HomeMy WebLinkAboutResolution 2010-24AwN
RESOLUTION 2010 -24
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA
SUPPORTING THE ADOPTION OF THE BREVARD COUNTY
MUNICIPAL VOTER CHARTER AMENDMENT ON THE
NOVEMBER 2010 GENERAL BALLOT; ENDORSING THE
PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES
SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE
CITY OF CAPE CANAVERAL SHOULD HAVE THE AUTHORITY
TO GOVERN WITHIN ITS JURISDICTION; PROVIDING THAT
SUCH AUTHORITY SHOULD NOT BE ERODED; PROVIDING AN
EFFECTIVE DATE
WHEREAS, Section 7.4 requires that a Charter Review Commission be appointed
by the Board of County Commissioners every six years to review the home rule charter and
provide recommendations for amendments of the charter for placement on the next general
election ballot; and
WHEREAS, Section 7.4 requires that the Charter Review Commission hold at least
three public hearings on any proposed charter amendment or revision; and
WHEREAS, the Rules of Procedure adopted by the Charter Review Commission
further requires that charter amendments shall be transmitted to the Board of County
Commissioners for placement on the ballot if at least 10 members of the Charter Review
Commission vote to approve it; and
WHEREAS, the Charter Review Commission was constituted in August 2009; and
WHEREAS, the Charter Review Commission held three public hearings on June 4 th ,
June 17 and July 1 st on the Municipal Voter Amendment; and
WHEREAS, the Municipal Voter Amendment received 12 votes in favor of placing
it on the ballot; and
WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and known as
the "Municipal Home Rule Powers Act," provides a broad grant of authority to all
municipalities to enable them to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights of
municipal government by means of language which reads as follows:
Municipalities shall have the governmental, corporate, and propriety powers
to enable them to conduct municipal government, perform municipal
functions and render municipal services, and may exercise any power for
municipal purposes except as otherwise provided by law; and
WHEREAS, the legislature recognizes that, pursuant to the grant of power set forth
in Section 2(b), Article VIII, State Constitution, the legislative body of each municipality has
the power to enact legislation concerning any subject matter upon which the state legislature
may act except for those subjects specifically listed at Section 166.021 (3)(a) -(d); and
WHEREAS, municipalities are voluntary forms of government and would not exist if
communities had not organized and held special elections in order to create the local form of
government; and
WHEREAS, residents in a community decide to incorporate in order to govern
themselves and to gain a greater degree of control over issues that impact their quality of life
and property interests directly; and
WHEREAS, municipalities represent the form of government which is closest to the
people and therefore many people expressly choose to live within municipalities in order that
their ideas may be heard on a more personal basis; and
WHEREAS, the issue of "home rule" has been a priority of the Brevard League of
Cities; and
WHEREAS, the City of Cape Canaveral desires to preserve this unique responsive
form of government and believes it to be in the best interests of its citizens to adopt this
Resolution formally stating its position regarding the proposed Municipal Voter Charter
Amendment.
NOW THEREFORE BE IT RESOLVED BY THE CAPE CANAVERAL CITY
COUNCIL THAT:
Section 1. The City of Cape Canaveral believes that when issues are in conflict
between the Brevard County Charter and a municipality or several municipalities, such
conflict should be resolved by the approval by a majority of the electors within the County
and a majority of the electors within the affected municipality or municipalities.
Section 2. The above stated policy has already been adopted by the City of Cape
Canaveral.
Section 3. The City of Cape Canaveral finds that the proposed Municipal Voter
Amendment will allow for conflicts between a municipality or several municipalities and
Brevard County to be resolved by a vote of the electors within the affected municipality or
municipalities.
Section 4. This Resolution shall be forwarded to Brevard County Board of County
Commissioners and the Brevard League of Cities, Inc.
Section 5. This Resolution shall take effect immediately upon passage.
�1
11
PASSED in regular session of the Cape Canaveral City Council this 5th day of October,
2010.
ATTEST:
CITY OF CAPE CANAVERAL,FLORIDA
Mayor
City Clerk
Prepared by:
City Attorney lqt�
Name
Robert Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Attached: Proposed Municipal Voter Amendment Betty Walsh
For Against
S econd
Motion
x
x
'�I'
Section 1.8. Charter amendments affecting municipalities.
r w No provision of this Charter adopted after December 1 2010 which conflicts with transfers or limits arm
function, service, power, or authority of a municipality within Brevard County, shall apply to a municipality
affected unless a maiority of the voters in the municipality voting in a referendum approve the charter
amendment.
Requires Municipal Voter Approval of County Charter Amendments
Affecting Municipal Service, Function, Power or Authority
Shall the Brevard County Charter be amended to require that county
charter amendments approved after December 1, 2010, that conflict with,
transfer or limit a municipality's service, function, power, or authority
apply to that municipality only if the amendment is approved or consented
to by a majority of voters in that municipality voting in a referendum?
YES for approval
NO for rejection
LI