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HomeMy WebLinkAboutOrdinance No. 09-2010ORDINANCE NO. 09-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 2, 2010 GENERAL ELECTION OR AN ELECTION SCHEDULED THEREAFTER; PROVIDING FOR REFERENDUM QUESTIONS PROPOSING THE ADOPTION OF A NEW, UPDATED CITY CHARTER AND PROPOSING MAYOR AND COUNCILMEMBER TERM LIMITS; PROVIDING FOR A NOTICE OF CITY OF CAPE CANAVERAL CHARTER REFERENDUM QUESTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the 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 appointed a ten - member Charter Review Committee to review the City Charter and make recommendations to the City Council for changes deemed advisable; and WHEREAS, pursuant to Resolution 2009 -06, the Charter Review Committee performed a comprehensive review of the current City Charter and prepared a draft revised City Charter for consideration by the City Council; and WHEREAS, the City Council and Charter Review Committee conducted several joint workshops, at which the proposed revisions to the City Charter were studied and discussed; and WHEREAS, during the joint workshops, the City Council provided direction regarding the preparation of referendum ballot questions to be submitted to the voters of the City of Cape Canaveral; and WHEREAS, the City Council finds that the proposed referendum ballot questions should be submitted to the City electorate for its consideration and final approval or disapproval; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: City of Cape Canaveral Ordinance No. 09 -2010 Page 1 of 6 SECTION 1. Referendum Election. A referendum election is hereby called and scheduled to be held on the 2nd day of November, 2010, or such other date as may be authorized by law, to determine whether the ballot questions appearing in Sections 2 & 3 herein shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Each question appearing on the ballot with the referendum questions shall be voted on separately and approved or disapproved based on its own merit. Such referendum election shall be held and conducted in the manner prescribed by law. The places for voting in such referendum election shall be such locations as shall otherwise be established for the general election on November 2, 2010 or such other date as may be authorized by law. All duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said election. SECTION 2. Charter Amendment Proposing Adoption of New City Charter. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Cape Canaveral approve the adoption of an updated and reorganized City Charter based substantially on the latest edition of the National Civic League's Model City Charter and updating Charter provisions consistent with applicable Florida law. This amendment would repeal the existing City Charter and replace it in its entirety with the new City Charter document. The existing City Charter proposed for repeal is set forth in its entirety for reference purposes only in Exhibit "A," attached hereto and incorporated herein by this reference. The revised City Charter proposed for adoption is set forth in its entirety in Exhibit "B," attached hereto and fully incorporated herein by this reference. (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section 1 of this Ordinance, the following question shall be placed on the ballot by the Brevard County Supervisor of Elections: CAPE CANAVERAL CHARTER AMENDMENT NEW CITY CHARTER Shall the current City Charter be repealed and replaced in its entirety with an updated and reorganized City Charter, based substantially on the latest edition of the National Civic League's Model City Charter, and updated in accordance with State law? Yes, For Charter Amendment No, Against Charter Amendment SECTION 3. Charter Amendment Proposing Mayor & Councilmember Term Limits. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Cape Canaveral approve an amendment to the City Charter which, if approved, will establish term limits for the Mayor and members of the City Council. The proposed amendment would prohibit a person from serving more than two (2) consecutive elected City of Cape Canaveral Ordinance No. 09 -2010 Page 2 of 6 terms as Mayor or Councilmember, except that a person who has served two (2) consecutive elected terms of office as a member of the Council may then qualify and be elected for two (2) additional consecutive elected terms as Mayor. Other than the consecutive term limitations, the proposed amendment does not otherwise limit the total number of terms persons may serve as Mayor or Councilmember. (1) Text of Charter Amendment. The proposed amendment to the City Charter is as follows ( underlined text represents an addition to the City Charter): Terms of Office. There shall be no limit on the total number of terms the Mayor or councilmembers max serve, except that no person shall be elected to more than two (2) consecutive elected terms as Mayor or councilmember. However, this limitation shall not prohibit a person who has served two (2) consecutive elected terms of office as councilmember from qualifying and being elected for two (2) additional consecutive elected terms as Mayor. The accruing of consecutive terms shall include only those terms beginning with the November 2, 2010 general election and all other terms arising out of subsequent elections. (2) Incorporation of Amendment into the City Charter. (i) If both ballot questions set forth in this Ordinance are approved by a majority of the qualified electorate voting in the referendum election, the Charter amendment proposed by this Section 3 shall be incorporated into the new City Charter at Section 2.06(c), entitled "Terms of Office." (ii) If the ballot question set forth in Section 2 of this Ordinance (new City Charter) is not approved by a majority of the qualified electorate voting in the referendum election, and the ballot question set forth in this section 3 (term limits) is approved, the Charter amendment proposed by this Section 3 shall be incorporated into the existing City Charter at Article III, Section 1, which shall be entitled "Qualifications of mayor and councilmembers; term limits." (B) Ballot Question. Concurrent with the general election scheduled for November 2, 2010 or as authorized in Section I of this Ordinance, the following question shall be placed on the ballot by the Brevard County Supervisor of Elections: City of Cape Canaveral Ordinance No. 09 -2010 Page 3 of 6 CAPE CANAVERAL CHARTER AMENDMENT MAYOR AND COUNCILMEMBER TERM LIMITS This amendment imposes term limits on the Mayor and Councilmembers by prohibiting persons from serving more than two consecutive elected terms as Mayor or Councilmember with the exception that persons having served two consecutive elected terms as Councilmember may then qualify and be elected for two additional consecutive terms as Mayor. Other than the consecutive term limitations, there shall be no limit on the total number of terms persons may serve as Mayor or Councilmember. Yes, For Charter Amendment No, Against Charter Amendment SECTION 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard County to include the above - described questions on the ballot concurrent with the general election to be held on November 2, 2010 or as authorized in Section 1 of this Ordinance. SECTION 5. Notice of Referendum Election. General notice shall be first published at least thirty (30) days prior to the November 2, 2010 general election or the date that the election is actually held in accordance with Section 1 of this Ordinance. The publication of said notice shall be made at least co twice, once in the fifth week and once in the third week prior to the week in which the election is held, in the manner provided in section 100.342, Florida Statutes, and substantially in the form attached hereto as Exhibit "C" or as otherwise lawfully provided. SECTION 6. Payment of Referendum Expenses. The City Manager is hereby authorized and directed to approve the payment of lawful expenses associated with conducting the City Charter referendum election. SECTION 7. Voter Registration Books. The Supervisor of Elections for Brevard County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City Charter referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Cape Canaveral. SECTION 8. Election Administration. The City Charter referendum shall be held and conducted in the manner prescribed by law and shall be as soon as practicable, be returned and canvassed in the manner prescribed by law. The result shall show the number of qualified electors who voted at such Charter referendum and the number of votes cast respectively for and against approval of the City Charter. Upon certification in the manner prescribed by law, the results shall be recorded in the minutes of the City Council of the City of Cape Canaveral and upon this Ordinance. City of Cape Canaveral Ordinance No. 09 -2010 Page 4 of 6 SECTION 9. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 10. Recitals. The foregoing recitals contained in the whereas clauses are hereby fully incorporated herein by this reference as material legislative findings of the City Council of the City of Cape Canaveral. SECTION 11. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida; however, each of the ballot proposals in Sections 2 &3 shall only become effective, independent of any other ballot proposal, if a majority of the registered electors of the City of Cape Canaveral, Florida, who vote at the referendum election required by this Ordinance, approve the specific ballot question. The City Clerk is directed upon adoption of any of the proposed ballot proposals to promptly file any of the revised Charter approved by the registered electors of Cape Canaveral with the State of Florida, Department of State, as required by Section 166.031, Florida Statutes. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th of August , 2010. ROCKY RANDEL , Mayor ATTEST: Bob Hoog Buzz Petsos ANG LA APPER96N, City Clerk Rocky Randels C. Shannon Roberts Betty Walsh First Reading:' ,_,_ -_- August 2, 2010 Legal Ad published: August 6, 2010 Second Reading: August 17,2010 Approved to legal form and sufficiency for the Ci e Canaveral only: ANTHON . GARGANESE, City Attorney Election Results: Section 2. New City Charter For Amending the Charter: Against Amending the Charter: For Against x motion x secon x City of Cape Canaveral Ordinance No. 09 -2010 Page 5 of 6 Section 3. Term Limits of Mayor and Councilmembers For Amending the Charter: Against Amending the Charter: 11 City of Cape Canaveral Ordinance No. 09 -2010 Page 6 of 6 Exhibit "A" Ordinance 09 -2010 C , PART I CHARTER* Article I. [General Provisions) Sec. 1. [Present city abolished.) Sec. 2. Incorporation of the City of Cape Canaveral. Sec. 3. Sovereignty. Sec. 4. Form of government. Sec. 5. Reorganization of officers. Article II. General Powers Sec. 1. Extension of general powers. Article III. Elected Officers, Qualifications and Terms Sec. 1. Qualifications of mayor and councilmembers. Sec. 2. Appointed officers. Sec. 3. Compensation of officers. Sec. 4. Vacancies in elected offices. Article VI. City Manager Sec. 1. Appointment. Article VII. City Attorney Sec. 1. Qualifications. Sec. 2. Duties. Sec. 3. Compensation. Article VIII. City Clerk Sec. 1. Appointment and duties. Article IX. City Tax Assessor Article X. City Tax Collector *Editor's note — Printed herein is the Charter, as adopted by Laws of Fla., ch. 63.1197. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Provisions which are obsolete have been italicized at the direction of the city. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. WIN Article W. The Mayor, Powers and Duties Sec. 1. Duties of the mayor. Sec. 2. Additional duties. Sec. 3. Election of mayor. Article V. The City Council, Organization and Powers Sec. 1. Meetings. Sec. 2. Rules of procedure. Sec. 3. Quorum. Sec. 4. Election of mayor and mayor pro tem. Article VI. City Manager Sec. 1. Appointment. Article VII. City Attorney Sec. 1. Qualifications. Sec. 2. Duties. Sec. 3. Compensation. Article VIII. City Clerk Sec. 1. Appointment and duties. Article IX. City Tax Assessor Article X. City Tax Collector *Editor's note — Printed herein is the Charter, as adopted by Laws of Fla., ch. 63.1197. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Provisions which are obsolete have been italicized at the direction of the city. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. WIN CAPE CANAVERAL CODE Article XI. City Treasurer Sec. 1. Appointment and duties. Article XII. Municipal Court Article XIII. Police Department Sec. 1. Continuance of present law enforcement. Sec. 2. Clarification of titles. Sec. 3. Duties of chief of police. Sec. 4. Arrest. Sec. 5. Extending police jurisdiction. Sec. 6. Traffic summons. Article XIV. Fire Department Sec. 1. Authorization of fire department. Sec. 2. Volunteer fire department. Sec. 3. Duties of fire chief. [Sec. 4. Fire protection services.] Article XV. Public Works Sec. 1. Creation of department of public works. Sec. 2. Water department. Article XVI. Boards and Agencies Sec. 1. Department of public health. Sec. 2. Zoning and planning board. Sec. 3. Recreation board. Sec. 4. Recommendations. Article XVII. General Finance Provisions, Budget, Audit and Purchasing Sec. 1. Fiscal year. Sec. 2. Budget committee. Sec. 3. General budget requirements. Sec. 4. Public hearing on budget required. Sec. 5. Adoption of budget. Sec. 6. Expenditures limited to budget. Sec. 7. Quarterly review of budget required. Sec. 8. Deposit of city money and security required. Sec. 9. Annual audit required. Sec. 10. [Purchasing policy and procedures.] Article XVIII. Revenue and Taxation Article =. Collection of Delinquent Taxes Article XX. Financing Public Improvements Article XXI. Elections Sec. 1. Rules prescribed by ordinance. Sec. 2. Voter qualifications, method of handling election, registration, dis- qualification, inspection of registration records. CHT:2 Secs. 3 -6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11, Sec. 12. Sec. 13. Sec. 14. Sec. 15. Sec. 16. Sec. 17. Sec. 18. Sec. 19. CHARTER [Reserved.] Voter registration. Arrangements for elections. Voting hours and results. Recall of elected officers. Reasons for recall. Initiative petition for ordinance. Filing of initiative petition. Procedure on initiative petition. Petition effect on pending ordinance. Referendum ballot form. Repeal of ordinances adopted by referendum. City attorney to draft ordinances. Filing fee. Article XXII. Abatement of Nuisances Article XXIII. Extension of the Corporate Limits Article XXIV. Miscellaneous Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Sec. 13. Sec. 14. C�] Building codes. Constitutional provision and severability, Transfer of records. Procedure for passage of ordinances. General Statutes of the State of Florida. Conflicting laws. Investigative procedures. Nepotism. Gender. Continuance of officers and ordinances. Freedom from tort liabilities. Notice of damage claim required. Benefit from contracts prohibited. [Effective date.] CHT:3 11 11 N AN ACT TO ABOLISH THE PRESENT MUNIC- IPALITY OF THE CITY OF CAPE CANAVERAL IN BREVARD COUNTY, FLORIDA, AND TO CREATE, ESTABLISH AND ORGANIZE A MU- NICIPALITY TO BE KNOWN AND DESIG- NATED AS THE CITY OF CAPE CANAVERAL, TO BE LOCATED IN BREVARD COUNTY, FLORIDA; TO DEFINE ITS BOUNDARIES; TO PROVIDE FOR AND PRESCRIBE ITS GOVERN- MENT, JURISDICTION, POWERS, DUTIES, FRANCHISES AND PRIVILEGES; TO AUTHO- RIZE 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 ENFORCE- MENT OF THE SAME; AND TO PROVIDE THAT THE TITLES, RIGHTS AND OWNER- SHIPS OF PROPERTY, UNCOLLECTED TAXES, DUES, CLAIMS, JUDGMENTS, DE- CREES, 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. [GENERAL PROVISIONS] Sec. 1. [Present city abolished.) The present municipal corporation of the City of Cape Canaveral in Brevard County, Florida, is hereby abolished. Sec. 2. Incorporation of the City of Cape Canaveral. That a municipal corporation under and by the name of City of Cape Canaveral is hereby created, organized and established 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 described as follows: The tract of land situated in Sections 14, 15, 16, 17, 20, 21, 22, 23, 26, 27, 28 and 29 of Township 24 CHARTER Art. I, § 2 South, Range 37 East and being all of that land lying south of the South limits of the Cape Canav- eral Missile Test Annex, now known as Canav- eral Port Authority, extended westerly to the center line of the established ship channel in the Banana River, and extended easterly to a point in the Atlantic Ocean 1,000 feet east of the mean high water line of the Atlantic Ocean, and north of a line described as follows: Beginning at the intersection of a westerly ex- tension 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, Florida, and the center line of the established channel of Banana River; thence along such westerly exten- sion 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) approxi- mately 2,440 feet to a point in the middle of Block 73, in the Avon -by- the -Sea subdivision which is the point separating Lot 1 and Lot 9 in said Block 73, thence easterly along the rear line of the lots in Blocks 73, 74, 75, and 76, being the blocks bounded on the North by Johnson Avenue and on the South by Grant Avenue to the intersection of this line with the mean high water line of the Atlantic Ocean, 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 paralleling the shoreline and 1,000 feet East of the mean high water line of the At- lantic 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 littoral and riparian rights per- taining thereto. Together with: Lots 13 through 20 inclusive, Banana River Es- tates, as recorded in Plat Book 10, Page 1, of the Public Records of Brevard County, Florida. Together with: Lots Six (6) through Nine (9) inclusive, in Block Seventy -five (75) according to the Plat of Avon -By- CHT:5 Art. I, § 2 CAPE CANAVERAL CODE rw The -Sea Subdivision, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Together with: Lots 9 through 12, Block 73, Avon -By- The -Sea Subdivision, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. (Ord. No. 11 -93, § 1, 6- 15 -93) Sec. 3. Sovereignty. That said corporation shall have perpetual suc- cession 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 proceed- ings; 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 r without the territorial limits of said munici- ality, in trust for public, charitable, or other pur- poses, and do all acts and things necessary or ap- propriate 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 munici- pality for parks, playgrounds, roads, disposal plants, waterworks, electric light plants, ice plants, gas plants, and the erection, maintenance and op- eration of municipal buildings, works and con- structions of every kind and character, including municipal offices, schools, courthouse, fire and po- lice 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 con- struction for all other purposes that said munici- pality, through its proper authorities, may deem necessary or proper for the welfare of said munic- ipality, of the inhabitants thereof, and may exer- cise all other powers herein conferred. State law reference — Municipal home rule powers, F.S. AdPk 166. 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 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. b. 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 Councilmembers shall be two years. The present Councilmembers or their successors shall continue in office until the first election of Councilmembers held under the provisions of this act. The three Councilmembers 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 Coun- cilmember elected shall serve for a term of two years or until their successors shall be elected and qual- ified. In the even - numbered years, the three candi- dates, respectfully, receiving the highest number of votes, shall be deemed elected. Such other of- fices as may exist at this time shall be abolished unless authorized by the provisions of this act. Com- mencing with the general city election held in 1971, two Councilmembers shall be elected for a period of three (3) years; commencing with the general city election in 1972, two Councilmembers shall be elected for a period of three (3) years; thereafter each Councilmember elected shall serve a term of three (3) years, or until a 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 ofMayor 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 a successor shall be elected and qualified. (Amended by election, 6 -2 -70; Ord. No. 38 -93, § 1, 10- 19.93) CHT:6 CHARTER §1 ARTICLE II. GENERAL POWERS* 8. -28. [Reserved] Editor's note — Subsections 8.