HomeMy WebLinkAboutOrdinance No. 35-1993ORDINANCE NO. 35 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, REPEALING AND RE-
ENACTING SECTION 231.01, THE COUNCIL TO
REVISE TERMINOLOGY, REFERENCES TO STATE LAW
AND REFERENCES TO THE CITY CHARTER OF THE CITY
OF CAPE CANAVERAL; ENACTING SECTION 231.02
ENTITLED, UNCONTESTED ELECTIONS PROVIDING A
PROCEDURE FOR FILLING COUNCIL POSITIONS WHERE
THE NUMBER OF CANDIDATES DOES NOT EXCEED THE
NUMBER OF POSITIONS TO BE FILLED, INCLUDING
POSITIONS RESULTING FROM VACANCIES OF
UNEXPIRED TERMS; PROVIDING FOR A REPEAL OF
CONFLICTING ORDINANCES) PROVIDING FOR
SEVERABILITY) AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 231.01, The Council, of the Code of
Ordinances of the City of Cape Canaveral, Florida, is hereby
repealed and re- enacted as follows:
GENERAL
Sec. 231.01 The Council All powers and duties of
the City of Cape Canaveral specified in the city charter
in the general laws of the State of Florida are vested in
the City Council. The City Council is composed of five
(5) members who are elected at large by the registered
electors of the City. Two (2) members are elected each
year to three (3) year terms except on every third year
only one (1) member, who is also the Mayor, is elected to
a three (3) year term. Further, should any general
election include the election of a council person due to
a vacancy in that office pursuant to Article III, Section
4 of the Cape Canaveral Charter, then in that event the
unexpired term shall be filled by the candidate receiving
the third greatest number of votes (or the second
greatest number of votes in third year elections
involving only the Mayor). Should more than one (1)
vacancy be filled at the election, then those receiving
the greatest number of votes shall be declared elected
for the longest term.
SECTION 2. Section 231.02, Uncontested Elections, is enacted
as follows:
Sec. 231.02 Uncontested Elections In the event
the number of candidates qualifying for an election which
does not include City Council positions resulting from
vacancies of unexpired terms does not exceed the number
of positions to be filled by the election, a general
election shall not be held and each candidate shall take
office for a full term. In the event that the number of
candidates qualifying for an election which includes City
Council positions resulting from vacancies of unexpired
terms does not exceed the number of positions to be
filled by the election, each candidate shall file with
the City Clerk within ten (10) days after the close of
the Qualifying Period specified in Sec. 211.04 a
designation which specifies whether the term sought by
the candidate is a full term or unexpired term of a
vacancy. If such designations by all candidates do not
produce an excess of candidates seeking full terms or
vacant terms over the respective number of full terms or
vacant terms, a general election shall not be held and
City of Cape Canaveral, Florida
Ordinance No. 35 -93
Page 2
candidates shall take office in accordance with results
of the designations. If a candidate fails to make the
designation in the time above stated, the candidate shall
be deemed to have made a designation for a full term.
SECTION 3. Severability If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or '..
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid!
part.
SECTION 4. Conflicting Provisions Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
SECTION 5. Effective Date This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 19th day of October 9 1993.
ohn Porter, MAYOR PRO
ATTEST:
Z' '41 r, . III A
aith G. Miller, CITY CLERK
Approved as to Form:
John R. Kancilia, CITY ATTORNEY
IW!
First ReadIn� 10/5/93
Posh, 10/6/93
Advertised: 10/8/93
Second Reading: 10 /19/93
cc: 10/20/93 - Municipal . Code Corporation. 4