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HomeMy WebLinkAboutOrdinance No. 19-1963 ; ,0 1EIDED P EPVILED MCRORILME e • oR�. CRb. 3.13980 o�zb. ORDINANCE NUMBER , '1a-63 • AN ORDINANCE SETTING FORTH AND PRESCRIBING- THE RULES OF PROCEDURE OF THE CITY COUNCIL FOR THE CITY OF CAPE CANAVERAL, FLORIDA, ' AND SJ CIFICALLY RELATING TO : GOVERNING RULES; REGULAR MEETINGS ; SPECIAL MEETINGS ;. AGENDA; PRESIDING OFFICER, FT,ECTION, DUTIES ;' PARLIAMENTARIAN; ATTORNEY; CALL TO ORDER; ROLL CALL; QUORUM; ORDER OF BUSINESS ; RULES OF DEBATE; READING MINUTES ; VOTES BY ROLL CALL; ADDRESSING COUNCIL; ADDRESSING COUNCIL, MANNER, T IME; DECORUM; SERGEANT-AT-ARMS ; PERSONS AUTHORIZED AT COUNCIL TABLE; SPECIAL COMMITTEES . STANDING COMMITTEES ; COUNCIL \l MEMBERS' AREAS OF DIRECT RESPONSIBILITY; ORDINANCES , RESOLUTIONS..., MOT IONS, CONTRACTS ; ADJOURNEMENT; 'CLERK, MINUTES', AGENDA. • WHEREAS, Section 2, Article V, of House Bill Number 167 enacted during the . regular session of;'the 1963 Florida Legislature permits the City Council to enact its own rules of procedure, it''is' t herefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA: SECTION I RULES OF PROCEDURE OF CITY COUNCIL The following rules of procedure shall govern all meetings, both special and regular, of the City 'Council , namely: Rule 1.01 Governing rules. `- Except as may be provided in the charter, questions of orders the methods of organization and the conduct of business of the council shall be governed by Mason' s Manual of Legislative Procedure (1953 Edition) in all cases to which they are applicable, and which are consistent with these rules. Rule 1.02 Regular meetings. The City Council shall hold regular meetings the first and third Tuesday of each month at seven-thirty o'clock in the evening. When the day fixed for any regular meeting falls upon a day designated by law as a legal , national or religious holiday, such meeting shall be held on the next succeeding day not a holiday. Regular meetings may be other- wise postponed, or cancelled, only by resolution adopted at .,... MICROFILMED 8 a regular meeting by a majority of the entire membership of the council. All regular meetings shall be held in the City Hall of the City of Cape Canaveral , Florida, and shall be open to the public and to the press. Rule 1.03 Special Meetings. A special meeting of the City Council may be set at . any regular meeting of the council by an affirmative vote of a majority of the councilmen present , or a special meeting of the city council may be called whenever the majority of the council requests a special meeting. • Whenever a special meeting shallbe called by a majority of the members of the council , a notice in writing signed by such majority, shall be served upon the city clerk. , The clerk shall forthwith serve eitherverbal or written notice member of upon each e b - p m m the council , stating the date and hour of the meeting and' the purpose for which such meeting is called, and no other business shall be enacted at that meeting. The clerk in his notice of a special meeting shall allow at least twenty- four hours to elapse between the call of the meeting and the date and hour of the meeting. Whenever an emergency exists which requires immediate action by the council , a majority of the` council may call a meeting by;notifying the city clerk who shall cause the council to meet on short notice by telephone or otherwise . in special meeting for the purpose. I`f, after reasonable diligence , it was impos- sible to give notice to each councilman, such failure shall not effect the legality of the meeting if a quorum be in attendance. The minutes of each special meeting shall show the manner and. method by which notice of such special meeting was given to each member of the . council ,, or shall show a waiver of ,;noti'ce. �.�'' All special meetings shall be open to the public and shall ,be, held and conducted in the City Hall -2- r ° MICROFILMED- , os a 3.13430 within the City- of Cape Canaveral , Florida. Minutes thereof shall be kept. by the city clerk. Rule 1.04 Agenda. There shall be an official agenda for every meetingof the council , which shall determine the order of business,. conducted at the meeting. The council shall not take action, upon any matter, proposal , report or item of business which is not listed upon the official agenda, unless the entire council shall have first consented to the presentation therecf for consideration and action. The agenda shall be prepared by the clerk in appropriate form approved by the council. Matters .may be placed on the agenda by the city attorney or , any member of the city council. All items of business to be placed on the agenda of a regia meeting shallbe submitted to the city. clerk prior to ten o 'clock on the Friday morning immediately preceding the next regular meeting date. The regular meeting agenda shall be made known to the public on, or before, one o 'clock on