HomeMy WebLinkAboutCharter[3 sticky notes & 1 annotation]
Annotation: The inside of the folder containing these documents states "I am 99.9% sure this has been proofed [illiegible signature]". which was crossed out; it also states "Needs to be proofed.", which is underlined, and not crossed out.
Sticky Note #1: We will probably need to repage to adjust top & botom margins to get it to be consistent with other pages
Sticky Note #2: Lets do this last
Sticky Note #3: Charter Make changes from Nov 89 Codification
CAPE CANAVERAL CHARTER
HOUSE BILL NO. 167
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 PRIVILEDGES;
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
ENFORCEMENT 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 PROPERTIES AND ALL POWERS HELD OR
OWNED 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 OF
FLORIDA:
ARTICLE I
Sec . 1 The present municipal corporation of the
City of Cape Canaveral in Brevard County, Florida, is
hereby abolished.
Sec . 2 Incorporation City of Cape Canaveral. That
a municipal corporation under and by the name of the
City of Cape Canaveral is hereby created, organized and
established in the County of Brevard and the State of
Florida , which said City shall embrace, include and
have jurisdiction over all that territory in Brevard
County, Florida, described as follows:
The tract of land situated in Section 14 ,
15, 22, 23, 26 and 27 of Township 24 South ,
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 estab-
lished ship channel in the Banana River ,
CAPE CANAVERAL CHARTER
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 Palm Avenue ( SR No . 401 ) approximately
2 , 440 feet to a point in the middle of
Block 73 , in the Avon-By-The-Sea subidivi-
sion 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 , 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 shoreline 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.
Sec . 3 Sovereignty. That said corporation shall
have perpetual succession and by the name of the City
may sue, be sued and defend, plead and be impleaded in
*Additionally lots 13 through 20 inclusive , Banana
River Estates as recorded in Plat Book 10 , page 1 , of
Brevard County Public Records. [Resolution No. 73-48 ]
CAPE CANAVERAL CHARTER
all courts and places and in all matters and
proceedings; may have and use a common seal , and alter
the same at pleasure ; may acquire 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
accordance with the terms of said trust; may use any of
said real property , whether within or without the
territorial limits of said municipality for parks ,
playgrounds , roads , disposal plants , waterworks ,
electric light plants , ice plants, gas plants, and the
erection , maintenance 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 buildings , bridges , works and
construction for all other purposes that said
municipality, through its proper authorities , may deem
necessary or proper for the welfare of said
municipality, of the inhabitants thereof , and may
exercise all other powers herein conferred.
Sec . 4 Form of Government . The municipal govern-
ment provided by this act shall be a Mayor-Council
Government . Subject to the limitations 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 exer-
cised 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.
Sec . 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.
CAPE CANAVERAL CHARTER
The present councilmen or their successors shall
continue in office until the first election of council-
men 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 three candidates , respect-
fully, receiving the highest number of votes, shall be
deemed elected. Such other offices as may exist at
this time shall be abolished unless authorized by the
provisions of this act . Commencing with the general
city election held in 1971, two councilmen shall be
elected for a period of three ( 3 ) years ; commencing
with the general city election in 1972, two 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. [Amended by General Election, June 2,
1970]
ARTICLE II
GENERAL POWERS
Sec . 1 Extension of General Powers. The City shall
have the powers , functions and immunities granted to
municipal corporations by the Constitution and the
general laws of the State of Florida, as now or here-
after existing together with the implied powers neces-
sary 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 appro-
priate to the exercise of such powers , it is intended
that the City shall have and exercise all powers author-
ized by general laws of Florida which it would be compe-
tent for this act to specifically enumerate. The
following are among the powers of this City, subject to
the limitations hereinafter expressed:
CAPE CANAVERAL CHARTER
1 . To purchase, lease, receive and hold prop-
erty, real , personal and mixed , both within and
without its corporate limits, and to lease, sell or
otherwise dispose 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
domain 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 municipal-
ity in the manner provided by the general laws of
the state and by this act;
6 . To declare that any territory embraced within
the corporate limits of the City shall be a bird
sactuary;
7 . To construct, regulate, improve and maintain
canals, rivers and other waterways , and to control
the development and use of such natural or artifi-
cial streams or bodies of water inside its corporate
limits, oroutside its corporate limits where neces-
sary 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
CAPE CANAVERAL CHARTER
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 bach for businesses , occupations or profes-
sions. The use of the ocean beach for public recrea-
tional 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 sub-
merged 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 the 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,
public , corporate or proprietary purpose , and to
contract debts, and to make and issue bonds, certifi-
cates of indebtedness, notes, and other evidences of
indebtedness , provided that the procedure therefor
shall be in conformity with this act and the Consti-
tution 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 direct or through boards or
other nonprofit corporations or organizations
established for such purposes;
15. To invest the surplus funds of the City;
16 . To open , extend, close, vacate, abandon ,
construct , pave , operate , improve , repair and
maintain streets, roads , alleys, sidewalks, promen-
ades, boardwalks, bridges, parking areas and facili-
ties and public thoroughfares of all kinds and
descriptions and to regulate and control the use ,
encroachments in , upon , over and under , and the
obstruction thereof;
CAPE CANAVERAL CHARTER
17 . To regulate, control or prohibit the use of
the City streets , or any part of the same, for the
location of electric , telephone or telegraph , or
other poles 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 wihtin the City;
19 . To own, lease, operate, construct, maintain,
regulate and improve hospitals , libraries , indus-
trial parks , parking lots , parks , playgrounds ,
airports , golf courses , marinas , piers , wharves ,
swimming pools , bathing beaches, stadiums, auditor-
iums , civic centers , aquariums , museums , recrea-
tional 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 struc-
tures , the percentage of any lot that may be occu-
pied, 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 , 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 or districts , and to provide the manner for
making changes and amendments thereto ; the said
power either to be exercised under the general
municipal zoning law of the State of Florida , or
under this power without reference to or control by
said general law;
CAPE CANAVERAL CHARTER
22 . To regulate, restrain, and prevent the estab-
lishment of all manufactories , businesses , occupa-
tions, or residences of a nature tending to increase
or 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 pollu-
tion 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 materials of which the same are constructed, and
to regulate and designate the location of motor
vehicle service stations;
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 discretion 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 al 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 , assessing 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;
CAPE CANAVERAL CHARTER
28 . To provide for reclaiming lands, by filling
in the same, by dredging, ditching, draining and
canals , by building sea walls and other walls neces-
sary, and to do and perform all those acs and things
necessary to the general welfare and public improve-
ments 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 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 landfills or
other means of garbage and trash disposal within or
without the coporate 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 jurisdic-
tion or regulatory authority of the Florida Railroad
and Public Utilities Commission or other agency of
the State of Florida;
CAPE CANAVERAL CHARTER
37. To grant franchises of all kinds and descrip-
tions and to regulate the exercise thereof;
38 . To proviee police, fire, lifeguard, building
inspection and similar protection and services ,
including support and assistance to a volunteer fire
department;
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 outside its corporate limits;
40 . To exercise all police powers granted to
municipalities 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 to maintain and preserve the public
health, peace, safety and welfare, including ordin-
ances regulating the keeping of domestic and other
animals within its corporate 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 exhibi-
tion show, circus , parade or amusement contrary to
good morals and to prohibit and suppress the distrib-
ution , sale or possession of obscene pictures and
literature;
42 . To provide for the arrest, imprisonment, and
punishment of vagrants, rioters and disorderly per-
sons, breakers of the peace and assemblies of per-
sons 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, explosive or inflammable material;
CAPE CANAVERAL CHARTER
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 repair 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 applica-
tions for building permits for all buildings and
electrical, gas or plumbing installations , 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 examination
and inspection of such persons and their work;
48 . To provide hospitalization and other insur-
ance for any of its officers and employees , andto
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
taxation under the laws of the State of Florida as
herein provided , such sums of money as may be
required for municipal purposes , including the
payment of the principal and interest of any indebt-
edness 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;
CAPE CANAVERAL CHARTER
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;
provided, however, that the valuation so made by the
City for municipal taxation shall be just and have a
fair relation 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 , inlcuding the
manner provided elsewhere in this act, and if no
interest rate is specified herein the liens shall
bear interest at the rate of six ( 6 ) percent per
year;
54 . To impose, levy and collect excise taxes on
any admissions to places of amusement or athletic
contests , 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 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 beverages may be sold, with the
power to select and establish 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 consumption
on the premises or sold in containers for
consumption 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 specifically so
provided by law;
CAPE CANAVERAL CHARTER
57 . To license , regulate , limit, franchise,
register and control taxis, buses and other means of
public transportation operated within the City; to
control and register the drivers thereof , to fix the
rates to be charged for the carriage of persons or
baggage within 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 taxation 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, bicycles,
scooters and vehicles and conveyances of any kind
whatsoever , and to license, tax, regulate and cause
the driver 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 regula-
tions for the purpose of exercising the foregoing
powers and to do all other acts and perform all
other functions reasonably required for the protec-
tion of the public welfare, and the rights and privi-
leges of the inhabitants of said City.
ARTICLE III
ELECTED OFFICERS, QUALIFICATIONS AND TERMS
CAPE CANAVERAL CHARTER
Sec . 1 Qualifications of Mayor and Councilmen. The
Mayor and members of the City Council shall be resi-
dents 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
involving 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 percent 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.
Sec . 2 Appointed Officers. The City Council shall
have the power to appoint , employ and remove from
office such officers and employees of the City as the
City Council shall deem necessary 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. [Amended by General Election ,
8 Nov 83 ]
Sec . 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 compensation , 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 thereafter at two-year
intervals at least sixty ( 60 ) days , but not more than
ninety ( 90 ) days , preceding the General 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 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 hundred dollars per year thereafter.
CAPE CANAVERAL CHARTER
Sec . 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 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 qualifica-
tion . 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 quali-
fied. 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 appoint-
ments 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 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. [Amended by General Election, June 2 , 1970 and
General Election, November 2, 1982 ]
ARTICLE IV
THE MAYOR, POWERS AND DUTIES
Sec . 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 representative 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 vote on
issues coming before the 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. [Amended by General Election, June 2 , 1970]
CAPE CANAVERAL CHARTER
Sec . 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.
Sec . 3 Election of Mayor . The office of Mayor
shall be elected commencing with the General City
Election in 1971 , and the candidate receiving the
highest number of votes shall serve for a period of two
( 2 ) years ; commencing the 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. [Added by General Election,
June 2, 1970]
ARTICLE V
THE CITY COUNCIL, ORGANIZATION AND POWERS
Sec . 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.
Sec . 2 Rules of Procedure. The City Council may
enact its own rules of procedure, may prescribe penal-
ties for the nonattendance and misconduct of its
members and enforce the same, may compel the attendance
of members and , on a four-fifths vote, may expel a
member for misconduct in office or neglect of duty .
Misconduct shall include the acceptance of gifts ,
gratuities or service intended to influence a member ' s
consideration , vote or action upon any official
business of the City. [Amended by General Election,
June 2, 1970]
Sec . 3 Quorum. A majority of all members of the
City Council shall constitute a quorum to transact
business.
Sec . 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 the General
City Election in 1971, the City Council shall annually
CAPE CANAVERAL CHARTER
elect from its membership a Mayor Pro Tem, who shall
act as the Mayor in the Mayor ' s absence . [Amended by
General Election, June 2 , 1970]
ARTICLE VI
CITY MANAGER
Sec . 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 effective administration of all
departments of the City. He shall be chosen on the
basis of his executive and administrative qualifica-
tions . He may or may not be a resident 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 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
Sec . 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 its 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.
Sec . 2 Duties. The City Attorney shall prepare all
contracts , bonds and other instruments in writing in
which the municipality is concerned, or shall endorse
on each his approval of the form, language and execu-
tion thereof ; and no contract with the municipality
shall be binding upon the municipality until the City
Attorney has examined said contract. When required by
CAPE CANAVERAL CHARTER
the Council, he shall be the prosecutor in the Munici-
pal Court, and when required by the Council , he shall
prosecute and defend, for and in behalf of the City,
all complaints , 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 his act , or such as are prescribed for
City Attorneys under the general laws of this state,
not inconsistent with this Charter.
Sec . 3 Compensation. The City Council may, from
time to time, by resolution, fix the regular compensa-
tion of the City Attorney at a sum commensurate with
the duties which may be imposed upon him by this act
and by the Council , provided 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
Sec . 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 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 required by ordinance, or
shall be required by the City Manager from time to time.
[Amended by General Election 8 Nov 83 ]
ARTICLE IX
CITY TAX ASSESSOR
Sec . 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
CAPE CANAVERAL CHARTER
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.
Sec . 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 inquiry all taxable property,
real and personal, railroads , 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 improvements thereon, and shall fix the valuation
of the same, and shall require the owner or owners of
personal property to return the same and fix the valua-
tion thereof . In case the owner or owners of any
personal property shall neglect or refuse to return the
same and fix the valuation thereof , the tax assessor
shall place a value thereon to the best of his know-
ledge , 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.
Sec . 3 Appraisers . The City may employ, by con-
tract 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 provided by this Act.
