE RESULTS OF THE REGULAR MEETING OF CITY COUNCIL ON 16 APR WHERE THE CHARTER WAS DISCUSSED AS RECOMMENDED IN SEN, PARRISH'S LETTER TO MAYOR JAMIESON. IT WAS STATED BY THE MAYOR AND THE COUNCIL THAT IT WAS A GOOD CHARTER, BUT THE MAYOR POLLED THE COUNCIL AS TO WHO WANTED A REFERENDUM ADDED TO IT. COUNCILMEN COLLINS AND ANDERSON RENEGED ON THE PREVIOUS UNANIMOUS ADOPTION WITHOUT A REFERENDUM AND REQUESTED IT BE ADDED. THE OTHER COUNCILMEN VOTED TO LEAVE IT AS IT IS. NOW THE COUNCIL IS IN A 3-2 SPLIT. THE QUESTION WAS ASKED " WHO WOULD VOTE AGAINST THE CHARTER IN AN ELECTION " AND NOONE, THE COUNCIL OR THE 60 SOME CITIZENS PRESENT„WOULD SAY THEY WOULD VATE AGAINST IT. IT IS NOT OUR INTENTION TO INVOLVE YOU IN THE LOCAL POLITICS OF OUR CITY, WE HAVE BEEN, AND WILL REMAIN HONEST WITH YOU ABOUT THE AFFAIRS OF THIS CITY. WE REQUEST THAT THE CHARTER BE ENACTED AS IS, WITHOUT LOCAL REFERENDUM. IF THIS REQUEST CANNOT BE MADE POSSIBLE, WE WOULD APPRECIATE A REPLY. C.F.APPLEGATE G.G.ROGERS W.J.EBERWEIN W.E.GREANEY E.J.JANDREAU R.R.THURM MICROFILMED 3-31-80 THE FLORIDA SENATE TALLAHASSEE W. RANDOLPH HODGES PRESIDENT JOHN RAWLS PRESIDENT PRO-TEM ROBT. W. DAVIS SECRETARY LeROY ADKISON SERGEANT-AT-ARMS BERNARD PARRISH SENATOR, 37TH DISTRICT P.O. BOX L TITUSVILLE, FLORIDA COMMITTEES CITRUS FRUITS, CHAIRMAN MEMBER OF COUNTY ORGANIZATIONS, VICE CHAIRMAN AGRICULTURE, OIL AND NATURAL RESOURCES APPROPRIATIONS JUDICIARY "B" LEGISLATIVE MANAGEMENT AND POPULATION MISCELLANEOUS LEGISLATION TRANSPORTATION AND HIGHWAY SAFETY April 6, 1963 Dear Mayor Jamieson: Please explain why the new charter of your city should contain a referandum clause. The procedure that Representative Pruitt and I followed was exactly the same as that used in the case of several other cities in this county at the 1961 Session. You will recall that we met and discussed this proposed charter at great length with your board several weeks ago in Cocoa Beach. A rough draft was made and Mr. Pruitt went over it with some of your people at a later date and at a meeting I could not attend. You made some changes after discussing the document with him and then had the charter put in bill form by one of Florida's leading attorneys. In Tallahassee I talked with the delegation from Canaveral and asked them several questions. I also talked with Mr. John Baker, your attorney, who was there as regards other legislation. Everything was exactly as it should have been. Your charter is a very fine one. It provides for safeguards for property owners while allowing you to build a good city in a logical manner. It passed, I was assured, by a 5-0 vote of your council. There is no reason for a referandum,things being as they are. Eau Gallie, Palm Bay, Melbourne, and Titusville have recently gone through this same procedure. If there is a differance of opinion in your council you must resolve it among yourselves. It is not a part of your Legislative Delegates respoinsibilities to conduct a hearing at this late date. We have done that, the bill was advertised more than thirty drys ago and has now passed both the. House and Senate. I had no notice that anyone .objected until six minutes before roll call in the Senate. MICROFILMED 3-31-80 May I respectfully submit that six minutes notice is a bit unfair after two months deliberation? The proper thing for you to do is to call a meeting of the City Council and bring this thing to public attention if there are grounds to indicate anything is out of the ordinary. Discuss the matter and make a decision. Then send me a certified copy of the action taken by the council. If your council makes the request by formal action I will recall the bill from the Governor's Office and make whatever changes are felt necessary. Sincerely, Bernard Parrish Senator Dist. 37 Tallahassee, Florida. P. S. Since. a copy of your telegram was given to the Cocoa Tribune I am sending them a copy of my reply. Also a copy to Councilman Alfred D. Anderson. MICROFILMED 3-31-80 BAKER, BAKER & SMITH ATTORNEYS AND COUNSELORS AT LAW GArden 2-7174 - 2-7175 March 1, 1963 JOHN G. BAKER OVERSTREET BUILDING JOHN ALDEN BAKER 63 EAST PINE STREET LARRY G. SMITH POST OFFICE BOX 1171 JOSEPH P. BAKER ORLANDO, FLORIDA Mr . George G. Rogers 8491 North Atlantic Cocoa Beach, Florida Dear George : We are enclosing a copy of page 18 of the proposed Charter of the City of Cape Canaveral which was inadvertently omitted from our