the Monday afternoon immediately preceding the regular meeting date at' which time the agenda will become the orders of the day. Rule 1.05 'Presiding officer, election, duties. The presiding officer of the council is the mayor, who shall be elected annually by a majority of the members present at the first regular meeting after the general: city election of each year. The council shall also elect a mayor pro-tem, who shall preside over the council in the absence of the mayor. . The mayor shall assume the chair -as presiding officer immediately after his election. The, presiding ' officer shall preserve strict order and decorum at all meetings of the council. He. shall state every question coming before the council and announce. the decision of the council on all matters comingbefore' it . .,,,A majority vote of the members present shall- govern and conclusively determine all questions I - . • M ICROFILME® Q Y 343-80 of order not otherwise covered. . The, mayor may vote on any issue before the council which has resulted in a tie vote, as provided in the city charter. The mayor shall sign all ordinances and resolutions adopted by the council during his presence. In the event of the absence of the mayor, such ordinances and resolutions shall be signed by the presiding officer. Rule 1.06 Parliamentarian. The city attorney or his designee in his absence, shall act as parliamentarian, and shall advise and assist the presiding officer in matters of parliamentary law. _. Rule 1.07 Attorney. The city attorney or such member of., his office as he maydesignateshall be available to the council at all meetings He shall draw ordinances and resolutions 'for any member of the council when,.and as directed. • Rule 1.08, Call. to order. The mayor shall take the chair' at the hour appointed for the. meeting, and, shall immediately call the council to order. In the absence of the mayor, and the mayorpro-tem, the clerk shall then determine whether a quorum is present and in that event shall call for, theelection of a temporary presiding officer. Upon the arrival of the mayor, or the mayor pro-tem, the temporary presiding officer shall relin- quish the chair upon the conclusion of the business immediately before the council. Rule 1.09 Roll call. ' Before proceeding with the business of the council , the clerk or his designee shall call the roll of the members in alphabetical order, and the names of those present shall be. entered in the minutes. Rule 1.10 Quorum. A majority of the whole .number of ;members of the council shall constitute a quorum. No ordinance, resolution -4- O .r,,.. O 1 MICROFILMED 3-13-80 or motion shallbe adopted by the council without the af- firmative vote_ of the majority of ,all the members present. Should no quorum attend within thirty minutes after the hour appointed for the meeting ;of the council , the mayor, or the mayor pro-tem, or in their absence, the clerk , or' his designee, may adjourn the meeting until the next day, unless by unanimous agreement those members present wlect another, hour or day. The names of the members present and their action at such meeting shall be recorded in' the minutes by the clerk. Rule 1.11 Order of business. All meetings of ,the council shall be open to the public,. Promptly at:the hour set for each meeting, the members of . the council, the :city attorney, the mayor and the clerk shall take their regular stationsin the council. chamber; aid the business of the council shall be taken up for consideration and disposition in accordance with the agenda for the meeting. The agenda shall constitute the order of business, unless otherwise determined by unanimous consent of the council. Rule 1.12 Rules of debate. (a) QUESTION UNDER CONSIDERATION: When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to post- pone, or to amend until the question is decided. These='motions.. .shall ".have..preference::in- .the. °order in which they are mentioned and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next regular meeting by a majority of the members present . . -5- • 0 NiOCROFfLME® 0 - - . :- 3-13-20 (b) AS TO THE MAYOR: The mayor or suc.4i other member of the council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members and shall not be deprived of any of the rights and privileges of a councilman by reason of his being the presiding officer. , (c) GETTING THE FLOOR, IMPROPEV REFERENCES TO BE AVOIDED: Every-member desiring to speak for any purpose shall address the presiding officer, and upon recognition; =shall confine himself to the question under^debate , avoiding all personalities and indecorous language., (d) INTERRUPTION: ,.A member once recognized;" shall not be interrupted when speakingunless it be to call him to order or, as herein otherwise provided. If a member ,.while speaking, be called to order, - he shall cease speaking until the question of order be determined by the presiding officer, and if in order he shall be