-28., which Sec. 1. Extension of general powers. have not been amended by referendum after July 1, 1973, and which are not extraterrito- rial powers, have been editorially deleted as The city shall have the powers, functions and superseded by state law or unnecessary as immunities granted to municipal corporations by home rule powers of a municipality are de- the Constitution and the general laws of the State rived from the constitution and F.S. ch. 166. of Florida, as now or hereafter existing, together 29. To drain swamp, marsh, overflow and with the implied powers necessary to carry into lowlands within or without the City for execution all the powers granted. The enumera- the betterment of sanitary conditions tion of particular powers by this act shall not be within the City; deemed to be exclusive, and in addition to the 30., 31. [Reserved] powers enumerated herein or implied hereby, or Editor's note — Subsections 30. and 31., appropriate to the exercise of such powers, it is which have not been amended by referendum intended that the City shall have and exercise all after July 1, 1973, and which are not extra- powers authorized by general laws of Florida territorial powers, have been editorially de- leted as unnecessary as home rule powers of a which it would be competent for this act to spe- municipality are derived from the constitu- cifically enumerate. The following are among the tion and F.S. ch. 166. powers of this City, subject to the limitations 32. To acquire, own, operate, lease, construct hereinafter expressed: and maintain incinerators, sanitary land 1. To purchase, lease, receive and hold prop - fills or other means of garbage and trash erty, real, personal and mixed, both within disposal within or without the corporate and without its corporate limits, and to limits of the City; lease, sell or otherwise dispose of the 33. -38. [Reserved] same for the benefit of the City; Editor's note — Subsections 33. -38., 2. To acquire title to submerged lands and which have not been amended by referendum riparian rights and easements or rights- after July 1, 1973, and which are not extra - of -way with or without restrictions, within territorial powers, have been editorially de- leted as unnecessary as home rule powers of a or without the corporate limits Of the City; municipality are derived from the constitu- tion and F.S. ch. 166. 3. -6. [Reserved] 39. To pass such ordinances as may be neces- Editor's note—Subsections 3.6., which sary to protect and preserve peace and have not been amended by referendum after July 1, 1973, and which are not extraterrito- order upon all property owned, leased, rial powers, have been editorially deleted as managed or controlled by the City outside superseded by state law or unnecessary as its corporate limits; home rule powers of a municipality are de- rived from the constitution and F.S. ch. 166. 40. -60. [Reserved] 7. To construct, regulate, improve and main- Editor's note — Subsections 40. -60., which have not been amended by referendum tain canals, rivers and other waterways, after July 1, 1973, and which are not extra - and to control the development and use of territorial powers, have been editorially de- such natural or artificial streams or bod- leted as superseded by state law or as unnec- ies of water inside its corporate limits, or essary as home rule powers of a municipality outside its corporate limits where neces- are derived from the constitution and F.S. ch. 166. sary for the health, safety and general welfare of the citizens of the City; 61. The City of Cape Canaveral shall have the power to adopt laws, ordinances, rules *state law reference — Municipal Home Rule Powers and regulations for the purpose of exercis- Act, F.S. ch. 166, ing the foregoing powers and to do all Supp. No. 7 CHT:7 § 1 CAPE CANAVERAL CODE other acts and perform all other functions Sec. 3. Compensation of officers. reasonably required for the protection of the public welfare, and the rights and The City Council may, by Ordinance, provide privileges of the inhabitants of said City for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. (Ord. No. 30 -94, § 1, 8 -2 -94) ARTICLE III. ELECTED OFFICERS, QUALIFICATIONS AND TERMS* Sec. 4. Vacancies in elected offices. Sec. 1. Qualifications of mayor and council - members. The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of electors therein. 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 or her office and his or her seat shall immediately be- come vacant. Absence from four consecutive reg- ar meetings of the City Council, or from thirty V cent of the meetings held annually, shall oper- to vacate the seat of a member of the City Council or the office of the Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. (Ord. No. 14 -89, § 1, 10- 17 -89; Ord. No. 38 -93, § 2, 10- 19 -93) Sec. 2. Appointed officers. The City Council shall have the power to ap- point, 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 Councilmembers. 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 Man- ager and the City Attorney. (Amended by election, 11 -8 -83; Ord. No. 38 -93, § 3, 10- 19 -93) *State law reference — Elections, state election code, F.S. chs. 97 -106. C If any vacancy occurs in the City Council for any reason other than the recall of a Council Person, or a vacancy occurring due to a Council Member's resignation pursuant to F.S. 99.012(3) commonly referred to as the "resign to run law," the City Council shall, within thirty (30) days following the occurrence of a vacancy, elect a successor Council Member 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 Council Member so elected shall take office immediately upon that person's 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 Council Members to fill the vacancies on the City Council and appoint successor Council Members to fill the vacancies on the City Council and any Council Members 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 Council Mem- bers whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such ap- pointments shall be made within six (6) 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. If a vacancy occurs in the City Council, due to a resignation pursuant to the resign to run provision of F.S. 99.012(3), then the vacancy shall be filled by a vote of the electors of the City for the remainder of the original term at the same elec- tion for which the vacating Council Member seeks Supp. No. 7 CHT:8 CHARTER qualification and election, even though the vacat- ing Council Member's resignation may not be effective until after the day of the election. (Amended by election, 6 -2 -70; amended by elec- tion, 11 -2 -82; Ord. No. 38 -93, § 4, 10- 19 -93; Amended by election, Ord. No. 23 -98, § 2, 11 -98) N 14 §4 Supp. No. 7 CHT:8.1 O F A :I CHARTER ARTICLE IV. THE MAYOR, POWERS AND DUTIES Sec. 1. Duties of the mayor. The Mayor of the City shall see that all ordi- nances are faithfully executed and shall be the titular head of the City government. The mayor 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 res- olution passed by the City Council. The Mayor shall vote on issues coming before the Council as if he or she were a councilmember. During the absence or disability of the Mayor, his or her du- ties shall be performed by the Mayor Pro Tem. (Amended by election, 6 -2 -70; Ord. No. 38 -93, § 5, 10- 19 -93) 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 [or she] 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 can- didate receiving the highest number of votes shall serve for a period of two (2) years; commencing with the general city election in 1973, the Mayor shall be elected for a term of three (3) years and thereafter the Mayor elected shall serve a three (3) year term or until his or her successor shall be elected and qualified. (Added by election, 6 -2 -70; Ord. No. 38 -93, § 6, 10- 19 -93) 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 reso- lution. The Council shall hold a minimum of two meetings per month. Special meetings may be held Art. Vl, § 1 on an affirmative vote of a majority of the City Councilmembers. All meetings of the City Council for the transaction of official business shall be open to the public. (Ord. No. 38 -93, § 7, 10- 19 -93) State law reference —Open meetings requirement, F.S. § 286.011. Sec. 2. Rules of procedure. The City Council may enact its own rules of procedure, may prescribe penalties for the nonat- tendance 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 mem- ber's consideration, vote or action upon any offi- cial business of the city. (Amended by election, 6 -2 -70) 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. Com- mencing with the general city election in 1971, the City Council shall annually elect from its mem- bership a mayor pro tem, who shall act as the Mayor in the Mayor's absence. (Amended by election, 6 -2 -70) 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 Man- CHT:9 Art. VI, § 1 CAPE CANAVERAL CODE ager 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 Man- ager 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 ap- pointed shall be as valid as those performed by the City Manager. 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 un- usual 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 ARTICLE VII. CITY ATTORNEY Sec. 1. Qualifications. The City Council shall appoint a City Attorney and such Assistant City Attorneys as may be nec- essary, who shall serve at the pleasure of the Council and act as the legal advisor for the mu- nicipality and of its officers in matters relating to their official duties. He shall be a lawyer of expe- 0 1 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 exe- cution thereof-, and no contract with the munici- pality 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 Court, and when required by the Council, he shall prosecute and defend, for and in behalf of the City, all complaints, suits and con- troversies in which the City is a party. He shall furnish the Council, or the City Clerk, his opinion on any question of law relating to their respective powers and duties, and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Council or by this act, or such as are prescribed for City Attorneys under the general laws of this state, not inconsis- ent with this Charter. 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 meet- ings of the City Council, and to keep correct min- utes 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 re- quiring the same; and he [or she] 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 election, 11 -8 -83) ARTICLE IX. CITY TAX ASSESSOR Editor's note —This article has been editorially deleted as the procedure for assessment, levy and collection of ad va- lorem taxes has been preempted by the state in F.S. ch. 192 et seq. ARTICLE X. CITY TAX COLLECTOR Editor's note —This article has been editorially deleted as property taxes are collected by the county pursuant to F.S. ch. 192 et seq. ARTICLE XI. CITY TREASURER Sec. 1. Appointment and duties. The City Manager shall appoint a City Trea- surer. It shall be the duty of the City Treasurer to CHT:10 Ll CHARTER receive all monies and funds coming in or be- longing to the City for taxes, licenses, fines and from any and all sources whatever, and he [or she] 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 pur- suance 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 Man- ager. The City Treasurer shall prepare all checks and vouchers to be drawn on the City deposito- ries, and shall sign the same and present such checks to the Mayor, or in his for her] absence to the Mayor Pro Tem, to be countersigned as pro- vided herein, or as otherwise provided by ordi- nance of the City Council. He shall perform such other duties as the City Manager, from time to time, shall require of him. (Amended by election, 11 -8 -83) ARTICLE XII. MUNICIPAL COURT Editor's note —This article on municipal courts has been editorially deleted as municipal courts were abolished by art. V, § 20, Fla. Const. ARTICLE XIII. POLICE DEPARTMENT Sec. 1. Continuance of present law enforce- ment. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 2. Clarification of titles. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 3. Duties of chief of police. Editor's note— Section 3 has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by opera- Art. XfV, § 3 Lion of F.S. § 166.021(5). This section is section 42.26 in the Code of Ordinances. Sec. 4. Arrest. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law and unnecessary as home rule powers of a mu- nicipality are derived from the constitution and F.S. ch. 166. State law reference — Arrest, F.S. ch. 901. Sec. 5. Extending police jurisdiction. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law and unnecessary as home rule powers of a mu- nicipality are derived from the constitution and F.S. ch. 166. State law reference —Fresh pursuit, jurisdiction, F.S. § 901.25. Sec. 6. Traffic summons. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law and unnecessary as home rule powers of a mu- nicipality are derived from the constitution and F.S. ch. 166. State law reference — Uniform traffic citations, F.S. § 316.650. ARTICLE XIV. FIRE DEPARTMENT Sec. 1. Authorization of fire department. Editor's note —This section has been editorially trans- ferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 38 -56 in the Code of Ordinances. Sec. 2. Volunteer fire department. Editor's note —This section has been editorially trans- ferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 38.57 in the Code of Ordinances. Sec. 3. Duties of fire chief. Editor's note —This section has been editorially trans- ferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by CHT:11 Art. XLV, § 3 CAPE CANAVERAL. CODE operation of F.S. § 166.021(5). This section is section 38.58 in the City Manager for the faithful performance of the Code of Ordinances. his [or her] duties, which shall be as follows: [Sec. 4. Fire protection services.] 1. To exercise control and direct supervision over all municipal utilities, utility con - The council shall pass no ordinance, resolution, tracts, repair and maintenance of streets, or motion obligating or authorizing the City to and wastewater collection and treatment establish or operate a Fire Department, or to build system. or acquire a Fire Station, or to contract for fire 2. To see that the terms and conditions im- protection services with any person, governmental posed in favor of the City or its inhabitants entity or corporation other than the Cape Canav- in any public utility franchise are faith - eral Volunteer Fire Department, Inc., without such fully kept and performed, and upon knowl- plan or proposal having been first approved by a edge of any violation thereof to call the same majority vote of the qualified electors of the City to the attention of the City Manager whose voting in a general election or one held for this duty it is to see that such action as might purpose. Nothing herein shall prevent the City or be necessary to enforce the same is taken. Cape Canaveral Volunteer Fire Department, Inc., from entering into a Mutual Aid Agreement with 3. To have charge of the removal of garbage any municipality, Brevard County or any private and trash, or franchise thereof, and it shall or federal agency for the purpose of supplementing be his [or her] duty to see that the streets the fire protection services provided by the Cape are kept clean. Canaveral Volunteer Fire Department, Inc. 4. He shall perform such other duties as the Further providing that any action previously City Manager from time to time, shall re- taken by Resolution, motion or otherwise to es- quire of him [or her]. ablish or operate a Fire Department or to build (Amended by election, 11.8 -83; Ord. No. 29 -87, 10- or acquire a Fire Station shall be terminated or 20 -87) stayed until brought into compliance with this Section. Sec. 2. Water department. (Added by election, 11 -5 -85) Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary ARTICLE XV. PUBLIC WORKS as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 1. Creation of department of public works. ARTICLE XVI. BOARDS AND AGENCIES 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 re- sponsible to the City Manager for the proper per- formance of the duties imposed upon him by this act, and shall perform daily the duties of this of- fice in such a manner as may be designated by the City Manager, and he [or she] shall provide surety C , and in such an amount as may be required by Sec. 1. Department of public health. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality to create departments are derived from the constitution and F.S. ch. 166. 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. CHT:12 �q r� CHARTER No problem or situation related to zoning will be submitted to the City Council prior to being sub- mitted 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 recre- ation, 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 agen- cies 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. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law and unnecessary as home rule powers of a mu- nicipality are derived from the constitution and F.S. ch. 166. State law reference — Fiscal year, F.S. §§ 166.241, 218.33. Sec. 2. Budget committee. A Budget Committee appointed by the City Council from its membership and such other per- sons 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. Editor's note —This section on the budget, which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as superseded by state law or unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. State law reference— Adoption of budget and setting tax millage, F.S. ch. 200. Art. XVII, § 9 Sec. 4. Public hearing on budget required. Editor's note —This section on the budget, which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as superseded by state law or unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. State law reference — Adoption of budget and setting tax millage, F.S. ch. 200. Sec. 5. Adoption of budget. Editor's note —This section on the budget, which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as superseded by state law or unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. State law reference— Adoption of budget and setting tax millage, F.S. ch. 200. Sec. 6. Expenditures limited to budget. Editor's note —This section on the budget, which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as superseded by state law or unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. State law reference — Adoption of budget and setting tax millage, F.S. ch. 200. Sec. 7. Quarterly review of budget required. Editor's note —This section has been editorially trans- ferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 2 -206 in the Code of Ordinances. Sec. 8. Deposit of city money and security re- quired. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law and unnecessary as home rule powers of a mu- nicipality are derived from the constitution and F.S. ch. 166. State law reference — Security for public money deposits, F.S. ch. 280. Sec. 9. Annual audit required. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded CHT:13 Art. XVII, § 9 CAPE CANAVERAL CODE r W by state law or unnecessary as home rule powers of a munic- ipality are derived from the constitution and F.S. ch. 166. State law reference — Annual audit, F.S. §§ 166.241, 218.32. Sec. 10. [Purchasing policy and procedures.] Editor's note— Pursuant to F.S. § 166.021(5), this section was repealed by Ord. No. 9 -93, adopted May 18, 1993. Provi- sions relating to purchasing are found in the Code of Ordi- nances, section 2 -216 et seq. ARTICLE XVIII. REVENUE AND TAXATION Editor's note —This article has been editorially deleted as the procedure for assessment, levy and collection of ad va- lorem taxes has been preempted by the state in F.S. ch. 192 et seq. State law references —Ad valorem tax procedure, F.S. ch. 192 et seq.; financial matters, F.S. ch. 218. ARTICLE XDL COLLECTION OF DELINQUENT TAXES Q Editor's note —This article has been editorially deleted as he procedure for assessment, levy and collection of ad va- lorem taxes has been preempted by the state in F.S. ch. 192 et seq. State law reference —Ad valorem taxes, F.S. ch. 192 et seq. ARTICLE XX. FINANCING PUBLIC 11"ROVEMENTS Editor's note —This article, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as obsolete and unnecessary as home rule powers of a municipality are de- rived from the constitution and F.S. ch. 166. State law reference — Supplementary procedure for public improvements, F.S. ch. 170. ARTICLE XXI. ELECTIONS* Sec. 1. Rules prescribed by ordinance. The rules and regulations for the calling and conduct of elections shall be prescribed by ordi- *State law reference — Florida election code, F.S. chs. 97— 006. nance; provided the same shall not be in conflict with this act. Sec. 2. Voter qualifications, method of han- dling election, registration, disquali- fication, inspection of registration records. A. Regular election. The regular municipal elec- tions shall be held on the first Tuesday following the first Monday in November each year. (Amended by election, 3- 11 -80) B. Qualified voters and registrants. Editor's note —This subsection B., which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as su- perseded by F.S. H 97.041, 98.041, or unnecessary as home rule powers of a municipality are derived from the constitu- tion and F.S. ch. 166. State law references —Voter qualifications, F.S. § 97.041; voter registration, F.S. § 98.041 et seq. C. Elected councilmembers. The newly elected City Councilmembers shall assume the duties of their office at the next regular meeting of the Council following their election at the place nor- mally used for Council meetings. (Amended by election, 6 -6 -72; Ord. No. 38 -93, § 8, 10- 19 -93) Secs. 3. -6. [Reserved.] (Deleted by election, 6 -6 -72) Sec. 7. Voter registration. There shall be no fee required for [voter] regis- tration in the City of Cape Canaveral. Sec. 8. Arrangements for elections. The City Council shall make all necessary ar- rangements for holding all municipal elections, and shall declare the results thereof. Sec. 9. Voting hours and results. 