ARTICLE X
CITY TAX COLLECTOR
Sec . 1 Appointment and Duties . The City Council
shall appoint a City Tax Collector . It shall be the
duty of the City Tax Collector to collect 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 collect all license
taxes on all trades , professions , occupations and
CAPE CANAVERAL CHARTER
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 on 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
Sec . 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 separ-
ate . 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 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 ordinance of the
City Council . He shall perform such other duties as
the City Manager , from time to time, shall require of
him. [Amended by General Election, 8 Nov 83 ]
ARTICLE XII
MUNICIPAL COURT
Sec . 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 Coun-
cil, and the said court is hereby established, which
CAPE CANAVERAL CHARTER
court shall have jurisdiction to try the violation of
all ordinances of the City, and to inflict such penal-
ties 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.
Sec . 2 Duties and Powers of the Judge. The Munici-
pal Judge shall have the power by his warrants to have
brought before him any person or persons charged with
the violation of City ordinances, and shall have exclu-
sive original jurisdiction over all proceedings 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 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 Municipal
Court by the Municipal Judge and to make proper return
upon the same 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 truth 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 unusual to the due enforce-
ment of such City ordinances . The Municipal Judge is
hereby granted the authority and shall have the power
to issue search warrants to run throughout the terri-
tory 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, except that the violation
of a municipal ordinance shall be treated as a mis-
demeanor is treated under the general law in determin-
ing probable cause for issuance of said search warrant.
Sec . 3 Payment of Fines . 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 committed to jail at such place as
directed by the court.
CAPE CANAVERAL CHARTER
Sec . 4 Clerk of Court . The City Clerk, or his
deputy, of the City of Cape Canaveral , shall be the
Clerk of the said Municipal Court.
Sec . 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 convic-
tion 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 should 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 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.
Sec . 6 Arrest and Confinement . 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.
Sec . 7 Taking of Bond. The Municipal Judge or the
Clerk of the Municipal Court or such deputies as desig-
nated by the City Council, shall have authority to take
from persons so arrested, a bond or other security for
appearance before the Municipal Court, but no such bond
or security shall be for less than five dollars nor
more than five hundred dollars.
CAPE CANAVERAL CHARTER
Sec . 8 Forfeiture of Bond . In all cases where
accused persons have been released 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 may, at his discretion , issue
a capias for the rearrest of the accused person.
Sec . 9 Disposition of Fines . The Municipal Court
shall have authority to preserve 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, and shall be paid to the City Treasurer on the
day on which collected and receipt taken therefor. The
moneys so paid into the City Treasury may, by resolu-
tion of the City Council, be appropriated to any partic-
ular fund, and shall thereafter be used in accordance
with such resolution.
Sec . 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 consecutive
days for one offense.
Sec . 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 sentences imposed
by such court, if such suspension is made at the time
the sentence is imposed.
ARTICLE XIII
POLICE DEPARTMENT
Sec . 1 Continuance of Present Law 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
CAPE CANAVERAL CHARTER
Council and placed in operation; and such plan shall be
adopted by the City Council within ninety days follow-
ing the effective date of this act.
Sec . 2 Clarification of Titles. Such law enforce-
ment agency as shall be established under the provi-
sions of Article XIII, Section 1 , of this act shall
fulfill the duties established by this act for the
Police Department , and the Chief Law Enforcement
Officer of such agency shall perform those duties
delegated to the Chief of Police by this act.
Sec . 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
processes of the City or its authorities; to attend
Municipal Court during its sittings; to execute its
commands and to aid in the enforcement of order therein
and to perform such other duties as may be lawfully
required of him. Subject to the authority and instruc-
tions of the City Council , the Chief of Police shall
have and exercise control over the Police Department.
Sec . 4 Arrest . The Chief of Police, his deputies,
and any designated 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 presence or within his view, any offense prohib-
ited 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.
Sec . 5 Extending Police Jurisdiction. The Chief of
Police and his deputies shall have the power and author-
ity to make arrest anywhere outside the corporate
limits of the City for a violation of any City ordin-
ance 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.
Sec. 6 Traffic Summons . All police officers shall
be empowered to issue summons on traffic offenses
against all local residents or nonresidents violating
any traffic ordinance or traffic law within said
municipality.
CAPE CANAVERAL CHARTER
ARTICLE XIV
FIRE DEPARTMENT
Sec . 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.
Sec . 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 furnishing of City
fire trucks , fire fighting equipment and supplies for
any use by the Volunteer Fire Department or Depart-
ments , 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 insurance policies
covering the volunteer firemen.
Sec . 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 extinguishment of fires and the protec-
tion of life and property within the limits of the City
of Cape Canaveral , and to execute all papers and
processes of the City or its authorities relating
thereto , and to perform such other duties as may be
lawfully required tof 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
Sec . 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
CAPE CANAVERAL CHARTER
known as " Department of Public Works , City of Cape
Canaveral , Florida" . When such department shall be
created, the City Manager shall appoint a Superinten-
dent 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 :
[Amended by General Election 8 Nov 83 ]
1 . To exercise control and direct supervision
over all municipal utilities , contracts , repair of
streets and the care of parks, except those pertain-
ing to the water and sewage systems of the City of
Cape Canaveral.
2 . To see that the terms and conditions imposed
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 enforce 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 Manager , from time to time, shall require of
him. [Amended by General Election, 8 Nov 83 ]
Sec . 2 Water Department. The City Council shall
have the power to create, in the City of Cape Canav-
eral , 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 designated by the City
Council , and he shall provide surety bond in such
amount as may be required by the Council for the faith-
ful performance of his duties , which shall be as
follows:
CAPE CANAVERAL CHARTER
1 . To exercise control and direct supervision
over all of the affairs of the water system of the
City of Cape Canaveral , including the expansion,
maintenance and operation of the Water Department.
2 . He shall perform such other duties as the
City Council, from time to time, may require of him.
ARTICLE XVI
BOARDS AND AGENCIES
Sec . 1 Department of Public Health . The City
Council shall have the power to create a City Depart-
ment 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 establish the compensation of any
person so appointed.
2 . The Department shall establish rules and
regulations necessary to secure the general health
of the inhabitants of the City of Cape Canaveral, to
prevent and remove nuisances , to prevent the intro-
duction and spread of infectious and contagious
diseases into or within the City, and shall estab-
lish 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 regula-
tions 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 ,
vegetable compound, fruits , vegetables and other
foods or drugs are served or sold within the City,
and to prohibit the sale of any such drugs which are
unsafe for human consumption or use, and to provide
CAPE CANAVERAL CHARTER
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.
Sec . 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 author-
ized by this section.
Sec . 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.
Sec . 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 AND PURCHASING
Sec . 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 constitute 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.
CAPE CANAVERAL CHARTER
Sec . 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 ensuing fiscal year to the
City Council on or before the first regular meeting in
August.
Sec . 3 General Budget Requirements . The budget
document shall present a complete financial 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,
showing 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;
2 . Statements of the bonded and other indebted-
ness of the City, showing the debt reduction and
interestrequirements , 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 borrow-
ing , 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 to 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
Council may deem necessary.
Sec . 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 hearing shall be
published in a newspaper of general circulation in the
City at least one week in advance by the Clerk . A
copy of the proposed budget shall be published in a
CAPE CANAVERAL CHARTER
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 period of
not less than one week prior to such public hearing.
Sec . 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.
Sec . 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 appropriation .
The Council may transfer any unencumbered appropriation
balance or any portion thereof , from one department ,
fund or agency to another. The balance in any appropri-
ation 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.
Sec . 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 Treausrer 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 for debt
and interest charges, to such a degree as may be neces-
sary to keep expenditures within the income.
Sec . 8 Deposit of City Money and Security Required.
The Council shall designate the depository or deposi-
tories for City funds ; shall provide for the regular
deposit of all City moneys , and shall provide for the
proper security of all City deposits.
Sec . 9 Annual Audit Required. An independent audit
shall be made of all accounts of the City government at
least annually, and more frequently if deemed necessary
by the Council . Such audit shall be made by certified
public accountants experienced in municipal accounting,
and who shall have no personal interest , direct or
CAPE CANAVERAL CHARTER
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.
Sec . 10 Competitive Bidding Required. All pur-
chases and contracts for public improvements shall ,
except as specifically provided herein , be based
wherever possible on competitive bids.
1 . Formal Contract Procedure. All purchases and
public improvements , except as otherwise provided
herein when the estimated costs thereof shall exceed
$2 , 000 shall be purchased by formal written con-
tracts from the lowest responsible bidder after due
notice inviting proposals.
A . Notice Inviting Bids . Notice inviting
bids shall be published once in at least one
official newspaper with general circulation in
Brevard County, Florida, at least 5 days preced-
ing the last day set for the receipt of proposals.
The newspaper notice required shall include a
general description of the articles to be pur-
chased 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 prospec-
tive 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, invita-
tions 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 . Unsuccessful bidders shall
be entitled to return of surety where the City has
required such . A successful bidder shall forfeit
CAPE CANAVERAL CHARTER
any surety required by the City upon failure on his
part to enter into a contract within 10 days after
the award.
4 . Bid Opening Procedure. Bids shall be sub-
mitted sealed to the City and shall be identified as
bids on the envelope. Bids shall be opened at the
time and place stated in the public notice . A tabu-
lation 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;
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;
CAPE CANAVERAL CHARTER
G. the quality, availability and adaptability
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 trans-
action.
9 . Tie Bids . If all bids received 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 performance bond before
entering into a contract, in such amount as the City
shall find reasonably necessary to protect its best
interest.
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, with-
out 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 respon-
sible bidder , in accordance with the standards
set forth above.
CAPE CANAVERAL CHARTER
In the event the open market purchase sought is
less than $200. 00 , the above requirement of three
competitive bids shall not be necessary . All
above described standards will be considered
guidelines and followed as closely as possible.
[Ordinance No. 6-81, §1, 5 May 81]
B . Notice Inviting Bids . The City shall
solicit bids by ( 1 ) direct mail request to pro-
spective 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.
14 . Emergency Purchase. 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 ,
CAPE CANAVERAL CHARTER
however, that the City Manager has reasonably deter-
mined that purchases from said bidders lists are in
the best interests of the City. [ Ordinance No.
18-78, §1, 21 Nov 1978 ]
ARTICLE XVIII
REVENUE AND TAXATION
Sec . 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 int he laws of the State, and ordin-
ances and laws of the City of Cape Canaveral.
Sec . 2 Tax Year Established - Tax Notices. The tax
year of the City of Cape Canaveral shall be the calen-
dar 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 in each year, the Tax Collector
shall mail to each person owning property upon which a
tax has been levied or assessed, describing the prop-
erty 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.
Sec. 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 hereinafter pre-
scribed . 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 property 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
CAPE CANAVERAL CHARTER
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 exceeding fifteen
percent when the same is collected without suit.
Sec . 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 interest on outstand-
ing 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.
Sec . 5 City Council to Fix and Establish License
and Occupational Taxes . The City Council shall have
the power and authority to provide by ordinance for the
issuance, transfer, and expiration of licenses or occu-
pational 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 busi-
nesses for the purpose of taxation; and the classifica-
tion, definition and amounts of such licenses or taxes
shall not be dependent upon or controlled or governed
by any general state revenue law; and to fix and
provide penalties for violations of such ordinances.
Sec . 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 limitation 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 herein-
after 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
CAPE CANAVERAL CHARTER
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.
Sec . 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 publication for not less
than two issues seven days apart in a newspaper pub-
lished within the County . At such meetings , the
Council sitting as a Board of Equalization as afore-
said, shall have before it the assesment rolls 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 neces-
sary and, if advisable , to take testimony for the
purpose of determining the valuation of any property so
assessed. All persons owning property, real or per-
sonal , 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 assess-
ments; provided , that the said Board shall not be
required to remain in session for longer than three (3 )
successive days.
Sec . 8 Omitted Property May Be Back Taxed. The
Assessor , upon discovery that any real or personal
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 property shall be subject to such taxes in whoso-
ever hands it may have passed.
Sec . 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
CAPE CANAVERAL CHARTER
the Mayor and Clerk of the City Council that the same
has been revised and equalized , and thereafter the
values fixed upon the said assessment roll shall not be
changed.
ARTICLE XIX
COLLECTION OF DELINQUENT TAXES
Sec. 1 Delinquent Tax Notice to be Posted. Begin-
ning April 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 descrip-
tion 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.
Sec . 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 nonpay-
ment 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 the
sale. In such notice, it shall be plainly stated that
all real estate in the said City on which municipal
taxes are past due and unpaid will be sold in conform-
ity 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 unknown, and
shall describe the parcels to be sold and state the
amount of taxes past due and unpaid . Interested
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
CAPE CANAVERAL CHARTER
fact that the same is subject to sale for the nonpay-
ment 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
purpose of informing themselves as to whether their
real estate is subject to sale for the nonpayment of
municipal taxes , and the taxing officers of the City
shall render to such an inquiry every reasonable
assistance.
Sec . 3 Sale of Tax Liens. On the first Tuesday of
July of each year , beginning 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 evidencing such taxes and tax liens shall
bear interest from date at the rate of twelve percent
( 12% ) per annum until April first of the following
year, and eight percent ( 8% ) per annum thereafter . The
City Tax Collector shall have the right to enforce
reasonable rules and regulations concering 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.
Sec. 4 Tax Collector ' s Certificate of Sale. Imme-
diately 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 for which the
sale was made, and the name of the purchaser and shall
append to each said list a certificate 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.
Sec . 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
CAPE CANAVERAL CHARTER
Certificate describing the tax liens purchased and the
amount paid therefor. The Certificate shall be substan-
tially 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 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 situated 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 Circuit 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
CAPE CANAVERAL CHARTER
Sec . 6 Recording of Tax Sale Certificates . It
shall not be necessary for any tax sale certificate,
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 Collector shall be
all the notice of record required to be kept to
evidence the lien of such tax sale certificates.