last letter to you including all of the amended sections of the Code as agreed upon by the City Council. The copies being submitted to Mr . Pruitt contained this corrected page 18. It is our understanding that Mr . Pruitt does not necessarily require any resolutions concerning the acceptance of this proposed Charter by the City of Cape Canaveral, and therefore, it will be unnecessary to prepare such a document for your use . He apparently has been advised that the Charter we are presenting to him is the one proposed by the City Council. Yours very truly, [signature] John A. Baker JAB:ar Enc . MICROFILMED 3-31-80 BAKER, BAKER & SMITH ATTORNEYS AND COUNSELORS AT LAW GArden 2-7174 - 2-7175 February 21, 1963 JOHN G. BAKER OVER.STREET BUILDING JOHN ALDEN BAKER 63 EAST PINE STREET LARRY G. SMITH POST OFFICE BOX 1171 JOSEPH P. BAKER ORLANDO. FLORIDA Mr. George Rogers President City Council 8491 North Atlantic Cocoa Beach, Florida Re: Cape Canaveral Charter Dear Mr. Rogers: We are enclosing the corrected pages of the proposed City Charter which include the various amendments agreed upon by the City Council at its meeting with us on February 16. With these corrections the Charter is now in legal form as unanimously approved by your City Council and we are making arrange- ments to deliver the same to your legislative delegation as requested by Council last Saturday. Since this concludes the basic work for which we were retained, we are enclosing our statement for the bal- ance of fees due . I trust that pursuant to our conversation last week you have contacted Mr. Pruitt relative to our presenting this Charter to him and that no specific document is required. We will also prepare a Notice of Intention to Introduce Local Legislation to be forwarded to a newspaper in Brevard County. Mr. Collins called last night relative to a special meeting for next Wednesday and suggested that a copy of this Charter be made available to the Council. It would appear to us that if any good is to come from a Council meeting concerning this Charter, that a copy of the Charter should be available to the residents some time well in advance of any meeting. This is, of course, a decision for the Council to make and we await the instructions of the Council as at our meeting last Saturday we understood that the Council did not desire to hold any such meeting this soon. We trust that everything is in order and hope to hear from you soon as to the desires of the Council relative to any public presentation of this Charter at this time Very truly yours, [signature] John A. Baker JAB/mm Enclosures CITY OF CAPE CANAVERAL FLORIDA MICROFILMED 3-31-80 INCORP. 1962 COUNCILMEN MAYOR GEORGE G. ROGERS R. A. JAMIESON WM. EBERWEIN CITY CLERK C. F. APPLEGATE SHIRLEY S. JENKINS A. D. ANDERSON LEO B. COLLINS CITY MARSHAL ROY STATON TO: City Clerk FROM: Council SUBJECT: Proposed Charter of the City of Cape Canaveral The proposed subject charter will be displayed to the public at City Hall, but will not be reproduced or allowed to be taken from the City Hall . George G. Roger [signature] Wm. Eberwein [signature] C . F. Applegate [signature] A. D. Anderson [signature] Leo B. Collins 5-1 MICROFILMED 3-31-80 THE FLORIDA SENATE TALLAHASSEE W. RANDOLPH HODGES PRESIDENT JOHN RAWLS PRESIDENT PRO-TEM ROBT. W. DAVIS SECRETARY LeROY ADKISON SERGEANT-AT-ARMS BERNARD PARRISH SENATOR, 37TH DISTRICT P.O. BOX L TITUSVILLE, FLORIDA COMMITTEES CITRUS FRUITS, CHAIRMAN MEMBER OF COUNTY ORGANIZATIONS, VICE CHAIRMAN AGRICULTURE, OIL AND NATURAL RESOURCES APPROPRIATIONS JUDICIARY "B" LEGISLATIVE MANAGEMENT AND POPULATION MISCELLANEOUS LEGISLATION TRANSPORTATION AND HIGHWAY SAFETY January 8, 1963 City of Cape Canaveral Cape Canaveral, Florida Gentlemen: The first hearing for local bills to be presented at the 1963 session of the Florida Legislature will be held in the branch court house in Cocoa, beginning at 1:30 P. M. , on Wednesday, the 23rd of this month. We hope that the Cape Canaveral City Council will be prepared at that time to present their requests. Sincerely, [signature] Bernard Parrish James H. Pruitt Senator, 37th District Brevard County Representative BP:at MICROFILMED 3-31-80 STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL TALLAHASSEE RICHARD W. ERVIN ATTORNEY GENERAL November 14, 1962 Honorable George Ritchie City Attorney, Cape Canaveral 20 Bellair Arcade Cocoa, Florida Re: Discretion of