HomeMy WebLinkAboutcocc_resolution_no_2024-08_20240820RESOLUTION NO. 2024-08
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
FLORIDA; AMENDING RESOLUTION NO. 2023-21 AND RATES
AND CHARGES AND OTHER TERMS AND CONDITIONS
FOR PUBLIC EV CHARGING STATIONS OPERATED BY THE
CITY ON CITY OWNED OR CONTROLLED PROPERTY;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the home rule authority, under Section 2(b), Article VIII, of
the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Council previously adopted Resolution No. 2023-21 establishing rates
and charges and other terms and conditions for public EV charging stations operated by the City
on City owned or controlled property in accordance with Section 366.94(1), Florida Statutes which
states that the provision of electric vehicle charging to the public by a nonutility is not the retail
sale of electricity for the purposes of being regulated by the Florida Public Service Commission
under Chapter 366, Florida Statutes. Therefore, the rates, terms, and conditions of electric vehicle
charging services by a nonutility are not subject to regulation under Chapter 366, Florida Statutes,
and Chapter 366 does not affect the ability of individuals, businesses, or governmental entities to
acquire, install, or use an electric vehicle charger for their own vehicles; and
WHEREAS, based on the home rule powers vested in the City under the State Constitution,
and the applicable provisions of Chapter 366, Florida Statutes, the City Council hereby desires to
amend Resolution No. 2023-21 to authorize night-time operation of certain EV charging
stations to increase availability, accessibility and revenues; and
WHEREAS, the City Council hereby also finds that this Resolution is in the best interests
of the public health, safety and welfare of the citizens of the City of Cape Canaveral and general
public.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Amendment Rates and Charges Schedule. The following provisions of Section
2 (D) and (E) of Resolution No. 2023-21 are hereby amended and replaced in their entirety as
follows:
D. Idle Fee: For purposes of increasing turnover and public availability of the
charging stations an "idle fee" will be applied until the recharging plug is removed,
according to the following schedule:
(i) For charging sessions that begin between 6:30 a.m. and 9:30 p.m., an idle
fee of $0.15 per minute.
City of Cape Canaveral
Resolution No. 2024-08
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(ii) For charging sessions that begin after 9:30 p.m. and end before 6:30 a.m.,
an idle fee of $0.00 per minute.
(iii) For charging sessions that begin before 6:30 a.m. and end after 6:31 a.m.,
an idle fee of $0.15 per minute shall begin at 6:31 a.m.
E. Other Terms and Conditions of Usage:
(i) All EV charging stations located at Manatee Sanctuary Park, Banana River
Park, and Canaveral City Park will be programmed to cease operations at 9:30 p.m. every
evening, and resume operations at 6:30 a.m. every morning. EV charging stations located
at City Hall will remain available at all times. However, whenever a tropical storm, hurricane
warning, evacuation order or other emergency event exists, the City Manager may modify
the operational schedule of any or all EV charging stations for the duration of the event.
(ii) Any provision of the City Code prohibiting or limiting overnight parking on
City owned property (including City parks such as Manatee Sanctuary Park, Banana River
Park, and Canaveral City Park) shall remain in full force and effect.
All other provisions of Resolution No. 2023-21 not amended by this Section 2 shall remain in full
force and effect.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Reporting Resolution to State. Pursuant to Florida Statutes § 377.815(3),
the City, as an owner or operator of an electric vehicle charging station that is available for
public use, may report the station's name, address, or location, and the fees or costs
associated with the electric vehicle charging services provided by the station, to the Florida
Department of Agriculture and Consumer Services.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption.
[Adoption Page Follows]
City of Cape Canaveral
Resolution No. 2024-08
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ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 20th day of August 2024.
ATTEST:
Mia Goforth, CMC,
City Clerk
Wes Morrison, Mayor
Name FOR AGAINST
Kim Davis x
Kay Jackson x
Mickie Kellum Motion
Wes Morrison x
Don Willis Second
Approved as to legal form and sufficiency
For th ity of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2024-08
Page 3 of 3
SEAL OF CAPE CANAVERAL, FLORIDA