Sec . 7 Issuance of Duplicate Tax Sale Certificate.
If application be made to the City Council for issuance
of a duplicate tax sale certificate in lieu of a
certificate 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 may 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 applic-
ant in connection with the issuance of such duplicate
certificate.
Sec . 8 Transfer of Tax Sale Certificates. All tax
sale certificates issued, whether to the City of Cape
Canaveral or individuals , shall be transferable 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.
Sec . 9 Redemption of Tax Sale Certificate. 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 hereafter certified
or sold to the City or to individuals shall be made at
the office of the City Tax Collector.
Sec . 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
CAPE CANAVERAL CHARTER
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 commenced, 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 , together 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 redemption of a tax
sale certificate, more than the amount paid the City of
Cape Canaveral for such certificate, together with
interest , cost and other legal charges . Interest on
certificates sold, whether to the City or to an individ-
ual, shall be at the rate of twelve percent ( 12% ) per
annum for the first year , and eight percent ( 8% ) per
annum for the time after the first year after the date
of sale , but not less than five percent ( 5% ) of the
face of the certificate of 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 cancellation shall be forth-
with 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 account 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 received in redemption,
and requesting taht 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
of January first of any year shall be disposed of in
the same manner as that provided for disposing of
unclaimed tax deed moneys, as set out in Article
Section , of this act.
Sec . 11 Redemption Receipts . Whenever any land
covered by certificates in the hands of individuals or
of the City, shall be redeemed as provided for in the
CAPE CANAVERAL CHARTER
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 certifi-
cates 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
Sec . 12 Disposal of City-Owned Tax Certificates .
Any and all tax sale certificates which have heretofore
or may be hereafter issued by said City for nonpayment
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, for cash, after
notice of such sale has been published once a week
for two consecutive weeks before the date of sale in
issues seven ( 7 ) days apart in a newspaper published
within the County, such advertisement to give the
date when the certificates 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.
CAPE CANAVERAL CHARTER
3 . Foreclose such certificates in the manner
hereinafter set out.
4 . Sell same upon demand at full cash value.
Sec . 13 Purchase of City-Owned Tax Certificates at
Any Time. At any time any person may purchase all tax
certificates 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 subse-
quent and omitted years , and interest thereon from the
date of certificates at the rate or rates which would
be required to be paid for the redemption of the certif-
icates, and the fee of One Dollar ( $1. 00 ) for the trans-
fer and assignment 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 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 certificates sold, stating the name
of the assignee , the date of the transfer and the
amount received therefor.
Sec . 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 certificates he may own covering the same land and
purchase from the City Tax Collector all outstanding
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 ) for conducting the
sale, making the search and mailing the notice herein-
after provided as to each parcel or tract of land upon
which an application for a tax deed is made . The
CAPE CANAVERAL CHARTER
certificate holder shall pay to the City Clerk the
estimated cost of publication. A separate application
is required as to each parcel of land assessed on the
City tax rolls.
Sec . 15 Notice of Application for Tax Deed. After
the proper fees have been paid, the City Clerk shall
cause a notice in substantially the following form to
be published once a week for four (4 ) successive 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 that
holder of the Tax Sale Certificate No. ,
issued the day of , A.D. ,
19 , hasfiled same in my office and has made
application for a Tax Deed to be issued thereon
and has paid or redeemedall 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 sufficient
amount to redeem said certificate and 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 Canaveral , 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
Sec . 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.
CAPE CANAVERAL CHARTER
Sec . 17 Mailing of Notice of Tax Deed Application
to Owner. In addition to the publication of the notice
provided 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 on record against said property, if the
address of such mortgage holder be known to the City
Clerk ; and the 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.
Sec . 18 Notice to Other Persons on Request. When
the certificate holder shall make written request 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 anyone
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 mailing
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 certifi-
cate holder, and not considered necessary 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.
Sec . 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
CAPE CANAVERAL CHARTER
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.
Sec . 20 Deadline of 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 certificates 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 percent ( 8% ) per annum for one ( 1)
month.
Sec . 21 Land Sold at Public Auction . All land
advertised for sale, unless redeemed as provided in
this Charter shall be sold at Public Auction by the
City Clerk at the City Hall in the City of Cape Canav-
eral and such sale shall be held only on the 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 ofsale, plus interest on the total sum at the
rate of eight percent ( 8% ) per annum for one ( 1) month,
shall be considered the bid of the certificate holder
for the property, and if there be no higher bids the
property shall be struck off and sold to such certifi-
cate 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 prop-
erty shall be struck off and sold to the highest
bidder.
Sec. 22 Property Purchased by Other Than Certifi-
cate Holders . If the property shall be purchased at
said Public Auction by any person other than the certif-
icate holder, the City Clerk shall forthwith pay back
to the certificate holder the amounts required to
redeem the certificates and subsequent and omitted tax
CAPE CANAVERAL CHARTER
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 percent ( 8% ) per
annum. The balance of the purchase price shall be
retained by the City Clerk and Notice forthwith mailed
to the owner of such lands, if his address be known to
the City Clerk, that this sum will be paid to him upon
demand , 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 balance shall be paid to the owner, less the sum
of twenty-five ( 25 ) cents 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.
Sec . 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 the funds have been
paid into the general funds of the City, the owner may
within one ( 1) year from the date of sale, make applica-
tion 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
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.
Sec . 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:
CAPE CANAVERAL CHARTER
STATE OF FLORIDA
COUNTY OF BREVARD
CITY OF CAPE CANAVERAL
TAX DEED
KNOWN 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 applicant 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 expenses of this sale, and due notice of sale
having been published by the law, and no person
entitled so to do having prepared to redeem said
land, such land was on the day of
19 , offerred 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 , in
consideration of the premises , and in
consideration 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 convey 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 following 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 included herein.
IN TESTIMONY WHEREOF , by virtue of the
authority in me vested by law and for and on
behalf of the City of Cape Canaveral, I , the
CAPE CANAVERAL CHARTER
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 signture, and the Seal
of the City of Cape Canaveral, this the
day of , 19
CITY OF CAPE CANAVERAL
A MUNICIPAL CORPORATION OF
BREVARD COUNTY, FLORIDA
By
City Clerk
Signed, sealed and
delivered in the
presence of:
All such tax deeds shall be duly acknowledged and shall
be prima facie evidence of the regularity of all pro-
ceedings from the valuation of the land by the Assessor
to the issuance of such tax deed, inclusive.
Sec . 25 Disposing of City-Owned Tax Deeds Land.
After the Cit 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.
Sec . 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 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
contesting the title of the grantee or his assigns to
said land.
CAPE CANAVERAL CHARTER
Sec . 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 judgment shall be
given. No suit shall be brought on any tax sale certif-
icate until after the expiration of two ( 2 ) years from
the date of the 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 state-
ment 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
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.
Sec . 28 Final Decree. The final decree in any such
action shall determine the amount due on the sale
certificate and omitted subsequent taxes and subsequent
tax sale certificates , including a reasonable attor-
ney ' 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 fore-
closure 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.
Sec . 29 Sale of Land to City in City Foreclosures.
At any sale under final decree in any such action com-
menced 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
Master , or the Clerk of the Circuit Court conducting
the sale shall announce that the land is sold to the
CAPE CANAVERAL CHARTER
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
expenses 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
decree foreclosing real estate.
Sec . 30 Master ' s Deed. The purchaser at any sale
in suits for the foreclosure 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.
Sec . 31 Sale of City-Owned Land Obtained by Fore-
closure. 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 deed therefor.
Sec . 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 matter or thing
not affecting the right and authority of the City to
levy and collect the taxes evidenced by such certifi-
cates are hereby validated and made legal to the extent
of any lien evidenced thereby, insofar as it is compe-
tent for the Legislature of the State of Florida to do
so.
Sec. 33 Tax Sale Certificate Evidence. Tax sale
certificates, signed by the City Tax Collector , shall
be admissible in evidence and shall be prima facie
valid.
Sec . 34 Illegal Tax Sale Certificates . If any
Court shall determine that any tax, tax sale certifi-
cate, 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 attorney' s fees as shall appear to be reason-
able and just.
CAPE CANAVERAL CHARTER
Sec . 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
Issuance of Duplicate Tax Sale
Certificate 1. 00
Registration of Transfer and Assignment
of Tax Sale Certificate 1. 00
For Conducting Tax Deed Sale and
mailing notice 5. 00
Mailing 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 fraction
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
publication of Notice, on each hundred
dollars or fraction thereof 1. 00
Sec. 36 State Statutes Applicable. The provisions
of General Laws of Florida, relating to assessment and
collection of taxes by municipalities, where not incon-
sistent with the provisions of this act , shall be
applicable.
ARTICLE XX
FINANCING PUBLIC IMPROVEMENTS
CAPE CANAVERAL CHARTER
Sec . 1 Bonds Authorized. The City of Cape Canav-
eral shall be authorized and empowered to issue nego-
tiable 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 ; estab-
lishing, constructing and improving parks, playgrounds,
public buildings, wharves, piers, docks, bridges, cause-
ways , seawalls , breakwaters and harbor improvements,
and reclaiming, filling or otherwise improving low, wet
or overflowed lands and the waterfront within the City
limits, for establishing, maintaining, and equipping a
fire department, police department , sanitary depart-
ment, and a system of sewage disposal and sanitation,
or for the purpose of purchasing, constructing, extend-
ing or improving water works , electric light plants ,
gas plants, ice plants, cold storage plants, transporta-
tion system, airports, or for any other public purpose
in which the City of Cape Canaveral is authroized to
engage under this act or the laws of the State of
Florida.
Sec . 2 Taxation for Bond Payment. The City Council
is hereby authorized to provide the issuance of nego-
tiable bonds of the City, under the Seal of the City,
for any of the purposes aforesaid , 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 percent ( 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 municipal
taxation, and the said limitation of twenty percent
( 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
secured by the lien of assessments for public improve-
ments , and all public utility revenue bonds or certifi-
cates shall be excluded.
Sec . 3 Revenue Bonds Authorized for Public Improve-
ments. The City of Cape Canaveral shall be authorized
and empowered to issue bonds or public improvement
certificates in any manner and for any purpose provided
by law, payable solely or in part from special assess-
ment for public improvements , and for which the full
faith and credit and the taxing power of the City shall
not be pledged.
CAPE CANAVERAL CHARTER
Sec . 4 Revenue Bonds Authorized for Public
Utilities . The City Council shall be authorized to
issue bonds or revenue certificates for the purpose of
constructing, 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.
Sec . 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.
Sec . 6 No Election Required for Revenue Bonds. Any
bonds or public improvement certificates payable from
assessments or public utility revenue may be issued in
the manner provided by law for said purposes , 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 corpora-
tion.
Sec . 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 opportu-
nity 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.
CAPE CANAVERAL CHARTER
Sec . 8 Signing Bonds . All bonds , public improve-
ment certificates or public utility revenue certifi-
cates , 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 reesolution
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 excxeed
fifty ( 50 ) years from the date thereof . [ Ord . No.
17-81, §1, 8 Oct 81; Ord. No. 5-85, §1, 19 Feb 85 ]
Sec . 9 Bond Resolution or Ordinances Required.
Prior to the issuance of any such bonds or certificates
of indebtedness , the City Council shall by resolution
authorize the issuance of the same, fixing the aggre-
gate amount of the proposed issue, the denomination,
the rate of interest, the purpose for which the moneys
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.
Sec . 10 Sale of Bonds . The said bonds or certifi-
cates of indebtedness shall be sold by the City at
public letting for competitive bidding at not less than
ninety-five ( 95 ) cents on the dollar , provided that
public improvement certificates 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.
Sec . 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 obligations of the City,
nor any such person be directly or indirectly inter-
ested in any contract to be issued by the City in
excess of one hundred dollars ($100 ) .
CAPE CANAVERAL CHARTER
Sec . 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 public utilities.
Sec . 13 Temporary Borrowing by City. When neces-
sary 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. [ Ordinance No. 9-74, 7
May 74 ]
ARTICLE XXI
ELECTIONS
Sec . 1 Rules Prescribed by Ordinance. The rules
and regulations for the calling and conduct of elec-
tions shall be prescribed by ordinance; provided the
same shall not be in conflict with this act.
Sec . 2 Voter Qualifications , Method of Handling
Election, Registration, Disqualification, Inspection of
Registration Records.
A. Regular Election . The regular municipal
elections shall be held on the first Tuesday
following the first Monday in November each year .
[Amended by Referendum Election, 11 Mar 80 )
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 requriements 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 requriements , 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 ,
CAPE CANAVERAL CHARTER
registration methods and inspection of records. The
City may adopt the single permanent registration
system as set forth in 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 . [Amended by General Election,
6 Jun 1972]
Sec . 3 through 6 - [Deleted by General Election ,
6 Jun 72 ]
Sec . 7 Registration Fee. There shall be no fee
required for registration in the City of Cape
Canaveral.
Sec . 8 Arrangements for Elections . The City
Council shall make all necessary arrangements for
holding all municipal elections, and shall declare the
results thereof.
Sec . 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 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.
Sec. 10 Recall of Elected Officers. Upon presenta-
tion 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 percent
( 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
CAPE CANAVERAL CHARTER
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 peti-
tioned against, such elections to be held in accordance
with the provisions of this act for regular municipal
elections.
Sec . 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:
A. Malfeasance
B. Misfeasance
C. Nonfeasance
Sec . 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
percent (25%) of the total number of registered 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 offi-
cially 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 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.
