HomeMy WebLinkAboutResolution No. 1986-07RESOLUTION NO. 86 -7
A RESOLUTION REQUESTING THE BREVARD, COUNTY
DELEGATION TO THE FLORIDA STATE LEGISLATURE
TO INTRODUCE,' SPONSOR AND SUPPORT THE
'ENACTMENT OF LEGISLATION AMENDING SEC.
166.031, . FLORIDA STATUTES, TO PROVIDE THAT
THE NUMBER OF REGISTERED ELECTORS OF A
MUNICIPALITY IN ITS "LAST PRECEDING
MUNICIPAL GENERAL ELECTION" SHALL BE USED
IN CALCULATING THE NUMBER OF REGISTERED
ELECTORS OF SUCH MUNICIPALITY REQUIRED ON
A PETITION FOR CHARTER AKEND14ENT BY
INITIATIVES R$PERENDUMs PROVIDING AN
EFFECTIVE DATE .
WHEREAS, Sec. 166.031, Florida Statutes, empowers ten
percent (101) of the registered electors of any municipality
to require a municipal referendum on aproposed municipal
charter amendment, a copy of said 'statutory section being
attached hereto and incorporated hareintand
WHEREAS, said Seca 166.031, Florida ;Statutes, as presently
worded, falls, to particularly specify the time, or date, when
the number of registered electors of a municipality` is to be
.determined for the purpose of calculating the ten percent
(101) of such electors required for a petition for initiative
referendums and
WHEREAS, the number of registered electors of a
municipality may change from day to day= and
WHEREAS, the Brevard County Supervisor of Elections
proposes that said statute be amended by incorporating
therein additional language specifying that the ,number of
registered electors of a municipality in its "last preceding
municipal general election" shall be used in calculating the
ten percent (104) of registered electors required on a
' petition for initiative referendum= and
WHEREAS, the amendment of said Sec. 166.031, Florida
Statutes', as proposed by the Brevard County Supervisor of
Elections, wills
(a) Provide a specific uniform time .(date)for
determination of the number of registered'
electors of'" municipality for the purpose
of calculating' the number:of signatures needed
on a petition for initiative; referendum within
the municipality; and
RESOLUTION NO.. 86-7
Page 1 of 3
(b) Make said statute uniform with other state
statutes and municipal ordinances which
refer to "the last general election' in
their application; and
(c) Eliminate confusion as to the number of
electors required, on a' petition for
municipal charter amendment by initiative
referendumt
'NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Cape Canaveral, Florida, asfollowe:
SECTION 1. The City of Cape Canaveral requests the
Rrevard County Delegation.to the Florida State Legislature
to introduce, sponsor, support and cause to be enacted at
the next regular session of the Florida,Legislature,
legislation amending Sec, 166.031; Florida Statutes, by
incorporating therein additional ianguage'epecifying that
the number of registered electors of a municipality in its
"last preceding municipal general election* shall be used
in calculating the ten percent (10 %) of registered electors
required on apetition for initiative referendum,
SECTION 2.' That the language underscored below be
added to, and incorporated in, said Sec. 166.031, Florida
Statutes, in the manner illustrated below, to effect the
proposed amendment to said statute', to -wit!
Sec. 166.031 Charter amendments.- -
signed by 10 percent of the
registered electors as shown for the
Ise t recedin munic a enera
e ect on„ su t to e electors
-b as municipality...•
SECTION 3. The City Clerk is hereby . directed to furnish
' a copy of this Resolution to each member of the Brevard
County Delegation to the Florida State Legislature, and to
the Executive Director of the Florida League of Cities, and
to the Browerd County Supervisor of Elections.
RE93 mim N0. 86 -7
Page 2 of 3
V
MICROFILMED AUG 87
SECTION 4. This Resolution shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape
Canaveral, Florida, this 4th day of February 1986.
Mayor
ATE- 3�EA�t tit `frf
drk
NAME YES NO
FISCHETTI j{
r��aproved as tb Farm:,
LEE X
1, 411 V MARCHETTI
3 -��P F X
NICHOLAS
_ WINCHESTER X
City At orn
RESOLUTION NO. 86 -7
Page 3 of 3
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100.0!1 Charter ameodments.-
(I) 77rsyowminl body are municipality may, by
Writers= Of the electors of a municipality may by
petition ;4m d 0 grant of the registered;jw.
tam, subsoil tow* lectors of said municipality ■
propaad awndmat to Its charter. Which amend.
moot . Y M to any part w to a of said abater .. apt that Part describing the boundaries of such mu.
nicipelity. The governing bedrr of the munkiClrty
stmtl plea the propoesd aronads contained is tM
wditnana a Pali to a vole of the efeeton at the
general slectioe Mid within the municipality a
At1Y.peutel station called for such pwpow
ter of a muddpslft by a majority of the ect•
.'Yell in • ntatadum upon such ma ndmsot, tha gov.
OfoIPt( body of aid meatcipelity shelf haw the
s ommemsos incorporated into the charter and atoll
Ns U. robed charter with an lispartm.ot of Btete,
at whkh time the nvMd charter shalt take offset
(0) A mwucipalitY may amend its charter punu•
ant a thin section noswithatenti ft any charter provi.
afau te tM eatery. This section . be .uppk•
mentef to the provitions of all other I.- rsitting to
tM amendment of municipal chamrs and 6 not is.
tended to diminish any subalantwo w procedural
PD— vested in any municipality by pr.eent law. A
municipality May. by wdinsna and without refs.•
dues, redo me its boundaries to include only those
lauds pmviouay sontied and shelf fib said ndarud•
tion with the Department of 64te pursuant to the
pr14) 7l nssul M ao rlatrictiam by IM munk4
Pality Pit soy am 'a a employ.* `m i poGti...
al activity, whlfa nun working, is any r mendum
ehans�mr employ.* rig44.
16) A municiylity may. by uaanimam eW of th.
geverniay b t abolish municipal if.partmsnte pro.
4 rune in tM muoicipei tbartar and .mead p_m i.
/udkiall lesauacs out of: tM chalet which Iw Men
Y anakwd te M tvntrary to aitha the auto
a falmat awlitution,
ATAK7M1Pr 70
ICAPICN N0. 66-7