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HomeMy WebLinkAboutOrdinance No. 12.2006ORDINANCE NO, 12 -2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 7, 2006 GENERAL ELECTION TO AMEND ARTICLE xIV FIRE DEPARTMENT, SECTION 4 FIRE PROTECTION SERVICES OF THE CITY' S CHARTER BY DELETING THE CHARTER PROVISION THAT PROHIBITS BUILDING OR ACQUIRING A FIRE STATION AND ADDING A CHARTER PROVISION THAT REQUIRES A DULY NOTICED PUBLIC HEARING BEFORE THE CITY COUNCIL FORMALLY COMMITS TO BUILDING OR ACQUIRING A FIRE STATION; SETTING FORTH A' BALLOT QUESTION FOR INCLUSION ON THE NOVEMBER 7, 2006 GENERAL ELECTION BALLOT; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE, WHEREAS, Article XIV, Section 4 of the City of Cape Canaveral City Charter was adopted during the November election in 1 985 and sets forth provisions pertaining to fire protection services; and WHEREAS, the City Council recognizes that the population of the City p of Cape Canaveral has grown significantly since 1985; and WHEREAS, the City Council also recognizes that the City's population increase has placed a greater demand on the Cape Canaveral Volunteer Fire Department, Inc. and that said demand may require the City to consider building or acquiring a new fire station sometime in the future in order to provide adequate fire protection services within the City of Cape Canaveral; and WHEREAS, the City Council hereby finds that it would benefit the citizens of the City of Cape Canaveral to amend Article xIV, Section 4 of the City Charter in order to afford the City Council more flexibility to determine the need to build or acquire a new fire station for purposes of providing an adequate level of fire protection services; and WHEREAS, the City Council desires to propose the above - referenced amendments to the City's electorate as part of a referendum election to be held concurrent with the next City general election on November 7, 2006; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds that the proposed referendum ballot question should be submitted to the City electorate for its consideration City of Cape Canaveral Ordinance No. 12 -2006 Page 1 of 4 and final approval or disapproval. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of e Canaveral, Cape eral Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Referendum Election. A referendum election is hereby called and scheduled to be held concurrent with the general City election on the 7' day of November, 2006, to determine whether the ballot question appearing in Section 2 of this ordinance shall be approved b a majority y J ty of the votes cast in such election in which qualified electors residing in the Ci ty p p shall artici ate. Such referendum election shall be held and conducted in the manner prescribed b law for all elections. The places for voting in such referendum election shall be such locations as shall otherwise be established for the general election to elect City Councilmembers on November 7 2005. All duly qualified electors of the City of Cape Canaveral shall be entitled to artici ate in said election. p P Section 3. Amendment to City Charter Article XIV, Fire Department, Section 4 Fire Protection Services. (a) Proposed Amendment. It is proposed that Article XIV, Fire Department, Section 4., Fire Protections Services, of the Charter of the City of Cape Canaveral, Florida shall be amended to read as follows (underlined text indicates an addition to the existing text of the City Charter and strik5e out text indicates a deletion from the existing text of the City Charter): ARTICLE XIV, FIRE DEPARTMENT Sec. 4. Fire Protection Services. The council shall pass no ordinance, resolution, or motion obligatin g 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 havin g been first approved by a majority vote of the qualified electors of the City voting in ty g a general election or one held for this purpose. Nothing herein shall prevent the City or Cape Canaveral Volunteer Fire Department, Inc., from enterin into a Mutual Aid Agreement with any municipality, Brevard County or any private or federal agency for the purpose of supplementing the fire protection . p services provided by the Cape Canaveral Volunteer Fire Department, Inc. City of Cape Canaveral Ordinance No. 12 -2006 Page 2 of 4 Further providing that any action previously taken by Resolution, motion or otherwise to establish or operate a Fire Department ' 9mg- 03 91"114 I., IT %., o tativ shall be terminated or stayed until brought into compliance with this Section. The council shall not formall commit the Cim to build or acquire a Fire Station until such time that the council holds a duly noticed public hearing_ (b) Ballot Question. Concurrent with the City general election scheduled for November 7, 2006, the following question shall be placed on the ballot following the placement on the ballot of candidates for the office of City Councilmember, if any. The caption and questions shall be worded substantially as follows: CITY OF CAPE CANAVERAL CHARTER. AMENDMENT ARTICLE XIV, SECTION 4, FIRE PROTECTION SERVICES This proposed charter amendment is related to building or acquiring a fire station. The charter amendment proposes to delete the charter provision that prohibits the City from building or acquiring a fire station and proposes to add a charter provision that requires a duly noticed public hearing before the city council can formally commit the City to build or acquire a fire station. Yes, For Amending City Charter No, Against Amending City Charter Section 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections ofBrevard County to include the above- described question on the ballot concurrent with the general election to be held on November 7, 2006. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Incorporation into City Charter. The proposed charter amendment set forth in section 2 of this Ordinance shall be incorporated into the City Charter only upon approval of a majority of the voters in the November 7, 2006 general election. City of Cape Canaveral Ordinance No. I2 -2006 Page 3 of 4 Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 29th day of August, 2006. - ROCKY RANDS S, Mayor AT-TEST: For Against Burt Bruns Motion • Bob Floog x Leo Nicholas Second SUSAN l-LU, City Clerk Rocky Randeis x Buzz Petsos First Rea August 15, 2006 Legal Ad published: August 19, 2006 Second Reading: August 29, 2006 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Voting Results: For Amending Charter: Against Amending Charter: City of Cape Canaveral Ordinance No. 12 -2006 Page 4 of 4