charter board in presenting charter. Dear Mr. Ritchie: This is in response to your recent letter wherein you submit a copy of an opinion previously rendered by you to the city council of Cape Canaveral and ask if this office concurs in your conclusion that it is not mandatory for a charter board to present a city charter under the provisions of Section 166.09, Florida Statutes. Section 166.09, Florida Statutes, provides in part: "The charter board . . . shall consider a new charter . . . and shall draft such charter . . . as they may deem proper, . . . " (Emphasis supplied) The underscored words in the above quoted statutory provision appear to vest discretionary authority in the charter board and thus it would appear that it is not mandatory for the charter board to present a charter if after their consideration of the matter they did not deem it proper or necessary to do so„ In an instance such as that described in your letter and over the telephone to my Assistant Wilson W. Wright, it would appear that this would result in a practical application of the law where the charter board thought it mace appropriate to seek a charter by way of special legislation and I am inclined toward the position that such a decision to refrain from presenting a charter would come within the discretionary authority of the charter board. MICROFILED 3-31-80 Honorable George Ritchie Page 2 Accordingly, I agree with the conclusion reached in your opinion presented to the City Council of Cape Canaveral in your letter of November 6 wherein you advised that it was not mandatory for the charter board to present the charter under the terms of Section 166.09, Florida Statutes. In closing let me say that I appreciate your analyzing. the situa- tion before presenting the question to this office and thank you for giving me the benefit of your research which was contained in your opinion attached to your request. Sincerely, [signature] Richard W. Ervin Attorney General RWE/wwws MICROFILMED 5-1 3-31-80 BAKER, BAKER & SMITH ATTORNEYS AND COUNSELORS AT LAW GArden 2-7174 - 2-7175 JOHN G. BAKER November 13, 1962 OVERSTREET BUILDING JOHN ALDEN BAKER 63 EAST PINE STREET LARRY G. SMITH POST OFFICE BOX 1171 JOSEPH P. BAKER ORLANDO, FLORIDA Mr. C. F . Applegate Cape Canaveral, Florida Re : Special Act Incorporating City. Dear Mr. Applegate : In reply to your inquiry relating to charges of this firm for preparation of a Special Act to be presented to the 1963 legislature establishing the City of Cape Can- averal under a Special Charter Act, you are advised our fee for preparation of the Act will be $1, 500.00. This would include three conferences with your city representatives to go over provisions of the Act. If a greater number of conferences are required our charges would be increased. In the event we are to pilot the Act through the legislature our charge would be an additional $500.00. Very truly yours, John G. Baker JGB/mm 14 MICROFILMED 3-31-80 JOE A. COWART, .J R. ATTORNEY AT LAW 20 BELLAIR ARCADE COCOA, FLORIDA GEORGE RITCHIE November 6, 1962 TELEPHONE NEWTON 6-2659 Honorable George G. Rogers President of the City Council City of Cape Canaveral LEGAL OPINION Cape Canaveral, Florida Dear Mr. Rogers: The undersigned, as City Attorney, has been re- quested to give an opinion as to the following question: Regarding the duty as placed upon the Charter Board under Florida Statute 166.09, is it mandatory that this Charter Board present to the City a Charter in conformance with Chapter 166 of Florida Statutes? In conformance with this request, the following is given. After an extensive search of Florida case law, and by reading the other applicable statutes, your City Attorney has been forced to construe Statute 166.09 specifically. There is no case law under this chapter that would indicate a proper answer to this question; therefore, this strict interpretation of Statute 166.09 would indicate to your City Attorney that: the use of the word "consider" would indicate that this Charter Board was to fully consider this problem of a charter and make determinations thereon; that the section "as they may deem proper" would indicate that the Charter Board would have discretion as to if they "consider" a charter proper and in the best interest of the City or not. It would be reasonable to assume in light of this Statute 166.09 that the Charter Board could determine that no charter is