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HomeMy WebLinkAboutOrdinance No. 14-1989ORDINANCE NO. 14 -89 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, DELETING FROM ARTICLE III, SECTION 1, OF THE CAPE CANAVERAL CHARTER, THE REQUIREMENTS THAT THE MAYOR AND MEMBERS OF THE CITY COUNCIL BE FREEHOLDERS WITHIN THE CITY AND REQUIRING THEM TO BE RESIDENTS OF THE CITY FOR A PERIOD OF TWO YEARS IMMEDIATELY PRECEDING THE ELECTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Article III, Section 1, of the Cape Canaveral Charter is hereby amended pursuant to the express authority. granted under Section 166.031(5), Florida Statutes, by deleting the requirement that the Mayor and City Council members be freeholders within the City and that they must be residents of the City for a period of two years immediately preceding their election, which said language has been judicially construed to be contrary to either state or federal constitutional law. Section 1 of Article III is hereby amended as follows: Section 1. Qualifications of Mayor and Councilmen. The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess qualifications of electors therein. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall, while in office, be convicted of a crime involving moral turpitude, shall forfeit his office and his seat shall immediately become vacant. Absence from four consecutive regular meetings of the City Council, or from thirty percent of the meetings held annually, shall operate to vacate the seat of a member of the City Council or the office of Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. SECTION 2. All portions of the Code in conflict herewith are hereby repealed. ORDINANCE NO. 14 -89 PAGE 1 OF 2 SECTION 3. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of October 1 , 1989. jedoe.n,to First Reading 10 -3 -89 Posted: 10 -4 -89 Ad'vertis ?A0 10 -5 -89 Second Reading: 10717-89 V ✓H NAME YES NO HOOG X KIDD X WM X RANDELS Abs flt SALAMONE X Thurm X ORDINANCE NO. 14 -89 PAGE 2 OF 2