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 elec- CHT:14 r� C�] CHARTER tions. At such meeting, the City Council shall can- vass such returns, and in the absence of a decla- ration of a contest, by any of the candidates in such election, shall declare the result of the elec- tion 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. Editor's note —The reference to hours in which the polls are open has been editorially deleted as superseded by state taw. State law reference —Poll hours established, F.S. § 98.041. Sec. 10. Recall of elected officers. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by F.S. § 100.361. State law reference — Recall of municipal officials, F.S. § 100.361. Sec. 11. Reasons for recall. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by F.S. § 100.361. State law reference — Recall of municipal officials, F.S. § 100.361. 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 peti- tions circulated with respect to any proposed or- dinance shall set out the proposed ordinance in full and shall have printed or written thereon the name of five electors who shall be officially re- garded as filing the petition, and shall constitute a committee of the petitioners for purpose herein- after 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 Art. XXI, § 15 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 sig- nature 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 pro- posed ordinance. Sec. 14. Procedure on initiative petition. The City Council shall at once proceed to con- sider 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 proceed to submit the passage of the ordi- nance 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 CHT:15 Art. )OU, § 15 CAPE CANAVERAL CODE initiative referendum has been held and the pro- visions 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 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. State law reference — Public measures, ballot, F.S. § 101.161. Sec. 17. Repeal of ordinances adopted by ref- erendum. Ordinances adopted by referendum vote can be ended or repealed only by a referendum vote, but the proposition to amend or repeal such ordi- nances may be submitted to the voters in any reg- ular 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 published in the County of Brevard, Florida, using only the title of such ordinance in the notice if it is to be repealed, but the amendment in full if it is to be amended. Said notice to be posted in three public places if there be no newspaper published in the city. 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 refer- endum committee of five. Sec. 19. Filing fee. The City Council shall provide by ordinance for a filing fee for all candidates qualifying to have their names placed on the election ballot, said fee C not to exceed Fifteen Dollars ($15.00) for each can- didate. ARTICLE NMI. ABATEMENT OF NUISANCES Editor's note —This article, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by state law or obsolete and unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. ARTICLE XXIII. EXTENSION OF THE CORPORATE LIMITS Editor's note —This article, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as obsolete and covered in state law. State law reference — Annexation, F.S. ch. 171. ARTICLE XXW. MISCELLANEOUS Sec. 1. Building codes. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 2. Constitutional provision and seven ability. 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 sec- tions 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 as- signed to any other office, department, board, com- mission or agency by this act, shall be transferred CHT:16 11 [A CHARTER Art. XXIV, § 11 and delivered to the office, department, board, com- mission or agency to which such powers and du- ties 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 exclu- sively thereto shall be transferred and delivered to the office, department, board, commission or agen- cy to which such powers and duties are so as- signed. Sec. 4. Procedure for passage of ordinanc- es. Editor's note —This section has been editorially deleted as superseded by the uniform procedure for the adoption of ordi- nances, F.S. § 166.041. State law reference — Uniform minimum procedure for adopting ordinances, F.S. § 166.041. Sec. 5. General Statutes of the State of Flor- ida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, govern- ing 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 [ordinances] and parts of laws [ordinances] 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 evi- dence; and for that purpose may issue subpoenas or attachments which shall be signed by the pres- ident 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 Supp. No. 1 oath, such oath to be administered 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 ev- idence as ordered under the provisions of this Sec- tion shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to ex- ceed sixty (60) days, or both. Sec. S. Nepotism. (a) 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. Immediate family shall be deemed to include spouse, parent, child, grand- parent, grandchild, and sibling of the whole or half blood. (b) Except as stated in this section, Section 112.3135, Florida Statutes, as amended from time to time, or any successor statute, shall govern the appointment, employment, promotion and ad- vancement of individuals in employment or to any position over which the City Council or members of the City staff exercise jurisdiction or control. (Amended by election, 11 -3 -92; Ord. No. 34 -94, § 2,9-20-94) State law reference — Nepotism, F.S. § 112.3135. Sec. 9. Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. Sec. 10. Continuance of officers and ordi- nances. Editor's note —This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 11. Freedom from tort liabilities. Editor's note —This section has been editorially deleted as superseded by F.S. § 768.28. State law reference —Tort liability, F.S. § 768.28. CHT:17 Art. XXIV, § 12 CAPE CANAVERAL CODE Apk ec. 12. Notice of damage claim required. Editor's note —This section has been editorially deleted as superseded by F.S. § 768.28. State law reference -7brt claims and sovereign immuni- ty, F.S. § 768.28. Sec. 13. Benefit from contracts prohibited. Editor's note —This section has been editorially deleted as superseded by F.S. § 112.311 et seq. State law reference —Code of ethics for public officials, F.S. § 112.311 et seq. Sec. 14. [Effective date.] This bill shall take effect immediately upon be- coming a law. Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963. �q Supp. No. 1 CHT:18 Page 1 of 19 EXHIBIT "B" Ordinance No. 09 -2010 City Charter City of Cape Canaveral, Florida Preamble We the people of the City of Cape Canaveral, under the constitution and laws of the State of Florida, in order to secure the benefits of local self - government and to provide for an honest and accountable council- manager government do hereby adopt this charter and confer upon the city the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. Article I POWERS OF THE CITY Section 1.01 Powers of the City. The city shall have all powers possible for a city to have under the constitution and laws of the state as fully and completely as though they were specifically enumerated in this charter. Section 1.02 Incorporation of the City of Cape Canaveral. That a municipal corporation under and by the name of City of Cape Canaveral is originally and hereby created, organized and established in the County of Brevard and in the State of Florida, and became a law without the Governor's approval. Filed in the Office of the Secretary of State on May 16, 1963, which said City shall embrace, include and have jurisdiction over all that territory in Brevard County described as follows: The tract of land situated in Sections 14, 15, 16, 17, 20, 21, 22, 23, 26, 27, 28 and 29 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, now known as Canaveral Port Authority, extended westerly to the center line of the established ship 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: Page 2 of 19 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, Florida, 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) approximately 2,440 feet to a point in the middle of Block 73, in the Avon -by- the -Sea subdivision which is the point separating Lot 1 and Lot 9 in said Block 73, thence easterly along the rear line of the lots in Blocks 73, 74, 75, and 76, being the blocks bounded on the North by Johnson Avenue and on the South by Grant Avenue to the intersection of this line with the mean high water line of the Atlantic Ocean, 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 paralleling 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 littoral and riparian rights pertaining thereto. Together with: Lots 13 through 20 inclusive, Banana River Estates, as recorded in Plat Book 10, Page 1, of the Public Records of Brevard County, Florida. Together with: Lots Six (6) through Nine (9) inclusive, in Block Seventy -five (75) according to the Plat of Avon -By- The -Sea Subdivision, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Together with: Lots 9 through 12, Block 73, Avon -By- The -Sea Subdivision, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Section 1.03 Construction. The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this article. Section 1.04 Intergovernmental Relations. The city may participate by contract or otherwise with any governmental entity of this state or any other state or states or the United States in the performance of any activity which one or more of such entities has the authority to undertake. 11 Page 3 of 19 Article II CITY COUNCIL Section 2.01 General Powers and Duties. All powers of the city shall be vested in the city council, except as otherwise provided by law or this charter, and the city council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Section 2.02 Composition, Eligibility, Terms. (a) Composition. There shall be a city council composed of a Mayor and four (4) councilmembers elected by the voters of the city at large during a non - partisan election held in accordance with provisions of Article VI. (b) Eligibility. The members of the city council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of registered voters of the City of Cape Canaveral. Any member of the city council who shall cease to have and possess the qualifications imposed on such office shall forfeit his or her office and said office shall immediately become vacant. (c) Terms of Office. The term of office for the Mayor and city councilmembers shall be three (3) years elected in accordance with Article VI. (d) Elected Councilmembers. Any newly elected Mayor and city council member shall assume the duties of office at the next regular meeting of the city council following their election. Section 2.03 Mayor. (a) Powers and Duties. The Mayor shall be a voting member of the city council and shall attend and preside at meetings of the city council, represent the city in intergovernmental relationships, present an annual state of the city message, and perform other duties specified by the city council. The Mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties. (b) Mayor Pro Tem. The city council shall annually elect from its membership a Mayor Pro Tem, who shall act as the Mayor in the Mayor's absence. Section 2.04. Compensation; Expenses. 