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HomeMy WebLinkAboutOrdinance No. 23-19981 1 1 ORDINANCE NO. 23-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE III, SECTION 4, VACANCIES IN ELECTED OFFICES, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; AMENDING PRESENT SECTION 4, VACANCIES IN ELECTED OFFICES, OF ARTICLE III OF THE CITY CHARTER; PROVIDING FOR THE ELECTION BY THE VOTERS OF ANY SEAT VACATED PURSUANT TO THE RESIGN TO RUN LAW CODIFED IN F.S. 99.012(3); PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANVERAL THE PROPOSED AMENDMENT TO ARTICLE III, SECTION 4, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR NOTICE OF THE PROPOSED AMENDMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, as follows: SECTION 1. STATEMENT OF POLICY. (a) The City Council finds that the present Section 4, Vacancies in Elected Offices, of Article III of the City Charter provides that Council shall fill the vacancy of one of its elected members if that member resigns the position pursuant to the provisions of F.S. 99.012(3). (b) The City Council has determined that it is in the City's best interests that a vacancy created in such a matter should be filled by a vote of the electors at the same general election for which the vacating Council Member seeks qualification and election. (c) The City Council finds that the adoption of new procedures to fill a vacancy caused by the resign to run provision of F.S. 99.012(3) by general election as opposed to appointment by the remaining Council Members to be in the best interests of the citizens and voters of the City and is necessary for the health, safety, and welfare of the City and its inhabitants. SECTION 2. Article III, Section 4, Vacancies in Elected Offices, of the City of Cape Canaveral Charter is hereby amended to read as follows (underlined text is an addition to the existing text of the City Charter): 1 1 City of Cape Canaveral Ordinance No. 23 -98 Page 2 ARTICLE III SECTION 4, VACANCIES IN ELECTED OFFICES 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 Members whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such appointments 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 election for which the vacating Council Member seeks qualification and election, even though the vacating Council Member's resignation may not be effective until after the day of the election. SECTION 3. EI'FJ CTIVE DATE. This Ordinance shall not become effective unless a majority of the qualified electors of the City of Cape Canaveral vote in favor of the proposed amendment to the City Charter as described in Section 2 of this Ordinance at the next regular election of the City to be held in November, 1998. In the event a majority of the qualified electors of the City of Cape Canaveral vote in favor of the proposed amendment contained in Section 2 of this Ordinance, the amendment to Article \\ CAPEN INcitycl eek \CityClk1Otdmancas\Referendum Vacancies in Elected Office.doc 1 1 1 City of Cape Canaveral Ordinance No. 23 -98 Page 3 III, Section 4, of the City of Cape Canaveral Charter shall be effective on December 1, 1998. SECTION 4. The voting machines and paper ballots for the November 1998 election at which proposed amendment to Article III, Section 4 of the City of Cape Canaveral Charter shall carry the following designation, which shall be the title and explanatory statement of the proposed amendment: Yes No Amendment No. THE VACANCY IN ELECTED OFFICE CHARTER AMENDMENT OF 1998 OF THE CITY OF CAPE CANAVERAL Should the City Charter be amended to provide that a vacancy created in the City Council, by virtue of a Council Member's resignation under the State of Florida resign to run law to seek election at another position, be filled by a vote of the general electors of the City at the same general election rather than by appointment by the remaining Council Members. Each elector of the City of Cape Canaveral voting at said election and desirous of voting for or against said amendment shall indicate his or her choice by depressing the appropriate counter of the voting machine which indicates the word "Yes" or the word "No" or by marking on paper ballots, where used. SECTION 5. NOTICE. The proper officials of the City of Cape Canaveral shall give notice of the proposed amendment to be presented at the November 1998 City election, which notice shall be published in the manner and for the length of time required by law. \\ CAPE-Nllcilyolak \CityCJk\Ordmanaes\Referendum Vacancies in Elected Office.doc 1 1 1 City of Cape Canaveral Ordinance No. 23 -98 Page 4 SECTION 6. SEVERABILITY. If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected thereby and shall continue in full force and effect. SECTION 7. CONFLICTING ORDINANCE AND RESOLUTIONS. Any ordinance or parts of an ordinance in conflict herewith are hereby repealed to the extent of such inconsistency or conflict. SECTION 8. SUBMISSION OF VOTERS. This Ordinance, as an act of the City Council submitting the proposed amendment to Article III, Section 4 of the City of Cape Canaveral Charter to the qualified electors of the City, shall take effect immediately upon its adoption for the purpose of submitting the amendment to the electors of the City, but shall become effective as part of the City Charter only upon the vote of the qualified electors of the City of Cape Canaveral at the November 1998 election. \\CAPE- NINcityclerk \Cityak\Ordi�ces\Referendum Vacancies in Elected Office.doc 1 1 City of Cape Canaveral Ordinance No. 23 -98 Page 5 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of July, 1998. Burt Bruns Tony Hernandez Brzz Petsos Rocky Randels Joy Salamone \\ CAPE- NINcitycleatCityc1 Otd nanc \Referenda n Vacancies in Elected Office.doc Rocky Randels, MAYOR FOR Second Motion X X X AGAINST First Reading Posted: Published: Second Reading. June 16, 1998 June 17, 1998 June 21, 1998 July 7, 1998