permitted to proceed. Any member may appeal to the council from the decision of the presiding officer upon a question of order, when without debate the presiding officer shall submit to the council the question, "Shallthe decision of the chair be sustained?" and the - council shall decide by a majority vote. (e) PRIVILEGE OF CLOSING DEBATE: The councilman moving the ,adoption of an ordinance or resolution shall have the privilege of closing the debate. (f). ROLL CALL: Upon any roll call there shall be no discussion by any member voting, and he shall vote yes or no... Any member, upon voting, 'may give a brief statement to explain his vote. A member shall, have the privilege of filing with -6- O M 1 CROFILMED 3-13- the .clerk a written explanation of his vote. A member of the council may abstain from voting on any matter. Rule 1.13 Reading minutes. Unless . a reading of the minutes of a meeting is re- quested by a majority of the council , such minutes, when signed by the mayor and the clerk shall be considered approved withoutreading; provided, . that the clerk deliver a copy thereof to each member of the council and to the city attorney at least two full working days preceding the meeting: The minutes of prior meetings may be approved by a majority of the members present, and upon such approval shall become the official minutes. Rule 1.14 Votes by roll call. The vote upon every motion, resolution or ordinance shall be taken by roll call in alphabetical order except the mayor shall vote only in the event ,of a tie vote and shall,'be the last member called; and the vote shall be entered upon'"the minutes. .Resolutionsand` ordinances shall be signed by the presiding officer at such meetings and ,by the clerk before they are,:entered upon the. minutes. Rule 1.15 Addressing council,., Subject to the provisions of .Rule 1.23, any person may . petition the presiding officer orally for leave to address the council on anymatter over which the council has control, which permission shall be granted only after a showing to the satisfaction of the presiding officer that the. .subject matter of the address deserves the time and attention of the council ; provided, however, thatnotice is given to the clerk by twelve o 'clock noon on Friday in advance of the next regu- lar council meeting, in order that the same may appear on. the agenda. Rule 1.16 Addressing council , .manner, time. Each person addressing the council shall step up to the council table, shall give his name and address in an audible tone of voice for the minutes, and:unless further -7- 0� MICROFILMED 3-13-8O time is granted by the council , shall limit his address to ten minutes. All remarks shall beaddressed to the council as a body and not to any member thereof. No person, other thancouncilmen and the person having the floor, shall be permitted to: enter into any discussion, .either directly or through a member of the council , without the permission of the presiding` offic''er. , No question shall. be 'asked a council- man except through the presiding officer. Rule 1.17 Decorum. ' Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the council shall be barred from further audience before the council by the presiding officer, unless permission to continue or again address the council be granted by the majority of the council . Rule 1.18 Sergeant-at-arms. The Chief of Police , or, such other city official or employee as the Chief of Police may designate, shall be the sergeant-at-arms of the council meetings. The sergeant-at- arms shall carry out all orders and instructions given by • the presiding officer for the purpose of maintaining order and decorum at the meetings. Rule 1.19 Persons authorized- at council table. No person, except city officers or their representatives shall be permitted at 'the council table, and no person shall be permitted to disturb any councilman while on the floor during any meeting without the express permission of the council. Rule 1.20 Special :;committees. All committees and the presiding officer thereof shall be appointed by the presiding officer at a regular or special meeting. A special committee of the council shall consist of no more than four members of the council, including the presiding officer who shall °be a member ex officio of all such committees ; except , that the presiding officer may -8- - (`) MICROFILMED. 