ORDINANCE NO WHEREAS, the City Commission discussed a proposal to eliminate odd year elections; and

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1 0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE CITY CHARTER; - SECTION.0 CITY COMMISSION AND TERMS OF OFFICE; - SECTION.0 ELECTIONS, HOW DECIDED; - SECTION.0 FILLING OF VACANCIES, AND - SECTION.0 ACTION ON PETITIONS; PROVIDING FOR A REFERENDUM ON THE CHARTER AMENDMENTS; PROVIDING FOR BALLOT QUESTIONS; PROVIDING FOR FILING THE REVISED CHARTER WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS OF BREVARD COUNTY, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the City Commission discussed a proposal to eliminate odd year elections; and WHEREAS, the City Commission of Cocoa Beach finds that in previous elections of City Commissioners voter turnout has been greater during Florida gubernatorial and United States presidential election years ( even numbered years ) than other nonpresidential election years ( odd numbered years ); and WHEREAS, the City Commission of the City of Cocoa Beach also finds that it would be in the best interest of the citizens of Cocoa Beach to hold elections of City Commissioners during years, which historically have a higher voter turnout; and WHEREAS, eliminating odd-year elections would allow for a reduction in expenses and avoid low voter turnout; and WHEREAS, as a consequence of the aforesaid, the City Commission desires to amend the Charter and place such amendments on a referendum to be submitted to the electors of the City of Cocoa Beach for their consideration at the general election be held on November,. NOW, THEREFORE, BE IT ENACTED BY THE CITY OF COCOA BEACH, FLORIDA, as follows: Section. RECITALS ADOPTED. The foregoing Whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this ordinance upon adoption hereof. Section. CHARTER AMENDMENTS. For purposed of interpreting the revisions, text that is underlined is an addition to the existing text of the City Charter and text that is stricken through is a deletion from the existing text of the City Charter. The Charter of the City of Cocoa Beach, Florida is amended to read as follows:

2 ORDINANCE NO. PAGE 0. The City Commission of the City of Cocoa Beach amends Section.0 City Commission and Terms of Office to read as follows; Cocoa Beach Charter Section..0. City commission. Composition. The city commission herein created shall consist of five () commissioners elected at large by the citizens. One of the commissioners shall stand for election as and shall be elected by the citizens as the mayor. Each commissioner, including the mayor, shall have the qualifications stated in Section.0, and each commissioner shall serve for a term of four three () () years or until a successor has been selected and qualified.. The City Commission of the City of Cocoa Beach amends Section.0 Elections, How Decided to read as follows; Cocoa Beach Charter Section..0. Elections, How Decided. Election. An election among candidates for one () or more of the five () city commission seats shall hereafter be held in even numbered years on the first Tuesday after the first Monday in November. To adjust the Commissioner s and the Mayor s terms from year to year staggered terms, the terms shall be configured as follows; Mayor Seat shall expire in - instead of, Seat expires in - no change, Seat expires in - no change, Seat expires in and Seat expires in. Seats, and shall be filled in for four () year terms. Seats and shall be filled in for four () year terms. These elections shall be at large, and the designation of seats shall not be used or construed to divide the city into commission districts for purposes of qualification, election, or representation. Candidates in city general elections shall be elected by a plurality vote of those voting. If two () or more candidates qualify for one () seat, the candidate receiving the plurality of the vote cast for that seat shall be declared elected. If only one () candidate qualifies for a seat within the time limit for qualification, or if a vacancy in candidacy caused by death, withdrawal or removal from the ballot of qualified candidates, following the end of the qualifying period, which leaves fewer than two candidates for the office, that candidate shall be declared elected to that seat. If no candidate qualifies for a seat, or if all candidates for a seat either withdraw, are removed from the ballot or die, after the close of the qualifying period, but before the election, the term of the commissioner holding that seat shall be extended until the next regular election.. The City Commission of the City of Cocoa Beach amends Section.0 Filling of Vacancies to read as follows; Cocoa Beach Charter Section..0. Filling of Vacancies. By a majority vote of its remaining members, the city commission may appoint a qualified person to fill any vacancy on the city commission, and such person shall serve until a successor is elected as provided for in this section. Such vacancy shall be subsequently filled by the voters for the remainder of the unexpired term, if any. at the next regularly scheduled election. The qualifying and election in November of all years