Sec . 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 signature thereon, and
when so filed the City Clerk shall submit the same to
the City Council at its next regular meeting and provi-
sions shall be made by the City Clerk for public
hearing upon the proposed ordinance.
CAPE CANAVERAL CHARTER
Sec . 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 proposed
ordinance, as set forth in the petition, the City Clerk
shall at once cause notice of the filing of such peti-
tion 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 passage of the
ordinance to the majority vote of the qualified
electors of the City voting in such an election. 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 submitted 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.
Sec . 15 Petition Effect on Pending Ordinance. When
the initiative petition is for an ordinance repealing
or amending an ordinance which has been enacted, but is
not yet effective, the offending ordinance shall not go
into effect until after the initiative referendum has
been held and the provisions of the original ordinance
upheld.
Sec . 16 Referendum Ballot Form. Referendum elec-
tions 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.
CAPE CANAVERAL CHARTER
Sec . 17 Repeal of Ordinances Adopted by Refendum.
Ordinances adopted by referendum vote can be amended or
repealed only by a referendum vote, but the proposition
to amend or repeal such ordinances may be submitted to
the voters in any regular election of the City ; pro-
vided, that no later than fifteen (15 ) days before such
election the City Council shall cause notice 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 ordinance in the
notice if it is to be repealed, butthe amendment in
full if it is to be amended. Said notice to be posted
in three public places if there be no newspaper pub-
lished in the City.
Sec . 18 City Attorney to Draft Ordinances . It
shall be the duty of the City Attorney to draft initia-
tive ordinances or to pass upon the legality of the
same when requested to do so by the referendum commit-
tee of five.
Sec . 19 Filing Fee. The City Council shall provide
by ordinance for a filing fee for all candidates quali-
fying 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
Sec. 1 Structures . The existence of dilapidated,
unsanitary or unsafe buildings or structures consti-
tutes a menace to the public health and safety, and as
such they are hereby declared to be a nuisance . The
City Council shall have the power and authority to
abate such nuisances by condemning 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.
Sec . 2 Wet Lands . The existence of marsh, swamp,
wet or overflowed lands provides breeding places for
mosquitoes and dangerous reptiles, produces unpleasant
odors, stenches and smells, and is otherwise dangerous
to the health, comfort, convenience and general wel-
fare, and such lands are hereby declared to be nuis-
ances . 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.
CAPE CANAVERAL CHARTER
Sec . 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 dangerous reptiles, increases the danger
of fires and the spread thereof , and produces unpleas-
ant odors , stenches and smells and is otherwise danger-
ous to the health , comfort , convenience and general
welfare , and the existence of any such condition is
hereby declared to be a nuisance . The City Council
shall have the power and authority to abate such nuis-
ance 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.
Sec . 4 Procedure to Abate Nuisance. If any officer
of the City shall find any nuisance, as set forth in
this Article, to exist on any lands within the City, he
is hereby authorized and empowered and directed to give
the owner of such land notice to abate nuisances 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 evi-
dence relating to the condition 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 inspection , 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.
Sec . 5 Procedure as to Unknown Property Owners. If
the name of the owner of said property is unknown to
the officer of the City who shall find the nuisance to
CAPE CANAVERAL CHARTER
exist on said property, or the home of such owner is
unknown to the City Clerk of the City of Cape Canav-
eral , or the name of the owner is known and the address
of said property owner is unknown to such officer or
City Clerk , the notice provided in Section 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 4 .
Sec. 6 Majority of Council May Act. In any proceed-
ing had under this Article a majority of the City
Council may act, and the presence of the full Council
shall not be required.
Sec . 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 prop-
erty, the City Council may in one order determine that
said nuisance exists as to all of said properties, and
may in one order require each owner to enter separate
orders on each parcel of property.
Sec . 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.
Sec . 9 Failure to Comply with Order. If any owner
of any property shall fail to comply with the order of
the City Council within the time specified in said
order , the City, acting by and through any officer ,
agent or employee, may enter upon the property 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 may be required to abate such nuis-
ance 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 fur-
nished in abating said nuisance , together with ten
percent ( 10% ) 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
constitute 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
CAPE CANAVERAL CHARTER
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 same, and if not
paid within said time , shall bear interest after one
( 1 ) month from the date thereof at the rate of one ( 1 )
percent 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 entry of payment by the City Clerk shall consti-
tute a discharge of the lien.
Sec . 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 pro-
ceedings, provided the notice required by Section 4 and
Section 5 of this Article shall have been given. The
entry of such lien shall be competent and sufficient
( evidence) and prima facie evidence of the necessity
for, and the legality of the work done, and the correct-
ness 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 defendant 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 affirmatively alleging and
proving such defense shall be upon the defendant.
Sec . 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 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
CAPE CANAVERAL CHARTER
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
notice 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 proceed-
ings shall be the same as is provided by law for the
foreclosure 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.
Sec . 12 Attorney ' s Fees . The City Attorney shall
be entitled to a fee of five percent ( 5% ) 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
attorney ' s 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 nonpayment of the said lien within the time
prescribed by law. If the City Attorney shall procure
information from an abstract company as to record owner-
ship 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 fore-
closure.
Sec . 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 , mortgages 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 seeking the foreclosure of
taxes. No such bill of complaint shall be deemed multi-
farious , and it shall be no objection 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.
CAPE CANAVERAL CHARTER
ARTICLE XXIII
EXTENSION OF THE CORPORATE LIMITS
Sec . 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 limtis
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 adoption and no land shall be annexed by
this method except lands owned by the person request-
ing such annexation; or
3 . Upon written request of ten percent ( 10% ) of
the qualified electors residing in any area contig-
uous 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 required,
and it shall become effective upon its adoption .
The election held under this paragraph shall be held
and conducted in the same manner as regular munici-
pal elections under this act; and the term "quali-
fied elector" as used in this paragraph 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 sub-
scribed by a majority of the registered resident
freeholders residing within an area described in the
petition and contiguous to the corporate limits of
CAPE CANAVERAL CHARTER
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 news-
paper published in Brevard County, Florida , and
having a general circulation in the City, and said
resolution shall become effective ten ( 10 ) days
after the last publication thereof. The term "regis-
tered 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
Sec . 1 Building Codes . The City Council of the
City of Cape Canaveral shall have the power 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 , regulating the manner of construction
of buildings and materials used in the wiring and plumb-
ing of any building or other structure in the City, and
to provide penalties for the violation of such codes.
Sec . 2 Constitutional Provision and Severability.
That if for any reason any section or provision of this
act shall be adjudged unconstitutional or otherwise
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.
Sec . 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 trans-
ferred and delivered to the office , department , board,
commission or agency to which such powers and duties of
any office, department, board, commission or agency are
by this act assigned to another office, department,
board, commission or agency, and all records , property
and equipment relating exclusively thereto shall be
CAPE CANAVERAL CHARTER
transferred and delivered to the office, department,
board, commission or agency to which such powers and
duties are so assigned.
Sec. 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 consid-
ered 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 inter-
ested 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 furhter passage shall be
required. [Ord. No. 20-81, §1, 17 Nov 81 ]
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
sections to be posted at least once, together with a
Notice of the Council meeting when such amended
ordinance will be further considered, which posting
shall be for a period of at least five ( 5 ) days
prior to the 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 conditions. The second
passage of any ordinance pursuant to this act shall
be final and no further passage shall be required.
4 . Emergency Ordinance. The City Council may by
unanimous vote of the Councilmen present at any meet-
ing of the City Council waive the time and notice
CAPE CANAVERAL CHARTER
requirements herein provided for the passage of ordi-
nances, and may thereupon pass an ordinance follow-
ing its first and second reading at the same meeting
of the City Council at which the ordinance was intro-
duced, provided, however, that any such ordinance
passed at the same meeting at which it was intro-
duced 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 Emergency Ordinance shall exprie
at the end of the thirty (30 ) day period. The City
Council may pass an Emergency Ordinance whenever, in
the opinion of the City Council , the public welfare
will be best served by the 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 publication or posting of each ordinance
in the ordinance, and in the absence of such desig-
nation 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 post-
ing shall not postpone the effective date of such
ordinance unless so provided in the ordinance.
7 . Effective Date of Ordinances . Every ordi-
nance shall become effective immediately upon its
CAPE CANAVERAL CHARTER
passage and approval by the City Council, unless the
ordinance shall contain a provision fixing a differ-
ent effective date. The requirements as to signa-
ture herein provided, shall not affect the date at
which the ordinance shall become effective.
Sec . 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 Stat-
utes of the State of Florida , governing cities and
towns , when not in conflict with the terms of this act,
and the same are hereby made a part of the Charter.
Sec . 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.
Sec . 7 Investigative Procedures. The City Council,
or any committee thereof , or any advisory board
appointed by the City Council for such prupose, 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 investigated; 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 purpose may issue sub-
poenas or attachments which shall be signed by the
president or chairman of the body, or by the officer
making the investigation , and shall be served by an
officer authorized to serve such process. The author-
ity 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 of Florida to administer oaths. Fail-
ure to obey such subpoena or to 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 . 0 ) ) or by imprisonment not to exceed
sixty (60) days, or both.
Sec . 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.
Sec . 9 Gender . Whenever in this act the masculine
personal pronoun is used it shall be considered to mean
either masculine or feminine . No woman shall be dis-
qualified for any position in the City Government
because of her sex.
CAPE CANAVERAL CHARTER
Sec . 10 Continuance of Officers and Ordinances .
All officers heretofore elected or appointed and hold-
ing office under the said municipality shall continue
to hold their respective offices and to discharge 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 modi-
fied 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 ordinance
passed in a manner other than as provided by this act
is hereby repealed and held void.
Sec . 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 negli-
gence of the City and that written notice of such
damage was, within thirty (30 ) 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 damage as may be agreed upon by
the City Council.
Sec . 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
Canaveral or its duly authorized officials or employ-
ees , 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
CAPE CANAVERAL CHARTER
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.
Sec . 13 Benefit from Contracts Prohibited. No
member of the City Council or officer , agent or
employee of the City shall benefit , directly or
indirectly, 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 considera-
tion , vote, action , favor or rendering of service on
City matters.
Sec . 14 This bill shall take effect immediately
upon become a law.
[ Became a law without the Governor ' s
approval. Filed in Office of Secretary of
State May 16, 1963 ]
Art. I CAPE CANAVERAL CHARTER Art. I
HOUSE BILL NO. 167
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 PRIVLEDGES; TO AUTHORIZE THE IMPOSI-
TION 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 ENFORCEMENT
OF THE SAME; AND TO PROVIDE THAT THE
TITLES, RIGHTS AND OWNERSHIPS OF PROPERTY,
UNCOLLECTED TAXES, DUES , CLAIMS , JUDGE-
MENTS, DECREES, CHOSES IN ACTION, AND
OTHER PROPERTIES AND ALL POWERS HELD OR
OWNED 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 OF FLORIDA:
ARTICLE I
Sec. 1 The present municipal corporation of the City
of Cape Canaveral in Brevard County, Florida, is hereby
abolished.
Sec. 2 Incorporation City of Cape Canaveral . That
a municipal corporation under and by the name of the City
of Cape Canaveral is hereby created, organized and estab-
lished in the County of Brevard and in the State of Florida,
which said City shall embrace, include and have jurisdiction
over all that territory in Brevard County, Florida, des-
cribed as follows :
The tract of land situated in Sections 14 ,
15, 22 , 23, 26 and 27 of Township 24 South,
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 ship
Art. I CAPE CANAVERAL CHARTER Art. I 18
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 in-
tersection 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 2 ,440 feet to a point in the middle
of Block 73 , in the Avon-By-The-Sea sub-
division 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, 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
shoreline and 1, 000 feet East of the mean
high water line of the Atlantic Ocean; ex-
cepting the lands owned by the Canaveral Port
Authority and/or any additional Government-
owned lands as of January 12 , 1962 , and in-
cluding all litteral and riparian rights
pertaining thereto.
Sec. 3 Sovereignity. That said corporation shall have
perpetual succession 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;
*Additionally lots 13 through 20 inclusive, Banana River
Estates as recorded in Plat Book 10 , page 1, of Brevard
County Public Records. [Resolution No. 73-48]
Art. I CAPE CANAVERAL CHARTER Art. I
may aquire 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 with-
out 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 other-
wise dispose of said property in accordance with the terms
of said trust; may use any of said real property, whether
within or without the territorial limits of said munici-
pality for parks, playgrounds, roads , disposal plants,
waterworks, electric light plants, ice plants, gas plants,
and the erection, maintenance and operation of municipal
buildings, works and constructions of every kind and
character, including municipal offices, schools, court-
house, 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
buildings, bridges , works and construction for all other
purposes that said municipality, through its proper
authorities, may deem necessary or proper for the welfare
of said municipality, of the inhabitants thereof, and may
exercise all other powers herein conferred.
Sec. 4 Form of Government. The municipal government
provided by this act shall be a Mayor-Council Government.
Subject to the limitations 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, herein-
after 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.
Sec. 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 pre-
sent 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
Art. I CAPE CANAVERAL CHARTER Art. II 20
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 three candidates, respect-
fully, receiving the highest number of votes, shall be
deemed elected. Such other offices as may exist at this
time shall be abolished unless authorized by the provisions
of this act. Commencing with the general city election
held in 1971, two councilmen shall be elected for a period
of three (3) years; commencing with the general city elec-
tion 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 succes-
sor 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.