necessary, and as a result of their considered opinion that they deem a new charter not proper at this time. If it is the opinion of the majority of the members of the Charter Board that no charter is to be drafted, then this MICROFILMED 3-31-80 -2- finding should be approved by the majority of the members of said board within 90 days after their election as specified in Statute 166.09. As a result of the aforementioned research, it is the opinion of your City Attorney that the question as propounded to him should be answered in the negative. This question, because of the lack of any cases determining or explaining this statute, is of such a nature that this opinion in fact would be legislative in character; therefore, I have requested this question to be answered by the Attorney General in Tallahassee, Florida, to verify or alter this opinion. It is therefore requested that this legal opinion be held in abeyance until final determination is made by the Attorney General. Respectfully submitted, [signature] George Ritchie City Attorney for Cape Canaveral 20 Bellair Arcade Cocoa, Florida GR/mm 5-1 MICROFILMED 3-31-80 4 November 1962 From; The Charter Board City of Cape Canaveral Florida To; Whom It May Concern. Subj; Resignation During the three months immediatly preceeding this date and subsequent to the election of the Charter Board of the City of Cape Canaveral a great deal of time and effort on the part of those elected to the said board has been expended. It is difficult to imagine five men working together in such accord to prepare a document which they sincerely believed to be a major attempt to improve the status of a new city. The group determined at the outset of their meeting of the obligation placed on them by the electors of the City to, (1) Provide a charter which would place the control of the city government with the people, (2) Provide a document insuring the rights of all rather than a few, and (3) Provide an example of the benefits to be derived from harmonious effort. As the time allowed for the accomplishment of their goal progressed, certain factors not previously recognized, but of extreme legal importance, became know. The first of these facts was that the method of preparing a Charter which is set forth in Chapter #166 of the Florida Statues does not allow the taking of any rights or privileges by this municipality which are not granted by the Florida Statues with the exception of those specified powers granted in Section 166 01 of the referenced Chapter. With this knowledge and based on comments attained from the office of the Attorney General of the State of Florida, the Board decided their only course of action would be to prepare a proposed Charter and a proposed Special Act. The first of these would be prepared and filed in the manner provided by Chapter 166 of the Florida Statues. This Charter would be the basis of the operation of the government and would take all powers and liberties which it would competent for such a Charter to extend . These powers and privileges would include the formation of such committees and departments as were deemed necessary for the beterment of the City, alter the manner in which the powers of the City would be exercised, and provide for the manner and time of the election and/or appointment of officials of the City Government. Such powers and rights not attainable through the Charter but which would better the operation of the government were planned for the Special Act. The Special Act would be presented to the next session of the Legislature for passage and subsequent adoption by the voters of the City. MICROFILMED 3-31-80 In view of the fact that any Charter which might be put into effect prior to the meeting of the next Legislature would contain no powers other than those now available to the City Government, it is felt that further action on the part of this Board would be a pointless endeavour. Further the pursuance of this course would do little but incur a greatercdebt on the part of the City. The completed proposed Special Act recommended by this Board will be made available to the proper authorities in due course. In view of the forgoing circumstances we, the undersigned members of the Charter Board of the City of Cape Canaveral do hereby submit our resignation to be effective on the date of this writing. Respectfully submitted, [signature] William R. King, Chairman [signature] C. F. Cook [signature] Richard Thurm [signature] Eugene Jandreau [signature] William Greaney MICROFILMED 3-31-80 5/28/62 Dear friends and fellow citizens: I have had this prepared for three weeks, and have tried to get to the discussion meetings; however, I have been unable to attend the meetings as I had hoped. I will still try to get to the meeting to- morrow night, but in any case, I feel these items to be note worthy. Thanking you very much, I am, Yours most truly [signature] Mrs. Gilbert Carver (Ruth M. Carver) File [illegible] 7-3-62 MICROFILMED 3-313-80 (Approximate Expressive Reading Time - 5 Minutes) From: Mrs. Gilbert Carver, 7625 N. Altantic Ave., Cocoa Beach, Florida To: Mr. R.A. Jamieson, Mr. Leo Collins, Previously selected group who would represent the area, and all fellow registered free holders and residents in the area proposed, to be incorporated into: The Town of Cape Canaveral, Florida. Hay I present for discussion , the following questions and statements? First, may I say that I am most appreciative of all that has been done so generously and effectively by those acting to represent our area, with honest intent that the largest number of people will eventually be benefited. We thank you. Please bear with me in my bringing up of any matter already discussed, since I have been unable to attend many of the discussion meetings, as well as the "official" ones. Speaking of being unable to attend meetings, how may I obtain, at my expense, copies of , or, access to for making copies of, the minutes of each official meeting) held? I- I have been asked by non-free holder residents how they may get their Registration Fee money returned to them, since the voting was not held as planned, on May 1st. 2- Since several means of obtaining operating revenue for the Town have been listed, noting that they were the kind that all incorporated areas are entitled to, may I ask: A- What other suggestions for means of obtaining revenue are being, or, are likely to be, considered, as soon as incorporation has been unquestionably established? B-How will town officials base their rate of charges to area located businesses, and all other indivuals or companies engaging in profit making sales or services within the incorporated area, in order that charges be fair and equitable ? C- Will presently established businesses, or residents, be given any precedence or consideration over those later becoming part of our area ? D-As follow-up to the second, ( B-) question: How will individual residents, working or in business in other than within the incorpor- ated area of the Town of Cape Canaveral be contributing comparably to town revenue, with those doing business within the incorporated town area ? E-How soon can Town financed garbage pickup, and other normally expected municipality financed services be expected to become a reality to residents ? As pertaining to No.6 of "Why Have Our Own Town" part of literature recently mailed out -----Agreed-----There is undeveloped LAND, DRY OR MARSH LAND, within the area, and there fore there would be NO reason to build up land, other than the now partially dry lands for ANY TYPE CONSTRUCTION,particularly if it be done by such means as Dredging, which would spoil natural water boundries and cause pollution of now existing clean waters, from silt and other undesired contents / MICROFILMED 3-31-80 With the Volunteer Fire Departmentent and equipment in operation, will not that be sufficient to reduce fire insurance rates, or, does incorporation in itsself assure this reduction, regardless, or give added benefit to having a Fire Department nearby ? If,As stated in the No. 8 article of "Why Have Our Own Town"this would be fully carried out, therewill be choices to be made other than just banning types of businesses listed on front of the whole docu- ment, (of which this is a part) where "health, safety and general welfare" of ALL citizens will be considered, for certainly, "General Welfare" would include,proper environment to produce best morals, in a community, and fair equitable and reasonable approaches to all issues, with respect to our Freedoms, as well as our responsibilities. Hay I here with state, I feel that many people fear unfair taxes LESS than they fear UNFAIR PRESSURING, where there is little to be gain- ed personally as compensation for contributions of their Time, Effort and Means. A last