3 ORDINANCE NO. PAGE shall be held to fill a vacancy in the office of commissioner or mayor that occurs prior to August of that year. that occurs at least 0 days after the occurrence of the vacancy. If at any time the membership of the city commission is reduced to less than three (), the governor shall fill such vacancies and the members of the city commission appointed by the governor shall serve until such vacancies are filled by election as provided in this section. Should there be a vacancy in the office of the mayor, the vice-mayor shall serve until such time as the vacancy is filled by election as provided in this section. The commission shall then appoint an acting vice-mayor.. The City Commission of the City of Cocoa Beach amends Section.0 Action on Petitions to read as follows; Cocoa Beach Charter Section..0. Action on petitions. When a referendum petition has been finally determined sufficient, the commission shall promptly consider the proposed ordinance, amendment, or repeal request. If the commission fails to adopt a proposed ordinance or amendment without any change in substance or if it fails to repeal the ordinance requested within sixty (0) days after the date the petition was finally determined sufficient, the commission shall submit the proposed ordinance, amendment or repeal request to the voters of the city by holding an election in November, if a petition is submitted and verified by August of that year. at a special or regular election which shall be held not more than one hundred twenty () days following the date upon which the commission ordered the matter submitted to the voters. Section. REFERENDUM. The proposed Charter amendments contained in this ordinance shall be sent to referendum and shall become effective, if a majority of City voters vote in the municipal election on November, and approve the amendments. Amendments approved by City voters as provided by law shall be effective immediately and become part of the City Charter. If approved, the City Clerk is directed to promptly file the amended Charter with the State of Florida, Secretary of State, as required by Section.0, Florida Statutes (0). The remaining sections of this Ordinance shall take effect immediately upon the adoption of this Ordinance. Section. BALLOT QUESTIONS: The form of the ballot title shall be in a clear, concise statement describing the substance of the proposed charter amendment without argument or prejudice. Below each ballot title shall appear the following questions:

4 ORDINANCE NO. PAGE 0 Referendum. AMENDING THE CHARTER AS TO COMMISSIONERS AND MAYOR S LENGTH OF TERMS AND SCHEDULING OF ELECTIONS Shall Cocoa Beach amend its charter to hold evenyear elections, to coincide with gubernatorial and presidential elections; and increase the Commissioners and Mayor s terms from year to year, staggered terms configured as follows; Mayor Seat expires in - instead of, Seat expires in - no change, Seat expires in - no change, Seat expires in and Seat expires in? Referendum. AMENDING THE CHARTER AS TO FILLING COMMISSIONER AND COMMISSIONER MAYOR VACANCIES Shall Cocoa Beach amend its charter to allow qualifying and an election in November of all years to fill a vacancy in the office of commissioner or mayor that occurs prior to August of an odd or even numbered year? Referendum. AMENDING THE CITY OF COCOA BEACH CHARTER WITH REGARD TO ACTION ON PETITIONS Shall Cocoa Beach amend its charter to allow an election in November of all years, if a petition is submitted and verified by August of that year? Section. NOTICE. The City Clerk is requested to publish the notice of these referendums in a newspaper of local circulation within the municipality. Section. GOVERNANCE OF REFERENDUM PROCEDURE. The referendums described herein shall be held in accordance with this Ordinance, the Cocoa Beach City Code, and the laws of the State of Florida.

5 ORDINANCE NO. PAGE 0 Section. RATIFICATION OF REFERENDUM RESULTS. Following the referendums described herein, the City Commission shall adopt a resolution declaring and ratifying the results of the referendum. Section. REPEAL OF INCONSISTENT ORDINANCES. Any Ordinance in conflict with this Ordinance is hereby repealed. Section. CONFLICT. In the event that any provision in this article is found to be contrary to any other existing City Charter, Code or Ordinances covering the same subject matter, the more restrictive will apply. Section.INCLUSION IN THE Code. It is the intention of the City Commission, and it is hereby ordained that the Charter Amendments of this Ordinance shall become and be made a part of the City s Charter and that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions. Section. SEVERABILITY. Should any section or provisions of this Ordinance or any portion hereof or any paragraph sentence or word be declared by a court of competent jurisdiction to be invalid, unenforceable or unconstitutional for any reason, such decision shall not affect the validity of the remainder of this Ordinance, and this Ordinance shall be read/applied as if the invalid, unenforceable or unconstitutional part did not exist, and the remainder shall remain in full force and effect. Section. EFFECTIVE DATE. This Ordinance shall be become in full force and effect upon adoption by the City Commission and approval by the voters of Cocoa Beach. Section : COORDINATION WITH SUPERVISOR OF ELECTIONS. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard County, Florida to include the ballot questions set forth in Section on the ballot of the General Election to be held in the City of Cocoa Beach and Brevard County, Florida on November,. Upon Motion by Commissioner and Seconded by Commissioner this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of,. Ayes: Nays: Absent or Abstaining: Leon Skip Beeler, ATTEST: Mayor-Commissioner Loredana Kalaghchy, MMC City Clerk First Reading: Date Posted: Date Published:

ORDINANCE NO NOW, THEREFORE, BE IT ENACTED BY THE CITY OF COCOA BEACH, FLORIDA, as follows:

ORDINANCE NO NOW, THEREFORE, BE IT ENACTED BY THE CITY OF COCOA BEACH, FLORIDA, as follows: 0 0 0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE CITY CHARTER; - SECTION.0 FILLING OF VACANCIES, AND PROVIDING FOR A REFERENDUM ON THE CHARTER AMENDMENT;