[Amended by General Election, June 2 , 1970]
ARTICLE II
GENERAL POWERS
Sec. 1 Extension of General Powers . The city shall
have the powers, functions and immunities granted to
municipal corporations by the Constitution 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 here-
in or implied hereby, or appropriate to the excercise of
such powers, it is intended that the City shall have and
excercise 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 dispose
of the same for the benefit of the City;
Art. II CAPE CANAVERAL CHARTER Art. II
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 excercise the right and power of eminent domain
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 law-
ful 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
and by this act;
6 . To declare that any territory embraced within the
corporate limits of the City shall be a bird sanctuary;
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 outside 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;
Art. II CAPE CANAVERAL CHARTER Art. II 22
11. To appropriate money for the payment of the oper-
ating expense of the City, and for the payment of the
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, public,
corporate or proprietary purpose, and to contract debts,
and to make and issue bonds, certificates of indebtedness ,
notes, and other evider 's of indebtedness )providedfrthat
the procedure therefor shall be in conformity 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
direct or through boards or other nonprofit corporations
or organizations established for such purposes;
15. To invest the surplus funds of the City;
16. To open, extend, close, vacate, abandon, construct,
pave, operate, improve, repair and maintain,,-streets, roads,
alleys, sidewalks, promenades, boardwalks, bridges, parking
areas and facililites and public thoroughfares of all kinds
and descriptions and to regulate and control the use, en-
roachments 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 location
of electric, telephone or telegraph, or other poles 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 erection,
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 improvephospitals, libraries , industrial
Art. II CAPE CANAVERAL CHARTER Art. II
parks, parking lots, parks, playgrounds, airports, golf
courses, marinas, piers, wharves, swimming pools, bathing
beaches, stadiums, auditoriums, civic centers, aquariums,
museums, recreational centers, and any cultural, education-
al, 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 build-
ings, structures and land and water, for trade, 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, construc-
tion, reconstruction, alteration, repair or use of buildings,
structures or land within such zones or districts, and to
provide the manner for making changes and amendments thereto;
the said power either to be exercised under the general
municipal zoning 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 establishment
of all manufactories, businesses, occupations, or residences
of a nature tending to increase or 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 pre-
vent fires, to regulate and control the erection, relocation,
repair and maintenance of buildings within the City, and
Art. II CAPE CANAVERAL CHARTER Art. II 24
character of such building or the materials of which the
same are constructed, and to regulate and designate the
location of motor vehicle service stations;
25. To condemn and order to be demolished and removed,
or to be put in a state of sound repair, any and all dilap-
idated, unsanitary and unsafe buildings or structures, and
if the owners of such buildings or structures fail to obey
such orders, then at the discretion 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, assessing the
cost thereof against said property, the City to have a lien
therefor, until discharged by payment, for any and all ex-
penses 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 build-
ing 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 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;
Art. II CAPE CANAVERAL CHARTER Art. II
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 corpor-
ations; 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 descriptions
and to regulate the exercise thereof;
38 . To provide police, fire, lifeguard, building in-
spection and similar protection and services, including
support and assistance to a volunteer fire department;
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 outside
its corporate limits;
40. To exercise all police powers granted to munici-
palities 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 to
maintain and preserve the public health, peace, safety
and welfare, including ordinances regulating the keeping
of domestic and other animals within its corporate 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 pro-
mote 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;
Art. II CAPE CANAVERAL CHARTER Art. II 26
42. To provide for the arrest, imprisionment, 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,
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 repair 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 installations, or other in-
stallations, to be erected, altered, reconstructed or
repaired and for the inspection of the same, and to
collect fees to pay the expenses of examination and in-
spection 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 tax-
ation under the laws of the State of Florida as herein
provided, such sums of money as may be required for
Art. II CAPE CANAVERAL CHARTER Art. II
municipal purposes, including the payment of the principal
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 assessments for
public improvements in the manner herein prescribed;
52. To make its own valuations of property for the pur-
pose of municipal taxation, without regard to the valuation
made by the County for taxation; provided, however, that
the valuation so made by the City for municipal taxation
shall be just and have a fair relation 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 specified herein the liens
shall bear interest at the rate of six (6) percent per year;
54 . To impose, levy and collect excise taxes on any
admissions to places of amusement or athletic contests,
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
privledges, businesses, occupations and professions
carried on and engaged in, in whole or in part within
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 pro-
fessions 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 beverages
may be sold, with the power to select and establish zones
where such beverages may not be sold; or to limit or re-
strict the number of places in said City in which such
beverages may be sold or served for the consumption on
the premises or sold in containers for consumption off
the premises; or to limit or restrict the number of
Art. II CAPE CANAVERAL CHARTER Art. III 28
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 specifically so provided
by law;
57 . To license, regulate, limit, franchise, register and
control taxis, buses and other means of public transpor-
tation operated within the City; to control and register
the drivers thereof, to fix the rates to be charged for
the carriage of persons or baggage within 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 with-
out regard to whether the same shall be licensed, taxed,
or regulated by the state or not, and without regard to
the rate of taxation 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, bicycles, scooters and
vehicles and conveyances of any kind whatsoever, and to
license, tax, regulate and cause the driver 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 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
Sec. 1 Qualifications of Mayor and Councilmen. The
Mayor and members of the City Council shall be residents
Codified Jan 90
ART. III CAPE CANAVERAL CHARTER ART. III
of the City of Cape Canaveral and shall have and possess the
qualifications of electors therein. Any member of the Coun-
cil 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 involving moral turpitude,
shall forfeit his office and his seat shall immediately be-
come vacant. Absence from four consecutive regular meetings
of the City Council, or from thirty percent 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 ab-
sence shall be excused by a resolution duly adopted by the
City Council. [Ord . No. 14-89, § 1 , 17 Oct 89 ]
Sec. 2 Appointed Officers . The City Council shall have
the power to appoint, employ and remove from office such
officers and employees of the City as the City Council shall
deem necessary for the operation of the City. Said appoint-
ments and removals shall he subject to the majority vote of
the City Councilmen. The City Council shall fix the compen-
sation of all appointed officers of the City by resolution.
The appointed officers shall be those of the City Manager
and the City Attorney. [Amended by General Election, 8 Nov
83]
Sec. 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 pay-
ment of the same. The first odinance to provide for the
compensation, 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 thereafter at two-year intervals
at least sixty ( 60 ) days, but not more than ninety ( 90)
days, preceding the General City Election. Compensation for
City Councilmen shall not exceed six hundred dollars per
year during the first four years in which such compensation
shall he paid or twelve hundred dollars thereafter. The
compensation paid to the Mayor shall not exceed eight hund-
red dollars per year during the first four years such
compensation shall be paid or sixteen hundred dollars per
year thereafter.
PAGE REVISED
17 OCT 89
Art. III CAPE CANAVERAL CHARTER Art. IV 30
Sec. 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, with-
in thirty (30) days following 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 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 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 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 . [Amended by General Election, June 2 , 1970 and
General Election, November 2 , 1982]
ARTICLE IV
THE MAYOR, POWERS AND DUTIES
Sec . 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 representative 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 vote on issues coming be-
fore the 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. [Amended by General
Election, June 2, 1970]
Sec . 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 meet-
ings of the City Council .
PAGE REVISED
2 NOV 82
Art. III CAPE CANAVERAL CHARTER Art. III
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 pre-
ceding 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 involving moral turpitude, shall for-
feit his office and his seat shall immediately become vacant.
Absence from four consecutive regular meetings of the City
Council , or from thirty percent 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.
Sec. 2 Appointed Officers. The City Council shall
have the power to appoint, employ and remove from office
such officers and employees of the City as the City Council
shall deem necessary 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. [Amended by
General Election, 8 Nov 83]
Sec . 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 compensation, if any, of the Mayor or the Council-
men 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
thereafter at two-year intervals at least sixty (60) days,
but not more than ninety (90) days , preceding the General
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 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 hundred dollars per year thereafter.
PAGE REVISED
8 NOV 83
Art. III CAPE CANAVERAL CHARTER Art. IV 30
Sec. 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, with-
in thirty (30) days following 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 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 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 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. [Amended by General Election, June 2, 1970 and
General Election, November 2 , 1982]
ARTICLE IV
THE MAYOR, POWERS AND DUTIES
Sec . 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 representative 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 vote on issues coming be-
fore the 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. [Amended by General
Election, June 2, 1970]
Sec . 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 meet-
ings of the City Council .
PAGE REVISED
2 NOV 82
Art. IV CAPE CANAVERAL CHARTER Art. V
Sec. 3 Election of Mayor. The offices of Mayor shall
be elected commencing with the General City Election in
1971, and the candidate receiving the highest number of
votes shall serve for a period of two (2) years; com-
mencing with the general city election in 1973, the Mayor
shall be elected for a term of three (3) years and there-
after the Mayor elected shall serve a three (3) year term
or until his successor shall be elected and qualified.
[Added by General Election, June 2 , 1970]
ARTICLE V
THE CITY COUNCIL, ORGANIZATION AND POWERS
Sec. 1 Meetings. The City Council shall meet at such
time and place as may be prescribed by ordinance or res-
olution. 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 busi-
ness shall be open to the public.
Sec. 2 Rules of Procedure. The City Council may enact
its own rules of procedure, may prescribe penalties for
the nonattendance and misconduct of its members and en-
force the same, may compel the attendance of members and,
on a four-fifths vote, may expel a member for misconduct
in office or neglect of duty. Misconduct shall include
the acceptance of gifts , gratuities or service intended
to influence a member' s consideration, vote or action
upon any official business of the City. [Amended by
General Election, June 2 , 1970]
Sec. 3 Quorum. A majority of all members of the City
Council shall constitute a quorum to transact business.
Sec. 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 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. [Amended by General
Election, June 2, 1970]
Art. VI CAPE CANAVERAL CHARTER Art. VII 32
ARTICLE VI
CITY MANAGER
Sec. 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 effective administration of all
departments of the City. He shall be chosen on the
basis of his executive and administrative qualifications.
He may or may not be a resident 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 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
Sec. 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 its 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.
Sec. 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,
suits and controversies in which the City is a party.
Art. VII CAPE CANAVERAL CHARTER Art. IX
He shall furnish the Council, or the City Clerk, his
opinion on any question of law relating to their re-
spective 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.
Sec. 3 Compensation. The City Council may, from time
to time, by resolution, 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, provided 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 com-
pensated as the Council may see fit to provide.
ARTICLE VIII
CITY CLERK
Sec. 1 Appointment and Duties . The City Manager shall
appoint a City Clerk and such deputies as might be re-
quired. 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 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 required by ordinance, or shall be required
by the City Manager from time to time. [Amended by General
Election 8 Nov 83]
ARTICLE IX
CITY TAX ASSESSOR
Sec. 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.
PAGE REVISED
8 NOV 83
Art. IX CAPE CANAVERAL CHARTER Art. X 34
Sec. 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 inquiry all taxable property, real
and personal, railroads, 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 Jan-
uary 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 personally acquainted therewith, and the
improvements thereon, and shall fix the valuation of the
same, and shall require the owner or owners of personal
property to return the same and fix the valuation there-
of. In case the owner or owners of any personal property
shall neglect or refuse to return the same and fix the
valuation 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 .
Sec. 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 provided
by this act.
ARTICLE X
CITY TAX COLLECTOR
Sec. 1 Appointment and Duties . The City Council shall
appoint a City Tax Collector. It shall be the duty of the
City Tax Collector to collect all taxes on real and per-
sonal property in the City according to the assessment
rolls and as shall be required by law and the ordinances
of this City; to collect all license taxes on all trades ,
professions, occupations and businesses as shall be pro-
vided by the provisions of this act or by law and or-
dinance; to collect all such funds and file his receipt
Art. X CAPE CANAVERAL CHARTER Art. XII
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 on 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
Sec. 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 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 counter-
signed as provided herein, or as otherwise provided by
ordinance of the City Council. He shall perform such
other duties as the City Manager , from time to time,
shall require of him. [Amended by General Election, 8 Nov 83]
ARTICLE XII
MUNICIPAL COURT
Sec. 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 violation of all or-
dinances 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.
PAGE REVISED
8 NOV 83
Art. XII CAPE CANAVERAL CHARTER Art. XII 36
Sec. 2 Duties and Powers of the Judge. The Municipal
Judge shall have the power by his warrants to have brought
before him any person or persons charged with the violation
of City ordinances, and shall have exclusive original juris-
diction over all proceedings 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 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 Municipal
Court by the Municipal Judge and to make proper return
upon the same 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 truth or falsity of all charges
preferred, to decide on the guilt or innocense 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 incidential and unusual to
the due enforcement of such City ordinances. The Municipal
Judge is hereby granted the authority and shall have the
power to issue search warrants to run throughout the ter-
ritory 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, except 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.
Sec. 3 Payment of Fines. 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 committed to jail at such place as directed by the
court.
Sec. 4 Clerk of Court. The City Clerk, or his deputy,
of the City of Cape Canaveral, shall be the Clerk of the
said Municipal Court.
Art. XII CAPE CANAVERAL CHARTER Art. XII
Sec. 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 judg-
ment 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
should 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 ordinance or
law of the City, and to issue warrants thereon, re-
turnable before the Municipal Court. Such Clerk may
issue writs and warrants except search warrants.
Sec. 6 Arrest and Confinement. 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 juris-
diction 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.
