HomeMy WebLinkAboutOrdinance No. 34-1993ORDINANCE NO. 34 -93
EMERGENCY ORDINANCE
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, ENACTED AS AN
EMERGENCY ORDINANCE IN ACCORDANCE WITH ARTICLE
XXIV, SECTION 4 OF THE CHARTER OF THE CITY OF
CAPE CANAVERAL AND SECTION 166.041(3)(C),
FLORIDA STATUTES; PROVIDING LEGISLATIVE
FINDINGS; 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 PERIOD DURING WHICH THIS
EMERGENCY ORDINANCE IS EFFECTIVE; 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. Legislative Findings. The City Council finds that
three (3) candidates have qualified for three (3) positions on the
City Council to be filled by the general election to be held on
November 2, 1993. The City Council finds that, in certain
circumstances, it is not necessary to conduct a general election in
the event the number of candidates does not exceed the number of
positions to be filled in an election. The City Council finds that
the public welfare will be best served by the passage of this
Emergency Ordinance in order that the City of Cape Canaveral may
forego the costly expense of a general election when such election
may not be required. The City Council finds that this Emergency
Ordinance is necessary in order that this procedure be established
prior to the time the City must call a general election.
SECTION 2. Section 231.01, The Council, of the Code of
Ordinances of the City of Cape Canaveral, Florida, is repealed and
re- enacted as follows:
CHAPTER 231
GENERAL ORGANIZATION
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
City of Cape Canaveral, Florida
Ordinance No. 34 -93
Page 2
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
greastest 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 3. 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
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 4. Effective Period. This Emergency Ordinance shall
be temporarily effective for a period of thirty (30) days from the
date of its passage. If this Ordinance is not hereafter passed in
the manner provided for the adoption of ordinances which are not
emergency ordinances and all time and notice requirements provided
in the City Charter and by general law are not complied with within
said thirty (30),day period following the passage of this Emergency
Ordinance, this Emergency Ordinance shall expire at the end of said
thirty (30) day period.
SECTION 5. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
SECTION 6. 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
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City of Cape Canaveral, Florida
Ordinance No. 34 -93
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to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 7. Effective Date. This ordinance shall become
effective upon its passage and adoption this 21st day of September,
1993 and shall be effective for candidates who have qualified for
the general election of November 2, 1993, even though said
qualification precedes the passage and adoption of this Ordinance.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 21st day of September , 1993.
John'R. 'IKancili.,aa,. CITy ATTORNEY
Cob
Salamone, MAYOR
EMERGENCY ORDINANCE
First Reading: 9/21/93
Posted: 9/21/93
Advertised: N/A
Se` :. Reading: 9/21/93