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

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1 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; PROVIDING FOR A BALLOT QUESTION; PROVIDING FOR THE FILING OF 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 is considering a proposal to schedule an election, in an election year, upon receipt of a Commissioner s irrevocable resignation effective on or about a November election, whose resignation tracks the Florida Resign- To-Run law, Section.0, F.S.; and WHEREAS, the City Commission of the City of Cocoa Beach finds that it would be in the best interest of the citizens of Cocoa Beach to have greater certainty with regards to scheduling even-year November elections for Commissioner vacancies created by Commissioner resignations; and WHEREAS, the present Charter provisions would result in the appointment of a Commissioner to fill the seat of the resigned Commissioner, whose appointment would be for a full year until an election could be scheduled; and WHEREAS, as a consequence of the aforesaid, the City Commission desires to amend the Charter and place such amendment on a referendum to be submitted to the electors of the City of Cocoa Beach, for their consideration, at the general election to be held on November, 0. 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.

2 ORDINANCE NO. 0 0 Section. CHARTER AMENDMENT. For purposes 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: 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. The qualifying and election in November of all years shall be held to fill a vacancy in the office of commissioner or mayor that either occurs prior to August of that year or where the City Clerk receives an irrevocable resignation of the mayor or a commissioner, 0 days prior to the first day of qualifying for the November election and effective on or about the date of said election. 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. Section. REFERENDUM. The proposed Charter amendment 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, 0 and approve the amendment. An amendment 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. Page of

3 ORDINANCE NO 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: 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 for a Commission Seat vacancy that occurs prior to August of that year or where the City Clerk receives an irrevocable resignation of the mayor or a commissioner, 0 days prior to the first day of qualifying for the election and effective at the next election in November? YES (for approval) NO (for rejection) Section. NOTICE. The City Clerk is requested to publish the notice of this referendum in a newspaper of local circulation within the municipality. Section. GOVERNANCE OF REFERENDUM PROCEDURE. The referendum described herein shall be held in accordance with this Ordinance, the Cocoa Beach City Code, and the laws of the State of Florida. 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 0.INCLUSION IN THE CODE. It is the intention of the City Commission, and it is hereby ordained that the amendments presented in the Charter Amendment 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. Page of

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5 ORDINANCE NO. 0 0 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, 0. 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, 0. Ayes: Nays: Absent or Abstaining: Leon Skip Beeler, ATTEST: Mayor-Commissioner Loredana Kalaghchy, MMC City Clerk First Reading: Date Posted: Date Published: Page of

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

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