Sec. 7 Taking of Bond. The Municipal Judge or the
Clerk of the Municipal Court or such deputies as des-
ignated by the City Council, shall have authority to
take from persons so arrested, a bond or other security
for appearance before the Municipal Court, but no such
bond or security shall be for less than five dollars
nor more than five hundred dollars.
Sec. 8 Forfeiture of Bond. In all cases where accused
persons have been released upon bond or other security,
and they fail to appear, the Municipal Court shall de-
clare such bond or security estreated, and such action
shall be recorded upon the docket, and in such case the
Municipal Judge may, at his discretion, issue a capias
for the rearrest of the accused person.
Art. XII CAPE CANAVERAL CHARTER Art. XIII 38
Sec. 9 Disposition of Fines. The Municipal Court
shall have authority to preserve 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, and shall be paid to the City Treasurer on the
day on which collected and receipt taken therefor. The
moneys so paid into the City Treasury may, by resolution
of the City Council, be appropriated to any particular
fund, and shall thereafter be used in accordance with
such resolution.
Sec. 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 ex-
ceeding sixty consecutive days for one offense.
Sec. 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 sentences imposed by such court, if such sus-
pension is made at the time the sentence is imposed.
ARTICLE XIII
POLICE DEPARTMENT
Sec. 1 Continuance of Present Law 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 fol-
lowing the effective date of this act.
Sec. 2 Clarification of Titles. Such law enforce
ment 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 Enforcement Officer of
such agency shall perform those duties delegated to the
Chief of Police by this act.
Art. XIII CAPE CANAVERAL CHARTER Art. XIV
Sec. 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
processes of the City or its authorities; to attend
Municipal Court during its sittings; to execute its
commands and to aid in the enforcement of order therein
and to perform such other duties as may be lawfully re-
quired of him. Subject to the authority and instructions
of the City Council, the Chief of Police shall have and
exercise control over the Police Department.
Sec. 4 Arrest. The Chief of Police, his deputies,
and any designated 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 presence or within his view, any offense pro-
hibited 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.
Sec. 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 City 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.
Sec. 6 Traffic Summons. All police officers shall be
empowered to issue summons on traffic offenses against
all local residents or nonresidents violating any
traffic ordinance or traffic law within said municipality.
ARTICLE XIV
FIRE DEPARTMENT
Sec. 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 re-
moved by the City Council. He and the firemen shall
receive such compensation as may be determined by the
City Council.
Art. XIV CAPE CANAVERAL CHARTER Art. XV 40
Sec. 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 furnishing of City fire trucks, fire fight-
ing equipment and supplies for any use by the Volunteer
Fire Department or Departments, payments to volunteer
firemen for attendance at Volunteer Fire Department meet-
ings or for answering fire alarms and calls, and the pay-
ment of premiums on life insurance and hospitalization
insurance policies covering the volunteer firemen.
Sec. 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 ex-
tinguishment of fires and the protection of life and
property within the limits of the City of Cape Canaveral,
and to execute all papers and processes 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
Sec. 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 Superintendent
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: [Amended by General Election
8 Nov 83]
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.
PAGE REVISED
11 NOV 85
Art. XV CAPE CANAVERAL CHARTER Art. XVI
2 . To see that the terms and conditions imposed 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 enforce 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
Manager from time to time, shall require of him.
[Amended by General Election, 8 Nov 83]
Sec. 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 designated 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
of the affairs of the water system of the City of Cape
Canaveral, including the expansion, maintenance and
operation of the Water Department.
2. He shall perform such other duties as the City
Council, from time to time, may require of him.
ARTICLE XVI
BOARDS AND AGENCIES
Sec. 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 establish the compensation
of any person so appointed.
PAGE REVISED
8 NOV 83
Art. XVI CAPE CANAVERAL CHARTER Art. XVI 42
2 . The Department shall establish rules and regulations
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 in-
fectious 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 inspec-
tion, regulation and control of restaurants, lunch rooms,
markets, stores or other places where beef, pork, poultry,
fish, milk, butter, lard, vegetable compound, fruits,
vegetables and other foods or drugs are served or sold
within the City, and to 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 inspection,
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.
Sec. 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.
Sec. 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.
Sec. 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.
Art. XVII CAPE CANAVERAL CHARTER Art. XVII
ARTICLE XVII
GENERAL FINANCE PROVISIONS,
BUDGET, AUDIT AND PURCHASING
Sec. 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
constitute 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.
Sec. 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 ensuing fiscal year to the City Council on or before
the first regular meeting in August.
Sec. 3 General Budget Requirements. The budget doc-
ument shall present a complete financial plan for the en-
suing fiscal year. It shall include at least the following
information:
1. Detailed estimates of all proposed expenditures for
each department and office of the City, showing the expen-
ditures for corresponding items for the last preceding and
current fiscal years, with reasons for increases and de-
creases recommended as compared with appropriations for
the current year;
2. Statements of the bonded and other indebtedness of
the City, showing the debt reduction and interest require-
ments, 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 pre-
ceding 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 to 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;
Art. XVII CAPE CANAVERAL CHARTER Art. XVII 44
6. Such other supporting schedules as the Council may
deem necessary.
Sec. 4 Public Hearing on Budget Required. A public
hearing on the budget shall be held before its final adop-
tion, at such time and place as the Council may direct,
and notice of such public hearing shall be published in a
newspaper of general circulation in the City at least one
week in advance by the Clerk. A copy of the proposed budget
shall be published 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 period
of not less than one week prior to such public hearing.
Sec. 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 en-
suing 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.
Sec. 6 Expenditures Limited to Budget. No money shall
be drawn from the treasury of the City nor shall any obli-
gation for the expenditure of money be incurred, except
pursuant to the budget appropriation. 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.
Sec. 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 for debt and interest charges, to such a degree
as may be necessary to keep expenditures within the income.
Sec. 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 moneys, and shall provide for the proper security of all
City deposits.
Codified Jan 90
15
Art. XVII CAPE CANAVERAL CHARTER Art. XVII
Sec. 9 Annual Audit Required. An independent audit
shall be made of all accounts of the City government at
least annually, and more frequently if deemed necessary
by the Council. Such audit shall be made by certified
public accountants experienced 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.
Sec. 10
(1) Competitive Bidding Required. All purchases and
contracts for public improvements shall, except
as specifically provided herein, be based where-
ever possible on competitive bids.
(2) Formal Contract Procedure. All purchases and
public improvements , except as otherwise provided
herein when the estimated costs thereof shall ex-
ceed $3, 000 shall be purchased by formal written
contracts from the lowest responsible bidder after
due notice inviting proposals .
(a) Notice Inviting Bids . Notice inviting bids
shall be published once in at least one of-
ficial newspaper with general circulation in
Brevard County, Florida, at least 5 days
preceding the last day set for the receipt
of proposals . The newspaper notice required
shall include a general description 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.
PAGE REVISED
6 DEC 88
Art. XVII CAPE CANAVERAL CHARTER Art. XVII 46
The City shall also advertise pending pur-
chases 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. Unsuccessful 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 fail-
ure on his part to enter into a contract within 10
days after the award.
(4) Bid Opening Procedure. Bids shall be submitted
sealed to the City and shall be 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 improve-
ments 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 inter-
ference;
(c) the character, integrity, reputation, judg-
ment, experience and efficiency of the bidder;
(d) the quality of performance of previous con-
tracts or services;
7 Art. XVII CAPE CANAVERAL CHARTER Art. XVII
(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 con-
tract or provide the service;
(g) the quality, availability and adaptability
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 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 performance bond before entering into
a contract, in such amount as the City shall find
reasonably necessary to protect its best interest.
(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
$3 , 000 . 00 shall be made in the open market, with-
out newspaper advertisement and without observing
the procedure prescribed in this section for the
award of formal contracts .
PAGE REVISED
6 DEC 88
Art. XVII CAPE CANAVERAL CHARTER Art. XVII 48
(a) All open market purchases shall, whenever
possible, be based on at least three com-
petitive 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 competitive bids
shall not be necessary. All above des-
cribed standards will be considered
guidelines and followed as closely as
possible. [Ordinance No. 6-81, §1, 5
May 81]
(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 deter-
mined that a purchase is to be made which is
available from only one source, and no other like
supplies or materials are availalbe 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.
(14) Emergency Purchase. 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, re-
gardless 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 .
9 Art. XVII CAPE CANAVERAL CHARTER Art. XVIII
A full report of the circumstances of an emergency pur-
chase shall be filed by the City Manager with the City
Council at the next regular City Council meeting follow-
ing 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 Agencies.
Purchases made from other governmental agencies or other
governmental agency bid lists , shall be exempt from the
provisions of this Section provided, however, that the
City Manager has reasonably determined that such pur-
chases are in the hest interest of the City. [Ord. No.
18-78, § 1 , 21 Nov 78 ; Ord. No. 17-88, § 1 , 6 Dec 881
ARTICLE XVIII
REVENUE AND TAXATION
Sec. 1 Property Subject to Taxation. All real and per-
sonal 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 .
Sec. 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 Nov-
ember in such year. On or before the said date in each
year , the Tax Collector shall mail to each person owning
property upon which a tax has been levied or assessed, de-
scribing the property and setting forth the amount of the
tax. The City Council may provide by ordinance for dis-
counts for early payment of taxes and for penalties for
delinquent payment of taxes.
Sec. 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 hereinafter prescribed . Personal
PAGE REVISED
6 DEC 88
Art. XVIII CAPE CANAVERAL CHARTER Art. XVIII 50
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 property assessed against
which liens exist for taxes due the City, shall be liable
to the City for all costs of collection, including a reason-
able 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 exceeding
fifteen percent when the same is collected without suit.
Sec. 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 interest 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.
Sec. 5 City Council to Fix and Establish License and
Occupational Taxes . The City Council shall have the power
and authority 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 dependent
upon or controlled or governed by any general state revenue
law; and to fix and provide penalties for violations of
such ordinances.
Sec. 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 limitation on the annual
rate thereof as has been approved by at least a majority of
Art. XVII CAPE CANAVERAL CHARTER Art. XVII
Sec. 9 Annual Audit Required. An independent audit
shall be made of all accounts of the City government at
least annually, and more frequently if deemed necessary
by the Council. Such audit shall be made by certified
public accountants experienced 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.
Sec. 10 Competitive Bidding Required. All purchases and
contracts for public improvements shall, except
as specifically provided herein, be based where-
ever possible on competitive bids.
(2) Formal Contract Procedure. All purchases and
public improvements, except as otherwise provided
herein when the estimated costs thereof shall ex-
ceed $2, 000 shall be purchased by formal written
contracts from the lowest responsible bidder after
due notice inviting proposals.
(a) Notice Inviting Bids . Notice inviting bids
shall be published once in at least one of-
ficial newspaper with general circulation in
Brevard County, Florida, at least 5 days
preceding the last day set for the receipt
of proposals. The newspaper notice required
shall include a general description 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.
Art. XVII CAPE CANAVERAL CHARTER Art. XVII 46
The City shall also advertise pending pur-
chases 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. Unsuccessful 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 fail-
ure on his part to enter into a contract within 10
days after the award.
(4) Bid Opening Procedure. Bids shall be submitted
sealed to the City and shall be 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 improve-
ments 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 inter-
ference;
(c) the character, integrity, reputation, judg-
ment, experience and efficiency of the bidder;
(d) the quality of performance of previous con-
tracts or services;
Art. XVII CAPE CANAVERAL CHARTER Art. XVII
(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 con-
tract or provide the service;
(g) the quality, availability and adaptability
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 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 performance bond before entering into
a contract, in such amount as the City shall find
reasonably necessary to protect its best interest.
(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, with-
out newspaper advertisement and without observing
the procedure prescribed in this section for the
award of formal contracts.
Art. XVII CAPE CANAVERAL CHARTER Art. XVII 48
(a) All open market purchases shall, whenever
possible, be based on at least three com-
petitive bids and shall be awarded to the
lowest responsible bidder, in accordance
with the standards set forth above.
In the event the open market purchase
sought is less than $200 . 00, the above
requirement of three competitive bids
shall not be necessary. All above des-
cribed standards will be considered
guidelines and followed as closely as
possible. [Ordinance No. 6-81, §1, 5
May 81]
(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 deter-
mined that a purchase is to be made which is
available from only one source, and no other like
supplies or materials are availalbe 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.
(14) Emergency Purchase. 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, re-
gardless 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.
Art. XVII CAPE CANAVERAL CHARTER Art. XVIII
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. Pur-
chases 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. [Ordinance
No. 18-78, § 1, 21 November 1978]
ARTICLE XVIII
REVENUE AND TAXATION
Sec. 1 Property Subject to Taxation. All real and
personal property in the City of Cape Canaveral not ex-
pressly 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.
Sec. 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 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.
Sec. 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 hereinafter prescribed. Personal
Art. XVIII CAPE CANAVERAL CHARTER Art. XVIII 50
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 property assessed against
which liens exist for taxes due the City, shall be liable
to the City for all costs of collection, including a reason-
able 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 exceeding
fifteen percent when the same is collected without suit.
Sec. 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 interest 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.
Sec. 5 City Council to Fix and Establish License and
Occupational Taxes. The City Council shall have the power
and authority 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 dependent
upon or controlled or governed by any general state revenue
law; and to fix and provide penalties for violations of
such ordinances.
Sec. 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 limitation on the annual
rate thereof as has been approved by at least a majority of
Art. XVIII CAPE CANAVERAL CHARTER Art. XVIII
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.
Sec. 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 publication 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 be-
fore it the assessment rolls 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. All persons
owning property, real or personal, 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.