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. Section 2.05. Prohibitions. (a) Holding Other Office. Except where authorized by law, no councilmember shall hold any other elected public office during the term for which the member was elected to Page 4 of 19 the city council. No councilmember shall hold any other city office or city employment during the terms for which the member was elected to the city council. No former councilmember shall hold any compensated appointive office or employment with the city until one year after expiration of the term for which the member was elected to the city council. Nothing in the section shall be construed to prohibit the city council from selecting any current or former councilmember to represent the city on the governing board of any regional or other intergovernmental agency. (b) Appointments and Removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate to the city manager is empowered to appoint, but the city council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such offices and employees. (c) Interference with administration. Except for the purposes of inquiries, and investigations under section 2.09, the city council or its members shall deal with city officers and employees who are subject to the direction of the supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publically or privately. Section 2.06 Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a councilmember shall become vacant upon the member's death, resignation, or removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of Office. A councilmember shall forfeit that office if the councilmember: (1) Fails to meet the residency requirements or fails to possess the qualifications of registered voters, (2) Violates any express prohibition of this charter, (3) Is convicted of a crime involving moral turpitude, or (4) Fails to attend three (3) consecutive regular meetings of the city council or more than thirty percent (30 %) of all meetings of the city council held annually, without being excused by resolution duly adopted by the city council. (c) Filling of Vacancies. Upon occurrence of a vacancy on the city council, the city council, by majority vote of all its remaining members, shall appoint a qualified person to fill the vacancy until the vacancy is filled by election. Said appointment shall occur within 30 days of the vacancy. If the vacancy occurs more than 90 days from the date of the next regular election, the vacancy shall be filled at said election. However, if the Page 5 of 19 vacancy occurs within 90 days from the date of the next regular election or the city council fails to make an appointment, the city council shall call a special election to be held not sooner than 90 days and not later than 120 days following the occurrence of the vacancy, unless the vacancy can be sooner filled at a regular election. Notwithstanding the requirements in section 2.11(c), if at any time the membership of the city council is reduced to less than four (4), the remaining members may, by majority action, appoint additional members to raise the membership to five (5). Section 2.07. Judge of Qualifications. The city council shall be the judge of the qualifications of its members, and of the grounds for forfeiture of their office. In order to exercise these powers, the city council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Section 2.08. City Clerk. The city manager shall appoint an officer of the city who shall have the title of city clerk. The city clerk shall give notice of city council meetings to its members and the public, keep a journal of its proceedings and perform such other duties as are assigned by this charter or by the city council or by the state law. Section 2.09 Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the city council shall be a misdemeanor punishable by a fine of not more than $500.00, or by imprisonment for not more than 60 days or both. Section 2.10 Independent Audit. The city council shall provide for an independent annual audit of all city accounts consistent with the requirements of Florida law and may provide for more frequent audits as it deems necessary. Section 2.11 Procedure. (a) Meetings. The city council shall meet regularly at least once in every month at such times and places as the city council may prescribe by rule. Special meetings may be held on the call of three or more members and, whenever practicable, upon no less than twelve hours notice to each member. Except as allowed by state law, all meetings shall be public. Page 6 of 19 (b) Rules and Journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. (c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Three members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the city council. No action of the city council, except as otherwise provided in the preceding sentence, in section 2.06(c) and section 2.14 shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of city council. Section 2.12. Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city council shall be by ordinance which: (1) Adopt or amend any administrative code or establish, alter, or abolish any city department, office, or agency. (2) Provided for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) Grant, renew or extend a franchise; (4) Regulate the rate charged for its services by a public utility; (5) Authorize the borrowing of money; (6) Convey or lease or authorize the conveyance or lease of any lands of the city; (7) Regulate land use and development; (8) Amend or repeal any ordinance previously adopted; or (9) Adopt, with or without amendment, ordinances proposed under the initiative power. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution. Section 2.13. Ordinances in General. (a) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. The enacting clause shall be "The City of Cape Canaveral hereby ordains..." Any ordinance which repeals or amends an existing Page 7 of 19 c o ordinance or part of the city code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matters to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matters by underscoring or by italics. (b) Effective Date. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of 10 (ten) days after adoption or any date specified in the ordinance. (c) Publication of Ordinances. Every proposed ordinance shall be published and advertised consistent with the requirements of Florida law. Section 2.14 Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one or more emergency ordinances. Such ordinances shall be consistent with the requirements and limitations of Florida law and may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two- thirds (2/3) of the members present shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to section 5.06(b) shall automatically stand repealed as of the sixty -first day following the date on which it was adopted, but this shall not prevent re- enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in the section for adoption of emergency ordinances. Section 2.15. Codes of Technical Regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of section 2.13 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk pursuant to section 2.16(a). Page 8 of 19 Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.16. Authentication and Recording; Codification; Printing of Ordinances and Resolutions. (a) Authentication and Recording. The city clerk shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the city council. (b) Codification. Within five years after adoption of this charter and at least every 15 to 20 years thereafter, the city council shall provide for the preparation of a general codification of all city ordinances having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published, together with this charter and any amendments thereto, pertinent provisions of the constitution and other laws of the state of Florida, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as the Cape Canaveral city code. Copies of the code shall be furnished to city officers, placed in libraries, public offices, and if available, in a web site for free public reference and made available for purchase by the public at a reasonable price fixed by the city council. (c) Printing of Ordinances and Resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be available to the public at reasonable prices consistent with provisions of Florida law. Following publication of the first Cape Canaveral city code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration there in. The city council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the state of Florida, or the codes and technical regulations and other rules and regulations included in the code. Article III CITY MANAGER The city council shall, by majority vote, appoint a city manager to be the administrative head of the government and shall be responsible for the effective administration of all departments of the city. The city manager shall be chosen on the basis of executive and administrative qualifications. The city manager shall hold office at the will of the city council, and shall receive such salary as may be fixed by the city council. The duties of city manager shall be established by the city council, by ordinance. By letter filed with the city clerk, the city manager shall designate a qualified administrative officer of the city to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. During extended absence or disability of Page 9 of 19 c o the city manager, the city council may revoke such designation at any time and appoint another administrative officer of the city to serve until the city manager shall return. Article IV DEPARTMENTS, OFFICES, AND AGENCIES Section 4.01 General Provisions. (a) Creation of Departments. The city council may establish city departments, offices, or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices, and agencies. No function assigned by this charter to a particular department, office, or agency may be discontinued or unless this charter specifically so provides, assigned to any other. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. The city manager may serve as the head of one or more such departments, offices, or agencies or may appoint one person as the head of two (2) or more of them. Section 4.02 Personnel System. (a) Merit Principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. (b) Merit System. Consistent with all applicable federal and state laws the city council shall provide for the establishment, regulation, and maintenance of a merit system governing personnel policies necessary to effective administration of the employees of the city's departments, offices and agencies, including but not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in- service training, grievances and relationships with employee organizations. Section 4.03 Legal Officer. (a) Appointment. The city council shall appoint a city attorney, and may appoint assistant city attorneys, who shall serve at the pleasure of the city council, and who shall be compensated as determined by the city council. The city attorney and assistant city attorneys, if any, shall be lawyers in good standing and licensed to practice in the state of Florida. (b) Duties. The city attorney shall serve as the chief legal advisor to the city council, all of the city's officers and the city departments in matters relating to their official duties. The city attorney or special counsel, as may be appointed by the city council, shall represent the city in all legal proceedings, shall prepare all contracts, bonds, ordinances and other instruments in writing in which the city is concerned, or shall endorse on each Page 10 of 19 his or her approval of the form, language and execution thereof. The city attorney shall also perform any other duties prescribed by state law, by this charter or by ordinance. Section 4.04. Land Use, Development, and Environmental Planning. Consistent with all applicable federal and state laws with respect to land use, development, and environmental planning, the city council shall designate an agency or agencies to carry out the planning function. The designated agency, the city manager, and the city council shall seek to act in cooperation with other jurisdictions and organizations in their region to promote integrated approaches to regional issues. Section 4.05. Fire Protection Services. The city council shall pass no ordinance, resolution, or motion obligating or authorizing the city to establish or operate a Fire Department or to contract for fire protection services with any person, governmental entity or corporation other than the Cape Canaveral Volunteer Fire Department, Inc., without such plan or proposal having been first approved by a majority vote of the qualified electors of the city voting in a general election or one held for this purpose. Nothing herein shall prevent the city or Cape Canaveral Volunteer Fire Department, Inc. from entering into a Mutual Aid Agreement with any municipality, Brevard County or any private or federal agency for the purpose of supplementing the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc. Further providing that any action previously taken by Resolution, motion or otherwise to establish or operate a Fire Department shall be terminated or stayed until brought into compliance with this Section. The city council shall not formally commit the city to build or acquire a Fire Station until such time that the city council holds a duly noticed public hearing. Article V FINANCIAL MANAGEMENT Section 5.01 Submission of Budget and Budget Message. On or before the 30 day of June of each year, the city manager shall submit to the city council a budget for the ensuing fiscal year and an accompanying message. Section 5.02 Budget Message. The city manager's message shall explain the budget both in fiscal terms and in terms of work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the city for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, Page 11 of 19 summarize the city's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the city manager deems desirable. Section 5.03 Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager deems desirable or the city council may require for effective management and an understanding of the relationship between the budget and the city's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: (1) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organization unit, and program, purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals; (2) Proposed longer -term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organizational unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and (3) The proposed goals, anticipated income and expenses, profit and loss for the ensuing year for each utility or other enterprise fund or internal service fund operated by the city, and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance exclusive of reserves. Section 5.04 City Council Action on Budget. The city council shall adopt the budget consistent with the requirements and procedures of Florida Law. Section 5.05 Appropriation and Revenue Ordinances. To implement the adopted budget, the city council shall adopt, prior to the beginning of the fiscal year: (1) An appropriation resolution making appropriations by department, fund, service, strategy or other organizational unit and authorizing an allocation for each program or activity; Page 12 of 19 (2) A tax levy resolution authorizing the property tax levy or levies and setting the tax rate or rates; and (3) Any other resolutions required to authorize new revenue or to amend the rates or other features of existing taxes or other revenue sources. Section 5.06 Amendments after Adoption. (a) Supplemental Appropriations. If during or before the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the city council by resolution may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To address a public emergency affecting life, health, property or the public peace, the city council may make emergency appropriations. Such appropriations may be made by resolution. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager and recommendations as to any other steps to be taken. The city council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by resolutions reduce or eliminate one or more appropriations. (d) Transfer of Appropriations. At any time or before the fiscal year, the city council may by resolution transfer part or all of the unencumbered appropriation balance from one department, fund, service, strategy or organizational unit to the appropriation for other departments or organizational units or new appropriation. The city manager may transfer funds among programs within a department, fund, service, strategy or organizational unit and shall report such transfers to the city council in writing in a timely manner. (e) Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Section 5.07 Financial Advisory Committee. A Financial Advisory Committee comprised of three (3) citizen volunteers or business owners, who have financial background, may be appointed by the city manager. One member may be a business person from outside the city. The city manager and the city treasurer shall serve in an ad hoc capacity. The purpose of the Committee is to provide input concerning: Page 13 of 19 (1) The overall financial health of the city; (2) The safety /profitability of the city's financial investments; and (3) The city's budgetary matters. Section 5.08 Capital Program. (a) Submission to City Council. The city manager shall prepare and submit to the city council a multi -year capital program no later than three months before the final date for submission of the budget. (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) Identification of the long -term goals of the community; (3) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the fiscal years next ensuing; (4) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (5) Method of financing upon which each capital expenditure is to be reliant; (6) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; (7) A commentary of how the plan addresses the sustainability of the community and the region of which it is a part; and (8) Methods to measure outcomes and performance of the capital plan related to the long -term goals of the community. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. Section 5.09 Notice, Hearing and Adoption of Capital Plan. The city council shall treat the Capital Program as part of the budget. Article VI ELECTIONS Section 6.01 City Elections. The regular municipal elections shall be held each year on the first Tuesday following the first Monday in November in accordance with the procedures of Florida Law. All city elections shall be non - partisan. DI Page 14 of 19 Section 6.02 Filing fee. There shall be a filing fee for candidates qualifying to have their names placed on the election ballot in the amount of $15.00 for each candidate. Section 6.03 Methods of Electing Councilmembers. Terms for elected officials shall be staggered. Commencing with the general election of 2011, two (2) councilmember seats shall be placed on the ballot for election; the Mayor shall be placed on the ballot for election in the next year; and two (2) councilmember seats in the next year. This shall be a continuous 3 -year rotation. During councilmember election years, the two (2) persons receiving the greatest number of votes shall be declared the winners. During mayoral elections, the person with the greatest number of votes shall be declared the winner. Section 6.04 Initiative and Citizen Referendum. (a) General Authority for Initiative and Citizen Referendum. (1) Initiative. The registered voters of the city shall have power to propose ordinances to the city council and, if the city council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, but such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees. (2) Citizen Referendum. The registered voters of the city shall have power to require reconsideration by the city council of any adopted ordinance and, if the city council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, but such power shall not extend to the budget or capital program or any emergency ordinance or ordinances relating to appropriation of money or levy of taxes. (b) Commencement of Proceeding; Petitioners' Committee; Affidavit. Any five (5) registered voters may commence initiative or citizen referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance, citing the ordinance sought to be