HomeMy WebLinkAboutOrdinance No. 43-1985 failedMICROFILMED AUG 87
ORDINANCE NO. 43 -85
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL REQUIRING
THAT THE COUNCIL SHALL PASS NO ORDINANCE, RESOLUTION,
OR MOTION OBLIGATING OR AUTHORIZING THE CITY TO
ESTABLISH OR OPERATE A FIRE DEPARTMENT, OR TO BUILD
OR ACQUIRE A FIRE STATION, 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 HAVING BEEN FIRST APPROVED BY A MAJORITY
VOTE OF THE QUALIFIED ELECTORS OF THE CITY VOTING
IN A GENERAL ELECTION OR ONE HELD FOR THIS PURPOSE.
NOTHING HEREIN SHALL PREVENT THE CITY OR CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., FROM
ENTERING INTO A MUTUAL AID AGREEMENT WITH ANY
MUNICIPALITY, BREVARD COUNTY OR ANY PRIVATE OR
FEDERAL AGENCY FOR THE PURPOSE OF SUPPLEMENTING
THE FIRE PROTECTION SERVICES PROVIDED BY THE CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.
FURTHER PROVIDING THAT ANY ACTION PREVIOUSLY TAKEN
BY RESOLUTION, MOTION, OR OTHERWISE TO ESTABLISH
OR OPERATE A FIRE DEPARTMENT OR TO BUILD OR ACQUIRE
A FIRE STATION SHALL BE TERMINATED OR STAYED UNTIL
BROUGHT INTO COMPLIANCE WITH THIS SECTION.
WHEREAS, the five electors have petitioned the City
pursuant to Article XXI, Sections 12, 13, 14, 15, 16, 17, and
18 of Cape Canaveral City Charter, and
WHEREAS, pursuant to Chapter 166 of the Florida Statutes
and relevant portions of the Cape Canaveral City Charter, the
City Council must approve or disapprove of the proposed
Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of
Cape Canaveral, FLorida, as follows:
SECTION 1. Article XIV, "Fire Department ", is hereby
amended as follows:
Article XIV
THAT THE COUNCIL SHALL PASS NO ORDINANCE, resolution,
or motion obligating or authorizing the City to establish or
operate a Fire Department, or to build or acquire a Fire
Station, 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 having been first approved by a
majority vote of the qualified electors of the City voting
in a general election or one held for this purpose. Nothing
herein shall prevent the City or Cape Canaveral Volunteer
Fire Department, Inc., from entering into a Mutual Aid
Agreement with any municipality, Brevard County or any
private or federal agency for the purpose of supplementing
the fire protection services provided by the Cape Canaveral
Volunteer Fire Department, Inc.
ORDINANCE NO. 43 -85
PAGE 1 OF 2
MICROFILMED AUG 87
FURTHER PROVIDING that any action previously taken by
Resolution, motion or otherwise to establish or operate a
Fire Department or to build or acquire a Fire Station shall
be terminated or stayed until brought into compliance with
this Section.
SECTION 2. All portions of the City Charter and all
Ordinances, Resolutions or policies in conflict herewith are
hereby repealed to the extent of the conflict.
SECTION 3. This Ordinance shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1985.
Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
This Ordinance failed on First Reading on September 17, 1985
and was placed on the ballot as a referendum question. It was
subsequently adopted by the voters at the General Election held
on November 5, 1985.
Signed this 7th day of November 198
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ORDINANCE NO. 43 -85
PAGE 2 OF 2
ORDINANCE__ NO. 43-85
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL REQUIRING
THAT THE COUNCIL SHALL PASS NO ORDIANCE, RESOLUTION,
OR MOTION OBLIGATING OR AUTHORIZING THE CITY TO
ESTABLISH OR OPERATE A FIRE DEPARTMENT, OR TO BUILD
OR ACQUIRE A FIRE STATION, 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 HAVING BEEN FIRST APPROVE BY A MAJORITY
VOTE OF THE QUALIFIED ELECTORS OF THE CITY VOTING
IN A GENERAL ELECTION OR ONE HELD FOR THIS PURPOSE.
NOTHING HEREIN SHALL PREVENT THE CITY OR CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC, , FROM
ENTERING INTO A MUTUAL AID AGREEMENT WITH ANY
MUNICIPALITY, BREVARD COUNTY OR ANY PRIVATE OR
FEDERAL AGENTY FOR THE PURPOSE OF SUPPLEMENTING
THE FIRE PROTECTION SERVICES PROVIDED BY THE CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.
FURTHER PROVIDING THAT ANY ACTION PREVIOUSLY TAKEN
BY RESOLUTION, MOTION, OR OTHERWISE TO ESTABLISH
OR OPERATE A FIRE DEPARTMENT OR TO BUILD OR ACQUIRE
A FIRE STATION SHALL BE TERMINATED OR STAYED UNTIL
BROUGHT INTO COMPLIANCE WITH THIS SECTION.
WHEREAS, the five electors have petitioned the City
pursuant to Article XXI , Sections 12 , 13 , 14 , 15 , 16 , 17 and
18 of Cape Canaveral City Charter, and
WHEREAS, pursuant to Chapter 166 of the Florida
Statutes and relevant portions of the Cape Canaveral City
Charter, the City Council must approve or disapprove of the
proposed Ordinance.
NOW THEREFORE, be it ordained by the City Council of
Cape Canaveral, Florida, as follows:
SECTION 1. Article XIV, "Fire Department" , is hereby
amended as follows:
Article XIV
THAT THE COUNCIL SHALL PASS NO ORDINANCE, resolution,
or motion obligating or authorizing the City to establish or
operate a Fire Department, or to build or acquire a Fire
Station, 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 having been first approved by a
majority vote of the qualified electors of the City voting
in a general election or one held for this purpose. Nothing
herein shall prevent the City or Cape Canaveral Volunteer
Fire Department, Inc. , from entering into a Mutual Aid
agreement with any municipality, Brevard County or any
private or federal agency for the purpose of supplementing
the fire protection services provided by the Cape Canaveral
Volunteer Fire Department, Inc.
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ORDINANCE NO. 43-85 11
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FURTHER PROVIDING that any action previously taken by
resolution, motion or otherwise to establish or operate a
Fire Department or to build or acquire a Fire Station shall
be terminated or stayed until brought into compliance with
this Section.
SECTION 2 . All portions of the City Charter and all
Ordinances , Resolutions or policies in conflict herewith are
hereby repealed to the extent of the conflict.
SECTION 3 . This Ordinance shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape
Canaveral, Florida this 17th day of September, 1985 .
Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
ORDINANCE NO. 43-85
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