Sec. 8 Omitted Property may be Back Taxed. The
Assessor, upon discovery that any real or personal
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 illegally 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
Art. XVIII CAPE CANAVERAL CHARTER Art. XIX 52
fz
taxes thereon shall be levied and collected with the taxes
for the current year, and all such property shall be sub-
ject to such taxes in whosoever hands it may have passed.
Sec. 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 assessment roll
shall not be changed.
ARTICLE XIX
COLLECTION OF DELINQUENT TAXES
Sec. 1 Delinquent Tax Notice to be Posted. Begin-
ning April thekfirst 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 pro-
ceedings, but he shall complete and post such list as
quickly as possible after such date.
Sec. 2 Delinquent Tax Notice to be Published. The
City of Cape Canaveral shall hereafter, at the time re-
quired by law, publish a clear, understandable and in-
expensive notice of sale of lands because of nonpayment
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 the sale. In such notice, it shall be
plainly stated that all real estate in the said City on
which municipal taxes are past due and unpaid will be sold
in conformity 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
Art. XIX CAPE CANAVERAL CHARTER Art. XIX
to be sold or state that they are unknown, and shall describe
the parcels to be sold and state the amount of taxes past
due and unpaid. Interested 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 nonpayment 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
purpose of informing themselves as to whether their real
estate is subject to sale for the nonpayment of municipal
taxes, and the taxing officers of the City shall render
to such an inquiry every reasonable assistance.
Sec. 3 Sale of Tax Liens. On the first Tuesday of
July of each year, beginning 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 afore-
said 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 evidencing such taxes and tax liens
shall bear interest from date at the rate of twelve per-
cent (12%) per annum until April first of the following
year, and eight percent (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.
Sec. 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 for which the sale was made, and the name of
the purchaser and shall append to each said list a cer-
tificate 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.
Art. XIX CAPE CANAVERAL CHARTER Art. XIX 54
Sec. 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 Certif-
icate 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 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 convey-
ance of such lands in accordance with the law, or to fore-
close 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 situated 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 Circuit 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
Art. XIX CAPE CANAVERAL CHARTER Art. XIX
Sec. 6 Recording of Tax Sale Certificates. It shall
not be necessary for any tax sale certificate, 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 Collector shall be all the notice of record
required to be kept to evidence the lien of such tax sale
certificates.
Sec. 7 Issuance of Duplicate Tax Sale Certificate. If
application be made to the City Council for issuance of a
duplicate tax sale certificate in lieu of a certificate
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 may
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 opposite 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.
Sec. 8 Transfer of Tax Sale Certificates. All tax
sale certificates issued, whether to the City of Cape
Canaveral or individuals, shall be transferable by en-
dorsement thereon, or transfer appended thereto, at any
time before they are redeemed, or a tax deed issued there-
on. 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.
Sec. 9 Redemption of Tax Sale Certificate. 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 hereafter certified or sold
to the City or to individuals shall be made at the office
of the City Tax Collector.
Sec. 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
Art. XIX CAPE CANAVERAL CHARTER Art. XIX 56
and before a tax deed is applied for or foreclosure pro-
ceedings commenced, 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,
together with the fee of One Dollar ($1. 00) for each cer-
tificate and subsequent taxes so redeemed; provided, how-
ever, that no one shall be required to pay in redemption
of a tax sale certificate, more than the amount paid the
City of Cape Canaveral for such certificate, together with
interest, cost and other legal charges. Interest on cer-
tificates sold, whether to the City or to an individual,
shall be at the rate of twelve percent (12%) per annum for
the first year, and eight percent (8%) per annum for the
time after the first year after the date of sale, but not
less than five percent (5%) of the face of the certificate
of 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 cancellation
shall be forthwith entered on the duplicate copies of the
tax sale list on file in the office of the City Tax Col-
lector 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 account the amount received for re-
demption 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
received 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 remain-
ing in such trust account of January first of any year
shall be disposed of in the same manner as that provided
for disposing of unclaimed tax deed moneys, as set out in
Article , Section , of this act.
Sec. 11 Redemption Receipts. Whenever any land covered
by certificates in the hands of individuals or of the City,
shall be redeemed 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 re-
demption, the land redeemed and the date, number and amount
of certificate or certificates from which the same is re-
deemed, which shall be substantially in the following form:
Art. XIX CAPE CANAVERAL CHARTER Art. XIX
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 dis-
crepancy to the City Clerk within ten (10) days.
CITY OF CAPE CANAVERAL,
FLORIDA
City Tax Collector
Sec. 12 Disposal of City-Owned Tax Certificates. Any
and all tax sale certificates which have heretofore or may
be hereafter issued by said City for nonpayment 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, for cash, after notice of
such sale has been published once a week for two consec-
utive weeks before the date of sale in issues seven (7)
days apart in a newspaper published within the County,
such advertisement to give the date when the certificates
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 herein-
after set out.
4. Sell same upon demand at full cash value.
Art. XIX CAPE CANAVERAL CHARTER Art. XIX 57
Sec. 13 Purchase of City-Owned Tax Certificates at Any
Time. At any time any person may purchase all tax certif-
icates 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 certificates 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 assignment 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 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 certificates
sold, stating the name of the assignee, the date of the
transfer and the amount received therefor.
Sec. 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 certificates he
may own covering the same land and purchase from the City
Tax Collector all outstanding 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 re-
ceipts , with the City Clerk. The certificate holder
shall pay to the City Clerk a fee of Five Dollars ($5 . 00)
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 certificate holder shall pay to the City
Clerk the estimated cost of publication. A separate
application is required as to each parcel of land assessed
on the City tax rolls.
Sec. 15 Notice of Application for Tax Deed. After
the proper fees have been paid, the City Clerk shall cause
a notice in substantially the following form to be
Art. XIX CAPE CANAVERAL CHARTER Art. XIX
published once a week for four (4) successive weeks , four
(4) publications, each one (1) week apart, before the date
of such sale in some newspaper of general circulation pub-
lished in the County of Brevard, Florida.
NOTICE OF APPLICATION FOR TAX DEED
Notice is hereby given that
holder of the Tax Sale Certificate No. , issued
the day of , A.D. , 19
has filed same in my office and has made application 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 sufficient amount to
redeem said certificate and tax liens and all costs accord-
ing 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 Canaveral , 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
Sec. 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.
Sec. 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 on record
against said property, if the address of such mortgage
Art. XIX CAPE CANAVERAL CHARTER Art. XIX 60
holder be known to the City Clerk; and the 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 there-
to; 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.
Sec. 18 Notice to Other Persons on Request. When the
certificate holder shall make written request 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 anyone 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 certif-
icate as to the mailing 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) ad-
ditional costs to reimburse him for the postage and ex-
pense incurred for each copy of Notice sent upon request
of the certificate holder, and not considered necessary
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.
Sec. 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 par-
ticular 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 pub-
lication of said Notice.
Sec. 20 Deadline of 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 des-
cribed may redeem same in the Office of the City Clerk by
paying to the City Clerk the amount required on the tax
Art. XIX CAPE CANAVERAL CHARTER Art. XIX
sale certificates 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 percent
(8%) per annum for one (1) month.
Sec. 21 Land Sold at Public Auction. All land ad-
vertised for sale, unless redeemed as provided in this
Charter shall be sold at Public Auction by the City Clerk
at the City Hall in the City of Cape Canaveral and such
sale shall be held only on the 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 sub-
sequent 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
percent (8%) per annum for one (1) month, shall be con-
sidered the bid of the certificate holder for the property,
and if there be no higher 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 highest bidder.
Sec. 22 Property Purchased by Other Than Certificate
Holders. If the property shall be 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 percent (8%) per annum. The balance
of the purchase price shall be retained by the City Clerk
and Notice forthwith mailed to the owner of such lands,
if his address be known to the City Clerk, that this sum
will be paid to him upon demand, 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 balance shall be paid to the owner,
less the sum of twenty-five (25) cents 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 .
Art. XIX CAPE CANAVERAL CHARTER Art. XIX 62
Sec. 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 un-
less 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 the funds 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 Dollar ($1. 00) on each
hundred dollars or fraction thereof, which shall be re-
tained 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.
Sec. 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
KNOWN 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 there-
on; and the applicant 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 expenses of this sale, and due notice
of sale having been published by the law, and no person
entitled so to do having prepared to redeem said land,
Art. XIX CAPE CANAVERAL CHARTER Art. XIX
such land 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, in consideration of the premises,
and in consideration 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 convey
to the said bidder named above and to his, or her, or its,
successors, heirs, legal representatives and assigns for-
ever, to their own proper use, benefit and behalf, the
following land situated in the City, County and State
aforesaid, and described as follows :
PROVIDED, HOWEVER, that said land shall continue sub-
ject and liable for any unpaid taxes or assessment liens
thereon not included herein.
IN TESTIMONY WHEREOF, 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 there-
unto set my official signature, 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 proceed-
ings from the valuation of the land by the Assessor to the
issuance of such tax deed, inclusive.
Sec. 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.
Art. XIX CAPE CANAVERAL CHARTER Art. XIX 64
Sec. 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 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
contesting the title of the grantee or his assigns to said
land.
Sec. 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 com-
plaint in Chancery to foreclose the lien of such tax sale
certificate, pursuant to the practice, pleading and pro-
cedure for foreclosure of mortgages on real estate, except
that no personal judgment shall be given. No suit shall be
brought on any tax sale certificate until after the expira-
tion of two (2) years from the date of the 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 complaint
shall briefly set forth the fact of the issuance of the
tax sale certificate and shall allege the amount 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.
Sec. 28 Final Decree. The final decree in any such
action shall determine the amount due on the sale cer-
tificate and omitted subsequent taxes and subsequent tax
sale certificates, including a reasonable attorney' s fee
and costs, and the property described in the certificate
Art. XIX CAPE CANAVERAL CHARTER Art. XIX
shall be ordered sold, and shall be sold to satisfy the
decree in the same manner as in the foreclosure of mort-
gages on real estate, and such decree shall have the force
and effect of a decree foreclosing a mortgage on real es-
tate. Any surplus remaining from any such sale shall be
deposited with the Clerk of the Court, and shall be dis-
bursed under order of the Court.
Sec. 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 there-
on and subsequent costs, the Special 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 expenses 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 decree foreclosing real estate.
Sec. 30 Master' s Deed. The purchaser at any sale in
suits for the foreclosure 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 pro-
cesses 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 Cer-
tificate of Title shall be indefeasible as to all parties
defendant in the action.
Sec. 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 deed therefor.
Sec. 32 Tax Sale Certificates Validated. All tax sale
certificates now held and owned by the City or by any per-
son, firm, or corporation, which are purportedly invalid
or voidable on account of any 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.
Art. XIX CAPE CANAVERAL CHARTER Art. XIX 66
Sec. 33 Tax Sale Certificate Evidence. Tax sale
certificates, signed by the City Tax Collector, shall be
admissible in evidence and shall be prima facie valid.
Sec. 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 un-
paid, with penalty, interest and costs, and in such cases
shall make such orders as to costs and attorney' s fees as
shall appear to be reasonable and just,.
Sec. 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 per-
formed 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
Issuance of Duplicate Tax Sale Certificate - - 1. 00
Registration of Transfer and Assignment
of Tax Sale Certificate 1. 00
For Conducting Tax Deed Sale and mailing
notice - 5. 00
Mailing 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 fraction
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 publication of Notice, on each
hundred dollars or fraction thereof 1. 00
Art. XIX CAPE CANAVERAL CHARTER Art. XX
Sec. 36 State Statutes Applicable. The provisions of
General Laws of Florida, relating to assessment and col-
lection of taxes by municipalities, where not inconsistent
with the provisions of this act, shall be applicable.
ARTICLE XX
FINANCING PUBLIC IMPROVEMENTS
Sec. 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, ex-
tending, comparing, reconstruction or improving streets,
alleys, lanes, roads and sidewalks, curbs, gutters, storm
sewers, sanitary sewers; establishing, constructing and
improving parks, playgrounds, public buildings, wharves,
piers, docks, bridges, causeways, seawalls, breakwaters
and harbor improvements, and reclaiming, filling or other-
wise improving low, wet or overflowed lands and the water-
front within the City limits, for establishing, maintaining,
and equipping a fire department, police department, san-
itary 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.
Sec. 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 aforesaid, which shall be payable from tax-
ation 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
municipal 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 secured by the lien of
assessments for public improvements, and all public
utility revenue bonds or certificates shall be excluded.
Art. XX CAPE CANAVERAL CHARTER Art. XX 6
Sec. 3 Revenue Bonds Authorized for Public Improvements.
The City of Cape Canaveral shall be authorized and empowered
to issue bonds or public improvement certificates 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.
Sec. 4 Revenue Bonds Authorized for Public Utilities.
The City Council shall be authorized to issue bonds or
revenue certificates for the purpose of constructing, ex-
tending, 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.
Sec. 5 Freeholders Election Required for General Obli-
gation 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.
Sec. 6 No Election Required for Revenue Bonds. Any
bonds or public improvement certificates payable from
assessments or public utility revenue may be issued in
the manner provided by law for said purposes, and no
election shall be required for the issuance of any of the
same unless an election shall be required under the pro-
visions of the Constitution of the State of Florida
governing the issuance of bonds by municipal corporation.
Sec. 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 opportunity 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 cer-
tificates for any purpose which shall be approved by the
freeholders.