question: How Will the voting of the reaffirmation for the incorporation of the Town be done ??? By standup vote only-- or by proper procedure of written vote, whereby true record may be kept for posterity, and would be unquestionable / ? Both would be fine, and quite acceptable, but not the standing vote without a written vote // In conclusion, May I suggest, that no one should have any objection to asking God 's guidance in any matter. May the next "Official" meeting for the purpose of voting for the incorporation of our area, or any other such serious business, (which will affect so many, in so many ways, ) PLEASE begin with an invocation prayer ? Thanking you for your patience through this necessarily lengthy presentation, I am, yours truly, Fellow citizen [signature] Mrs. Gilbert Carver MICROFILMED 3-31-80 On May 8, 1962, the community [elected] 7 people who are advocating the incorporation of The Town of Cape Canaveral [illegible] at the Cocoa Palms Trailer Park and selected as Their Chairman, R.A. Jamieson and as co-chairman Leo Collins. The remaining members of The incorporation committee are Mr. & Mrs. Conrad Beaulieu, Mr. & Mrs B.B.Purcell, Mrs. Ann [illegible], Mrs. Shirley Lackner, Mrs. Elizabeth Holmes, Mrs. Ellen Tucker, Mr. Ernie Hoelperl, Mr. & Mrs. Kenneth Taylor, Mr. & Mrs. Charles & Johns[cutoff] Mr. Jom Valtere, Mr. Gene Jandreau, Mr. Cecil Phelps, Mr. & Mrs. R.R. Littler, Mr. G. J. Salvaggio, Mr. Jom Donahue, Mr & Mrs. A. D. Anderson, Mr. Don Clayton, Mr. Bill Eberwein, Mr. & Mrs. C. T. Applegate, Mr. & Mrs. George Pagers, and Mr. William E. Greaney, J[cutoff] The purpose of this committee is to organize and disseminate information regarding the incorporation of The Town of Cape Canaveral. Any interested people who reside within the intended limits of The Town of Cape Canaveral may contact The Incorporation committee members for information and are requested to attend the weekly meetings held each Tuesday at 7:30 PM at the Cocoa Palms Trailer Park recreation hall. MICROFILMED 3-31-80 Live in area Registered votes in County Own property in area. MICROFILMED 3-31-80 E. Helper $10.00 [illegible] Taylor $50.00 C. Applegate $50.00 Mr. Nagy $10.00 Mr. Lackner $10.00 Mr. Phelps $25.00 Mr. Johns $25.00 Mr. & Mrs. Littler $10.00 Mr. Purcell $25.00 Mr. Anderson $50.00 Mr. Eberwein $50.00 Don Clayton $50.00 Mr. Walter $25.00 G. Jandreau $25.00 E. Holmes $25.00 R. Moneter $25.00 E. Tucker $25.00 MICROFILMED 3-31-80 Estimated for 1962 10ct. Bldg Permits $3,000 how exceeded by square foot one, License $3,000 lst 7mon 3,000 F.P.L. 30 yr new increase in mate 6% of gross rev. Past year $6,800 need something now or toy or bend can borrow, no lien or prop; up to 15 times this Cigarette - passes ordinance to adopt [illegible] & Tallahassee plus list of businesses who sells them. 484/carton is returned to City averaging 700/mo Road+bridge fund portion of Co Taxes 2 & 1/2 miles take 1/2 in cash or accept services. 3 times as much by letting co do y y they will. Garbage franchise 12 & 1/2 90 return to $1200/year. municipality Keep maps, etc. for purchase, [illegible] cost. Police directory one for each family expense nothing to town $275-300 Telephone & free phone for City Hall Maximum 10% utility tax on lights, & [illegible] 589 homes 1150 notes: MICROFILMED 3-31-80 Next What cast suspension ??????? name boundary seal adding machine time involved How to stop Jank Farm? tell about May 30th [illegible] Titusville 4-6 line of water 85,000 showed be 5,000 a year back in area on roads Space museum for income No Ad Valorem Taxes until this year 4mils Police Civic Center Boy scouts Fire Street Lights [illegible] Club 80 to 1900 in 5 years 2 Churches Good Town Clerk MICROFILMED 3-31-80 1800+1200+384=3,384 150/mo Town Clerk 100/mo Caretaker 32/mo Cleaning Woman 12/64 maps 32/384 Councilman are in with comn. under him. 9,000 police & his car 4,574 fire dept. 25/mo = direct telephone to Eau Gallie line for fine 925 = public safety, street signs 1240 = zoning Set [illegible] no con. or mayor can ever be paid Public Works 16,700 Rec. 4,094 Civil Def. 1,118 Total $45,095 All milage will be earmarked for police & fire dept Fire Truck from Civil Defense - Sorry Trick 12 men on planning board - two monthly meetings Trying to solve problems before they happen. 3 270 180 Get seal from Brevard Print. [an informal sketch of a section of an unknown building]