3-13-80 . . appoint a special committee consisting of all councilmen. A quorum of, each special committee appointed shall consist of a majority of its members. Meetings of such committees shall be held at such times as do not conflict with regular meetings. Rule 1.21 Standing committees. The only standing committee of,. the council shall be the committee of the whole, and these rules shall be ob- served by the committee of the. whole. The committee of the whole shall make its ,report in writing which shall be filed with the -clerk, returning at the same time all ,petitions, resolutions or other papers submitted to /It for consideration. Any report of such committee shall beconsidered and acted upon by the city council. Rule 1.22 Council members ' areas of direct responsibility. Each council member shall be responsible for certain aspects of city government and it will be each member',s responsibility to be a source of information to the council in his area of jurisdiction. The intent of this rule is not to prevent any councilman from executing his rights and pekrogatives of office but rather is to permit an orderly division of responsibilities between the councilmen. The five areas of responsibility are : (1) Public Works: Roads Power and Light Service, Telephone Service, Traffic and. Parking and Waterways ; (2) Building and 'Zoning: Zoning Board, Board of Adjustment , Building Inspector, City Planning and Schools ; (3) Police, Fire and Recreation': Police De- partment , -City Courts epartment , =City. Courts and Judges, Fire Department , City_ Parks and City Beaches; (4) Finance, Budget and Adminis- tration: City Clerk, City 'Treasurer, City Hall , Bonds, Taxes and'Revenue , Elections,. Chamber of Commerce , City Attorney and Library,' and;' (5) Sanitation and Public Health: Sewage, Drainage, Water.. Service, Health. and Sanitation Inspector, Garbage Service, Animal Control and Liquor and Beverages. At ;the first regular meeting following the -9- _. MICROFILMED 3-13-8.0 general city election, the council by majority vote shall assign the preceding five categories of areas of responsi- bility to its individual members. Rule 1.,23 Ordinances, resolutions, motions, contracts. (a) PREPARATION OF ORDINANCES : The city attorney, when requested, shall prepare ordinances and resolutions which shall be delivered to the mayor. ' A copy of the sane ,shall be forthwith furnished to each member of the council. Ordinances may be introduced and adopted by title and shall be read by title only by the clerk or his.. designee before consideration g a ion by the council 'on first reading. Copies 'of all proposed ordinances shall be furnished to each councilman and shall be made available to all interested persons. - . (b) APPROVAL OF ORDINANCES BY CITY ATTORNEY: All ordinances, resolutions and contract documents, before presentation to the council , . shall, have been reduced to writing and shall have been ap- proved as to form and legality by the city attorney. Prior to presentation all such documents may be referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution or contract document would devolve. ,When so referred, the head of the department shall affix his sig- nature on the document certifying to the factual contents and shall append his recommendations. (c) INTRODUCING FOR PASSAGE OR APPROVAL: Ordinances , resolutions and other matters and subjects re- quiring action by the council , must be introduced and sponsored by a member of the council , ' except that the .city attorney may present ordinances, resolutions and other matters or subjects to the -10- • AI.CR.OFILME 3-13-80 council for consideration, and any councilman may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be. adopted in accordance with law; otherwise they shall not be considered. When a councilman assumes sponsorship of an ordinance or resolution, he may countersign the same if he desires. (d) WHEN ACTION TO BE TAKEN BY RESOLUTION OR ORDINANCE: All actions of the council shall be taken by resolution, except that any action of the council which provides for raising revenue, appropriating funds or incurring indebtedness, or which provides a penalty or establishes a rule or regulation for the violation of which ti a penalty is imposed, shall be by ordinance, and ' except that. , approval of purely administrative mattersmay be accomplished by •motion duly adopted and recorded in the minutes of the meeting. Rule 1.24 Adj ournment. A motion to adjourn shall always be in order and de- cided without debate. Rule 1.25 Clerk, minutes, agenda. The city clerk, or his designated deputy clerk, shall act as clerk of the council. The clerk shall reproduce the minutes and all resolutions and ordinances, and-for a reason- able charge shall furnish copies to persons desiring them.. The clerk shall make available to. the 'councilmen a copy of the agenda twenty-four hours before the meeting and a matter not on. the agenda may be considered only upon unanimous , consent of the members present. SECTION II . All ordinances in conflict herewith are repealed. SECTION III Thisordinance shall take effect immediately upon its adoption. -11- • /1.?1 ...„ . 'MICROFILMED • ADOPTED -.by the City Council of;the' City -of. Cape • • • Canaveral,• Florida, on this 17th day of March 1964 • . • • • ayor ' ;011, • t ` ', 0.i ' . Attest,: { `.. I 1 • i t i4 • • - 1st raing ! ` `{� ..�. /j,,r/J/7-/1,63 . 2nd and • • • Fi-n'al. Reading- Posted ,on- City Bulletin Board at City Hall, on • • • • • • • • • • • • • • =12 • -