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Home My WebLink AboutOrdinance No. 11-2011 w/votes 1 1 1 ORDINANCE NO 11 -2011 i C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE JANUARY 31, 2012 SPECIAL ELECTION; PROVIDING A REFERENDUM I QUESTION PROPOSING A REVISION TO SECTION 2.06(c) 1 OF THE CITY CHARTER RELATED TO FILLING VACANCIES ON THE CITY COUNCIL; PROVIDING FOR A NOTICE OF CITY OF CAPE CANAVERAL CHARTER REFERENDUM QUESTION; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. 1 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, a majority of the electors of the City of Cape Canaveral recently approved an updated and reorganized City Charter based substantially on the latest edition of the National Civic League's Model City Charter; and C WHEREAS, the Charter calls for a special election under certain circumstances to fill vacancies on the City Council; and WHEREAS, the City expends a significant amount of time and money to prepare for and conduct a special election, especially in the event the City is unable to coordinate with the Brevard County Supervisor of Elections for the special election due to the Supervisor's various other federal and state election responsibilities; and WHEREAS, the City Council desires to propose a revision to Section 2.06( c) of the City Charter in order to allow the City Council to make an appointment to fill a vacant Council seat until the seat can be filled during the next general election; and WHEREAS, the City Council finds that the proposed referendum ballot question 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 OF THE CITY 8 City of Cape Canaveral Ordinance No. 11 -2011 Page 1 of 4 I OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: '` SECTION 1. Referendum Election. A referendum election is hereby called and scheduled to be held on the 31st day of January, 2012 to determine whether the ballot question appearing in Section 2 herein shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by applicable law. The places for voting in such referendum election shall be such locations as shall otherwise be established for the special election on January 31, 2012. All duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said election. 1 SECTION 2. Amendment to City Charter Section 2.06( c), Filling of Vacancies. (A) Proposed Amendment to the City Charter. It is proposed that Section 2.06( c), Filling of Vacancies, 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 strikeout text indicates a deletion from the existing text of the City Charter): ( 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 at the next general election by 6. tun. Said appointment shall occur within 36 90 days of the vacancy. At the next general election, the vacant position shall be filled by a vote of C the electors for the remainder of the original term. Any councilmember so elected shall take office immediately upon election at the next scheduled city council meeting. - If - the - vaearter occurs . ... . .. . . , ..1 • • •p .1 .... , • • . • : I . 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). (B) Ballot Question. Concurrent with the special election scheduled for January 31, 2012, the following question shall be placed on the ballot: CAPE CANAVERAL CHARTER AMENDMENT FILLING COUNCIL VACANCIES City of Cape Canaveral Ordinance No. 11 -2011 Page 2 of 4 1 This amendment modifies the procedure for filling a vacancy on the 1 City Council. Under the current procedure, a special election is required in certain cases. The amendment, if approved, would require I that in all cases where a Council vacancy occurs, the remaining members of the Council will make an appointment until the next general election, thereby eliminating the need for a special election in certain cases. Yes, For Charter Amendment No, Against Charter Amendment SECTION 3. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed, to the extent feasible, to instruct and coordinate with the Supervisor of Elections of Brevard County to include the above - described questions on the ballot concurrent with the special election to be held on January 31, 2012. SECTION 4. Notice of Referendum Election. General notice shall be first published at least thirty (30) days prior to the January 31, 2012 special election. The publication of said notice shall be made at least 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. SECTION 5. 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 C referendum election. SECTION 6. Voter Registration Books. The Supervisor of Elections of 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 7. Election Administration. The City Charter referendum shall be held and conducted in the manner prescribed by law and shall be, as soon as practicable, 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 proposed amendment to 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. t SECTION 8. 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. I C City of Cape Canaveral Ordinance No. 11 -2011 Page 3 of 4 SECTION 9. 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 10. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida; however, the ballot proposal in Section 2 shall only become effective 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 the proposed ballot proposal to promptly file 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 18th day of October, 201.1 -- , • ,� ' •, ti:'c .,ti,. C: ::::, . . A ' . at (21 I • • . C?fs--cp ROCKY RAN LS, Mayor _. _ • , - 7 A l _ 4 y For Against ATTEST: John Bond X Bob Hoog Second AN LA O'1 �Zij;T Clerk Buzz Petsos Motion C Rocky Randels — X Betty Walsh — X First Reading: October 4, 2011 Legal Ad published: October 7, 2011 Second Reading: October 18, 2011 Approved as • legal form and sufficiency for the City o .. - Canaveral only: 41 ANTHONY A. • RGANESE, City Attorney Election Results: Filling of Vacancies For Amending the Charter: 1141 Against Amending the Charter: 601 City of Cape Canaveral Ordinance No. 11 -2011 Page 4 of 4 i I * *Official ** CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA Brevard County ' i We, the undersigned, Kelly McKibben, County Court Judge, Lori Scott, Supervisor of Elections, and Chuck Nelson, Member of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 10 day of February, A.D., 2012, and proceeded publicly to canvass the votes given for the CITY OF CAPE CANAVERAL SPECIAL ELECTION held on the 31 day of January, A.D., 2012 as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: For City Council, (Vote for One) the whole number of votes cast was 1592 of which number: John Bond received 800 votes Adam Shaffer received 792 votes For the Cape Canaveral Charter Amendment the whole number of votes cast was 1742 of which number: Yes received 1141 votes i , No received 601 votes ke, % 1 6 0 , CO Y COURT JUDGE i 1 1 SUP VISOR OF ELECTIONS L /OA-I"— MEMBER, BOARD OF COUNTY COMMISSIONERS I 1 of 1