reconsidered. (c) Petitions. (1) Number of Signatures. Initiative and citizen referendum petitions must be signed by registered voters of the city equal in number to at least 5 percent of the total number of registered voters to vote at the last regular election. (2) Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be Page 15 of 19 11 executed in ink or indelible pencil and shall be followed by the address of the person signing. Initiative and citizen referendum petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (3) Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the person circulating it stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity, before signing, to read the full text of the ordinance proposed or sought to be reconsidered. (4) Time for Filing Referendum. Referendum petitions must be filed within 30 days after adoption by the city council of the ordinance sought to be reconsidered. (d) Procedure after Filing. (1) Certificate of Clerk, Amendment. Within five (5) calendar days of receipt of the petitioners' committee petition, the clerk shall forward same to the Supervisor of Elections for verification of signatures. Within ten (10) calendar days after the petition is returned from the Supervisor of Elections Office, the city clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient, and the particulars wherein it is defective, and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intent to amend it with the clerk within two (2) days after receiving the copy of his or her certificate and files a supplementary petition upon additional papers containing additional signatures within ten (10) calendar days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of paragraphs (2) and (3) of section 6.04(c), and within five (5) calendar days after the supplementary petition is returned from the Supervisor of Elections Office the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request city council review under paragraph (2) of this subsection within the time required, the clerk shall promptly present his or her certificate to the city council and the certificate shall then be a final determination as to the sufficiency of the petition. (2) City Council Review. petitioners committee amended petition has If a petition does not file been certified has been certified insufficient and the notice of intention to amend it or if an insufficient, the committee may, within Page 16 of 19 11 two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the city council. The city council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the city council's determination shall then be a final determination as to the sufficiency of the petitions. (3) Court Review; New Petition. An aggrieved party may appeal a final determination as to the sufficiency of a petition to a court of competent jurisdiction. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (e) Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition, (2) The petitioners' committee withdraws the petition, (3) The city council repeals the ordinance, or (4) Thirty (30) days have elapsed after a vote of the city on the ordinance. (f) Action on Petitions. (1) Action by City Council. When an initiative or referendum petition has been finally determined sufficient, the city council shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the city council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (2) Submission to Voters of Proposed or Referred Ordinance. The vote on a proposed or referred ordinance shall be held at the next regularly scheduled election, provided the final city council vote takes place more than 75 days prior to the date of the general election. (g) Results of Election. (1) Initiative. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the city council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 11 Page 17 of 19 c o (2) Referendum. If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (h) 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 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, but the amendment in full if it is to be amended. Said notice shall be published according to the requirements of Florida Law. Section 6.05 Recall. Recall of city council members shall be in accordance with the general law of the State of Florida. Article VII GENERAL PROVISIONS Section 7.01. Conflicts of Interest and Ethics. (a) Ethics. Chapter 112, Part III, of Florida Statutes, as may be amended, shall govern conduct related to city council and city employee conflicts of interest and ethics. The city council shall appropriate sufficient funds to provide, require and attend annual training and education of city officials, appointed officials, employees, volunteer advisory board /committee members and candidates for public office, regarding the ethics code. (b) Penalties. Penalties for ethical violations shall be as provided by general law or as established by ordinance of the city council. Section 7.02 Campaign Finance. Chapter 106, Florida Statutes, as may be amended, shall govern conduct related to campaign finance. Section 7.03 Nepotism. (a) No member of the immediate family or a significant other of the Mayor or a member of the city council shall be eligible to hold a paid position with the City of Cape Canaveral. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, niece, nephew and sibling of the whole or half blood. Significant other shall be deemed to include any person in a family -type living arrangement or domestic partnership with the Mayor or a member of the city council, and who would constitute a spouse if married to the Mayor or a member of the city council. Page 18 of 19 AWWA (b) Except as stated in this section, section 112.3135, Florida Statutes, as may be amended, or any successor statute, shall govern the appointment, employment, promotion and advancement of individuals in employment or to any position over which the city council or members of the city staff exercise jurisdiction or control. Article VIII CHARTER AMENDMENT Section 8.01 Proposal of Amendment. Amendments to this charter may be framed and proposed: (a) In the manner provided by law, (b) By ordinance of the city council containing the full text of the proposed amendment and effective upon adoption, or (c) By the voters of the city. Proposal of an amendment by the voters of the city shall be by petition containing the full text of the proposed amendment and shall be governed by the same procedures and requirements prescribed in Article VI for initiative petitions until such time as a final determination as to the sufficiency of the petition is made, except that there shall be no limitation as to the subject matter and that the petition must be signed by registered IV voters of the city equal in number to at least ten percent (10 %) of the total number of those registered to vote at the last regular city election. The petitioners' committee may withdraw the petition at any time before the fifteenth (15 day immediately preceding the day scheduled for the city vote on the amendment. Section 8.02 Election. Upon adoption of an ordinance by the city council or a petition finally determined sufficient, proposing an amendment pursuant to section 8.01, the city clerk shall submit the proposed amendment to the voters of the city at the next regularly scheduled election, provided the receipt takes place more than 90 days prior to the date of the general election. The city clerk shall cause notice of such ballot items to be published according to Florida Law. Section 8.03 Adoption of Amendment. If a majority of those voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters. Page 19 of 19 Article IX TRANSITION AND SEVERABILITY Section 9.01 Pending Matters. All rights, claims, actions, orders, contracts, and legal administrative proceedings shall continue, except as modified pursuant to the provisions of this charter and in each case shall be maintained, carried on or dealt with by the city department, office or agency appropriate under this charter. Section 9.02 State of Municipal Laws. All city ordinances, resolutions, orders and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. Section 9.03. Schedule. (a) Election. Elections shall be conducted as outlined in Section 6.01. (b) Time of Taking Full Effect. This Charter shall take effect immediately upon IC adoption pursuant to the requirements of Florida law. (c) Salary of Mayor and Councilmembers. The mayor and councilmembers shall receive compensation as established by ordinance and set forth in the city code. Section 9.04. Severability. If any provision of this charter is held invalid, the other provisions of the charter shall not be affected. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected. EXHIBIT "C" Ordinance No. 09 -2010 NOTICE OF CITY OF CAPE CANAVERAL CHARTER REFERENDUM QUESTIONS Pursuant to the provisions of Section 100.342, Florida Statutes, notice is hereby given that at a City Charter referendum election to be held on November 2, 2010, or such other date as may be authorized by law, there shall be submitted to the citizens of Cape Canaveral the questions described in Ordinance 09 -2010, adopted by the City Council of the City of Cape Canaveral, Florida on the 16` day of August, 2010. The title of the Ordinance is as follows: ORDINANCE NO. 09-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 2, 2010 GENERAL ELECTION OR AN ELECTION SCHEDULED THEREAFTER; PROVIDING FOR REFERENDUM QUESTIONS PROPOSING THE ADOPTION OF A NEW, UPDATED CITY CHARTER AND PROPOSING MAYOR AND COUNCILMEMBER TERM LIMITS; PROVIDING FOR A NOTICE OF CITY OF CAPE CANAVERAL CHARTER REFERENDUM QUESTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. The ballot caption and referendum questions are as follows: Question #1 CAPE CANAVERAL CHARTER AMENDMENT NEW CITY CHARTER Shall the current City Charter be repealed and replaced in its entirety with an updated and reorganized City Charter, based substantially on the latest edition of the National Civic League's Model City Charter, and updated in accordance with State law? Yes, For Charter Amendment No, Against Charter Amendment Question #2 CAPE CANAVERAL CHARTER AMENDMENT MAYOR AND COUNCILMEMBER TERM LIMITS This amendment imposes term limits on the Mayor and Councilmembers by prohibiting persons from serving more than two consecutive elected terms as Mayor or Councilmember with the exception that persons having served two consecutive elected terms as Councilmember may then qualify and be elected for two additional consecutive terms as Mayor. Other than the consecutive term limitations, there shall be no limit on the total number of terms persons may serve as Mayor or Councilmember. Yes, For Charter Amendment No, Against Charter Amendment