Art. XX CAPE CANAVERAL CHARTER Art. XX
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, an not to exceed fifty (50) years
from the date thereof . Lord. No. 17-81, §1, 8 Oct 81;
Ord. No. 5-85, §1, 19 Feb 85]
Sec. 9 Bond Resolution or Ordinances Required.
Prior to the issuance of any such bonds or certificates
of indebtedness, the City Council shall by resolution
authorize the issuance of the same, fixing the aggregate
amount of the proposed issue, the denomination, the rate
of interest, the purpose for which the moneys 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.
Sec. 10 Sale of Bonds . The said bonds or certificates
of indebtedness shall be sold by the City at public letting
for competitive bidding at not less than ninety-five (95)
cents on the dollar, provided that public improvement
certificates 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.
Sec. 11 Conflict of Interest. No member of the City
Council or any officer of the City shall be directly or in-
directly interested in the purchase from the City of any
bonds or other obligations 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 dollars ($100 .00) .
PAGE REVISED
19 FEB 85
Art. XX CAPE CANAVERAL CHARTER Art. XXI 70
Sec. 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 pub-
lic improvement certificates payable only from special
assessments for public improvements or public utility
revenue certificates payable only from revenues of public
utilities.
Sec. 13 Temporary Borrowing by City. When necessary
to supply deficiencies in revenue, to provide for emergen-
cies, 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. [Ordinance No. 9-74 , 7 May 1974]
ARTICLE XXI
ELECTIONS
Sec. 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 Voter Qualifications, Method of Handling Election,
Registration, Disqualification, Inspection of Registration
Records.
A. Regular Election. The regular municipal elections
shall be held on the first Tuesday following the first
Monday in November each year. [Amended by Referendum
Election, 11 Mar 1980]
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 require-
ments 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 in-
spection of records . The City may adopt the single per-
manent registration system as set forth in State Statutes.
Art. XXI CAPE CANAVERAL CHARTER Art. XXI
C. Elected Councilmen. The newly elected City Council-
men 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. [Amended
by General Election, 6 Jun 1972]
Sec. 3 through 6 - [Deleted by General Election, 6 Jun 72]
Sec. 7 Registration Fee. There shall be no fee required
for registration in the City of Cape Canaveral.,
Sec. 8 Arrangements for Elections. The City Council
shall make all necessary arrangements for holding all
municipal elections, and shall declare the results thereof .
Sec. 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 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.
Sec. 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 percent (300) 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 thrity (30)
days after the presentation of the petition or petitions to
fill the place or places of any officer or officers so peti-
tioned against, such elections to be held in accordance with
the provisions of this act for regular municipal elections.
Sec. 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:
Art. XXI CAPE CANAVERAL CHARTER Art. XXI 72
A. Malfeasance
B. Misfeasance
C. Nonfeasance
Sec. 12 Initiative Petition for Ordinance. Any law-
ful 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
percent (25%) of the total number of registered voters
in the City. All petitions circulated with respect to
any proposed ordinance shall set out the proposed or-
dinance in full and shall have printed or written there-
on 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 sig-
natures to any 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 pres-
ence of the affiant on the date indicated.
Sec. 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 signature thereon, and when so
filed the City Clerk shall submit the same to the City
Council at its next regular meeting and provisions shall
be made by the City Clerk for public hearing upon the
proposed ordinance.
Sec. 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 proposed 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 pro-
ceed to submit the passage of the ordinance to the majority
Art. XXI CAPE CANAVERAL CHARTER Art. XXI
vote of the qualified electors of the City voting in such
an election. 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 or-
dinance to be published in a newspaper of general cir-
culation published in the County of Brevard, Florida.
Sec. 15 Petition Effect on Pending Ordinance. When
the initiative petition is for an ordinance repealing or
amending an ordinance which has been enacted, but is not
yet effective, the offending ordinance shall not go into
effect until after the initiative referendum has been
held and the provisions of the original ordinance upheld.
Sec. 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 fol-
lowing 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.
Sec. 17 Repeal of Ordinances Adopted by Referendum.
Ordinances adopted by referendum vote can be amended or
repealed only by a referendum vote, but the proposition
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 notice of such reference to
be published in a newspaper of general circulation pub-
lished in the County of Brevard, Florida, using only the
title of such ordinance in the notice if it is to be re-
pealed, but the amendment in full if it is to be amended.
Said notice to be posted in three public places if there
be no newspaper published in the city.
Art. XXI CAPE CANAVERAL CHARTER Art. XXII 74
Sec. 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.
Sec . 19 Filing Fee . The City Council shall provide
by ordinance for a filing fee for all candidates qualify-
ing 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
Sec. 1 Structures . The existence of dilapidated, un-
sanitary or unsafe buildings or structures constitutes a
menance to the public health and safety, and as such they
are hereby declared to be a nusiance . The City Council
shall have the power and authority to abate such nuisances
by condemning 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 .
Sec . 2 Wet Lands . The existence of marsh, swamp, wet
or overflowed lands provides breeding places for mosquitoes
and dangerous reptiles , produces unpleasant odors , stenches
and smells, and is otherwise dangerous to the health, com-
fort, 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 over-
flowed land to ditch, drain or fill the same .
Sec. 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
dangerous reptiles , increases the danger of fires and
the spread thereof , and produces unpleasant odors, stenches
and smells and is otherwise dangerous to the health, com-
fort, convenience and general welfare, and the existence
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 lum-
ber, or other waste material, sawdust or debris of any
Art. XXII CAPE CANAVERAL CHARTER Art. XXII
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 .
Sec. 4 Procedure to Abate Nuisance. If any officer of
the City shall find any nuisance, as set forth in this
Article, to exist on any lands within the City, he is
hereby authorized and empowered and directed to give the
owner of such land notice to abate nuisances 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 ser-
vice thereof, why the same should not be declared to be
a nusiance 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 condition 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 inspection, the City Council shall de-
termine that a nuisance exists, it may enter an order re-
quiring the owner to abate said nuisance within a reason-
able time, not less than ten (10) days nor more than thirty
(30) days from the date of such order.
Sec. 5 Procedure as to Unknown Property Owners. If
the name of the owner of said property is unknown 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 address of said property
owner is unknown to such officer or City Clerk, the notice
provided in Section 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 author-
ize the City Council to proceed in the manner provided by
Section 4.
Sec. 6 Majority of Council may Act. In any proceeding
had under this Article a majority of the City Council may
act, and the presence of the full Council shall not be
required.
Sec. 7 One Order Affects Several Parcels. Where notice
shall have been given in the manner provided herein to the
Art. XXII CAPE CANAVERAL CHARTER Art. XXII 76
owners of more than one parcel of property, the City Council
may in one order determine that said nuisance exists as to
all of said properties, 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.
Sec. 8 Authority of City Council - Penalties. The City
Council shall have the authority and power to provide pen-
alties by fines or imprisonment, or by both fine and im-
prisonment, for the violation of any order so entered.
Sec. 9 Failure to Comply with Order. If any owner of
any property shall fail to comply with the order of the
City Council within the time specified in said order, the
City, acting by and through any officer, agent or employee,
may enter upon the property 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 may be re-
quired 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 percent (10%) 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
constitute 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 same, and if not paid within said time, shall bear
interest after one (1) month from the date thereof at the
rate of one (1) percent per month until paid. Upon pay-
ment of the amount due for said work the City Clerk shall
enter on said record the fact and date of payment thereof,
and such entry of payment by the City Clerk shall constitute
a discharge of the lien.
Sec. 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, pro-
vided the notice required by Section 4 and Section 5 of
this Article shall have been given. The entry of such
Art. XXII CAPE CANAVERAL CHARTER Art. XXII
lien shall be competent and sufficient (evidence) and prima
facie evidence of the necessity 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 defendant 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 affirmatively alleging and proving
such defense shall be upon the defendant.
Sec. 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, with-
in thirty (30) days after the same 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
certified 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 foreclose 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 notice and the entry
of the order for the abatement of said nuisance, the fail-
ure 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 pro-
ceedings therein, and the sale of said property in said
foreclosure proceedings shall be the same as is provided
by law for the foreclosure 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 purchaser
in the same manner and to the same effect as suits to fore-
close liens for taxes.
Art. XXII CAPE CANAVERAL CHARTER Art. XXIII 78
Sec. 12 Attorneys Fees. The City Attorney shall be en-
titled to a fee of five percent (5%) 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 fore-
close said liens wherein the City shall prevail he shall
be entitled to a reasonable attorney' s 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 nonpayment 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 in-
cluded in the cost in the event of foreclosure.
Sec. 13 Complaint to Foreclose Lien. The City Attorney,
in foreclosing said liens, may include in one bill of com-
plaint as many parcels of land and as many and varied de-
fendant owners, mortages 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 seeking the foreclosure of taxes. No such bill
of complaint shall be deemed multifarious , and it shall be
no objection to the same, that liens upon more than one
parcel of land, or liens for taxes, or more than one de-
fendant, are included in the same bill of complaint.
ARTICLE XXIII
EXTENSION OF THE CORPORATE LIMITS
Sec. 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 Flor-
ida; 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 adoption and no land shall be
annexed by this method except lands owned by the person
requesting such annexation; or
Art. XXIII CAPE CANAVERAL CHARTER Art. XXIV
3 . Upon written request of ten percent (10%) of the
qualified electors residing in any area contiguous 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 required, and it
shall become effective upon its adoption. The election
held under this paragraph shall be held and conducted in
the same manner as regular municipal elections under this
act; and the term "qualified elector" as used in this
paragraph 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 subscribed 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 des-
cribed 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 news-
paper published in Brevard County, Florida, and having a
general circulation in the City, and said resolution shall
become effective ten (10) days after the last 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
Sec. 1 Building Codes. The City Council of the City
of Cape Canaveral shall have the power to adopt a building
code, an electrical code and a plumbing code not inconsis-
tent with the laws of the State of Florida, in the premises,
regulating the manner of construction of buildings and ma-
terials 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.
Art. XXIV CAPE CANAVER11L CHARIER Art. XXIV 80
Sec. 2 Constitutional Provision and Severability. That
if for any reason any section or provision of this act
shall be adjudged unconstitutional or otherwise inoperative,
such facts shall not be held to affect any other section or
provisions1of_ this act contained, but such other sections
or provisions shall remain in full force and effect-as if
the sections or provisions adjudged unnconstitutionaI or
inoperative had not been originally incorporated in this
act.
Sec. 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, com-
mission 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,
department, board, commission or agency are by this act
assigned to another office, department, board, commission
or agency, and all records, property and equipment relating
exclusively thereto shall be transferred and delivered to
the office, department, board, commission or agency to
which such powers and duties are so assigned.
Sec. 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 pas-
sage of any ordinance pursuant to this act shall be final
and no further passage shall be required. [Ord. No. 20-81,
1, 17 Nov 1981]
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
REVISED PAGE
11-17-81
Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV
caused the amended sections to be posted at least once,
together with a Notice of the Council meeting when such
amended ordinance will be further considered, which post-
ing shall be for a period of at least five (5) days prior
to the time stated. At the Council meeting so posted, or
at any Council meeting to which such meeting shall be ad-
journed, 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 conditions. The
second passage of any ordinance pursuant to this act shall
be final and no further passage shall be required.
4 . Emergency Ordinance. The City Council may by un-
animous vote of 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 ordinance 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 Emergency Ordinance shall
expire at the end of the thirty (30) day period. The City
Council may pass an Emergency Ordinance whenever, in the
opinion of the City Council, the public welfare will be
best served by the 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
publication 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
Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV 82
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 pub-
lish 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 require-
ments as to signature herein provided, shall not affect
the date at which the ordinance shall become effective.
Sec. 5 General Statutes of the State of Florida. The
City of Cape Canaveral shall have all the power, privi-
leges 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 same
are hereby made a part of the Charter.
Sec. 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.
Sec. 7 Investigative 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 investigated; 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 purpose may
issue subpoenas or attachments which shall be signed by
the president or chairman of the body, or by the officer
making the investigation, and shall be served by an
officer authorized to serve such process. The authority
making such investigation shall have power to cause the
testimony to be given under oath, such oath to be adminis-
tered by some officer having authority under the law of
the State of Florida to administer oaths. Failure to
obey such subpoena or to 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 imprisonment not to exceed sixty (60) days, or both.
Sec. 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.
Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV
Sec. 9 Gender. Whenever in this act the masculine
personal pronoun is used it shall be considered to mean
either masculine or feminine. No woman shall be dis-
qualified for any position in the City Government because
of her sex.
Sec. 10 Continuance of Officers and Ordinances. All
officers heretofore elected or appointed and holding
office under the said municipality shall continue to hold
their respective offices and to discharge 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 un-
impaired 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 ordinance passed in a manner other than
as provided by this act is hereby repealed and held void.
Sec. 11 Freedom from Tort Liabilities. No suit shall
be maintained against the City of Cape Canaveral for dam-
ages 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 neg-
ligence 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 thrity (30) 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 damage as may be agreed upon by the City Council.
Sec. 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 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
Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV 84
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.
Sec. 13 Benefit from Contracts Prohibited. No member
of the City Council or officer, agent or employee of the
City shall benefit, directly or indirectly, in any contract
with the City of Cape Canaveral, nor shall such member,
officer, agent or employee accept personal gifts, gratu-
ities or services given with the intention of influencing
his consideration, vote, action, favor or rendering of
service on City matters.
Sec. 14 This bill shall take effect immediately upon
becoming a law.
[Became a law without the Governor ' s approval. Filed
in Office Secretary of State May 16, 1963]