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HomeMy WebLinkAboutCode Master Project 1978: Charter vii\t/ C° ORDINANCE NO. 17-88 AN ORDINANCE AMENDING SECTION 10 , ARTICLE XVII OF THE CHARTER OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA; AMENDING THE COMPET- ITIVE BID PROCEDURE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Article XVII, Section 10 , of the Charter of the City of Cape Canaveral, Florida , is hereby amended by repealing sub-paragraph (2) in its entirety and the following substituted in its stead: Article XVII, Section 10 (2) , Formal Contract Procedure. All purchases and public improvements, except as other- wise provided herein when the estimated costs thereof shall exceed $3 , 000 . 00 shall be purchased by formal written contract from the lowest responsible bidder after due notice inviting proposals. SECTION 2 . Article XVII, Section 10, of the Charter of the City of Cape Canaveral, Florida, is hereby amended by repealing sub-paragraph ( 12 ) in its entirety and the following substituted in its stead: Article XVII, Section 10 ( 12 ) , Open Market Procedure. All purchases and public improvements of less than the estimated value of $3 , 000. 00 shall be made in the open market, without newpaper advertisement and without observing the procedure prescribed in this section for the award of formal contracts. SECTION 3 . Article XVII, Section 10, of the Charter of the City of Cape Canaveral, Florida, is hereby amended by repealing sub-paragraph ( 15 ) in its entirety and the following substituted in its stead: Article XVII, Section 10 ( 15 ) , Purchases From Other Governmental Agencies . Purchases made from other governmental agencies or other governmental agency bid lists , shall be exempt from the provisions of this O1-din-rrce--, provided, however, that the City Manager has 51 reasonably determined that such purchases are in the best interest of the City. SECTION 4 . All portions of the Code in conflict herewith are hereby repealed. ORDINANCE NO. 17-88 PAGE 1 OF 2 SECTION 5 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of December , 1988. M orO ATTEST: First Reading 11-15-88 Posted: 11-16-8 8 ' ty Clerk Advertised: 11-17-88 Second Reading: 12-06-88 Approved as to Form: NAME YES NO -M11111 HOOG • ty Att• ney KIDD MILLER RANDELS SALAMONE ORDINANCE NO. 17-88 PAGE 2 OF 2 Art. XVII CAPE CANAVERAL CHARTER Art. XVII Sec. 9 Annual Audit Required. An independent audit shall be made of all accounts of the City government at least annually, and more frequently if deemed necessary by the Council. Such audit shall be made by certified public accountants experienced in municipal accounting, and who shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. An annual report of the City business and the results of the audit shall be made available to the public in such form as will disclose pertinent facts concerning the activities and finances of the City government. Sec. 10 (1) Competitive Bidding Required. All purchases and contracts for public improvements shall, except as specifically provided herein, be based where- ever possible on competitive bids. (2) Formal Contract Procedure. All purchases and public improvements, except as otherwise provided herein when the estimated costs thereof shall ex- - Geed $.2, 000 shall be purchased by formal written l contrad ctsnotice frinvitom theing lowestproposal responsible bidder after Zjue s . (a) Notice Inviting Bids . Notice inviting bids shall be published once in at least one of- ficial newspaper with general circulation in Brevard County, Florida, at least 5 days preceding the last day set for the receipt of proposals. The newspaper notice required shall include a general description of the articles to be purchased and shall state where bid blanks and specifications may be secured and the time and place for opening bids. (b) Bidders ' List. The City shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders list which the City shall maintain by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase. In any case, invitations sent to the vendors on the bidders ' list shall be limited to commodities that are similar in character and ordinarily handled by the group to which the invitations are sent. -I ', FuicW 6 DEc g� Art. XVII CAPE CANAVERAL CHARTER Art. XVII (e) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; (f) the sufficiency of the financial resources and ability of the bidder to perform the con- tract or provide the service; (g) the quality, availability and adaptability of the supplies or contractual services to the particular use required; (h) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract; (i) the number and scope of conditions attached to the bid. (8) Award to Other Than Low Bidder . When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the City and filed with the other papers relating to the transaction. (9) Tie Bids. If all bids received for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. Where a local bidder is not involved, the City shall award the contract to one of the tie bidders by drawing lots in public. (10) Performance Bond. The City shall have the authority to require a performance bond before entering into a contract, in such amount as the City shall find reasonably necessary to protect its best interest. (11) Prohibition Against Subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section. (12) Open Market Procedure. All purchases and public improvements of less than the estimated value of 3 $'$, 000. 00 shall be made in the open market, with- out newspaper advertisement and without observing the procedure prescribed in this section for the award of formal contracts. y9 • Art. XVII CAPE CANAVERAL CHARTER Art. XVIII A full report of the circumstances of an emergency purchase shall be filed by the City Manager with the City Council at the next regular City Council meeting following said purchase, and shall be entered in the Minutes of the City Council and shall be open to public inspection. al d 0.11 / (15) Purchases From Other Governmental Lists . Pur- chases made by the City utilizing bidders lists jj< from other governmental agencies shall be exempt d%X' ,U V from the provisions of this ordinance, provided, �) however, that the City Manager has reasonably determined that purchases from said bidders lists are in the best interests of the City.' [Ordi nc - No.'l8-78 , § 1, 21 Nove eE 78V) (Sri, 1Jo . 17-a, 5 I, 6 Dec $` J ARTICLE XVIII REVENUE AND TAXATION " Sec. 1 Property Subject to Taxation. All real and personal property in the City of Cape Canaveral not ex- pressly exempt by the laws of the State of Florida, shall be subject to taxation for city purposes in the manner provided in the laws of the State, and ordinances and laws of the City of Cape Canaveral . Sec. 2 Tax Year Established--Tax Notices . The tax year of the City of Cape Canaveral shall be the calendar year, commencing January first and ending December thirty- first. All taxes shall be a lien against the property upon which they are levied or assessed from the first day of January of the year in which such levy and assessment is made until paid, and shall be due and payable on the first day of November in such year. On or before the said date in each year, the Tax Collector shall mail to each person owning property upon which a tax has been levied or assessed, describing the property and setting forth the amount of the tax. The City Council may provide by ordinance for discounts for early payment of taxes and for penalties for delinquent payment of taxes. Sec. 3 Taxes are Lien on Real and Personal Property. Real estate shall be described by lots and blocks when so platted, or by sections, townships and ranges, or in parts or fractions of either as the case may be, or by metes and bounds, as taxes assessed upon real estate, and shall be collected in the manner hereinafter prescribed. Personal )gGE kEu/SED A. e° ,(4). ORDINANCE NO. 29-87 AN ORDINANCE AMENDING THE CITY CHARTER OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY , FLORIDA BY AMENDING ARTICLE XV, SECTION 1 BY AMENDING THE DUTIES OF THE SUPERINTENDENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Article XV, Section 1, Sub-paragraph 1 , of the Cape Canaveral Charter is hereby repealed in its entirety and replaced with the following: Sec. 1 Creation of Department of Public Works. 1 . To exercise control and direct supervision over all municipal utilities, utility contracts , repair and maintenance of streets and wastewater collection and treatment system. (0-rd. no. ay-8']1( -Zo 067`,F27 SECTION 2 . This Ordinance shall become effective immediate- ly upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral , Florida, this 20th day of October , 1987. --11-) " / . L-- Mayor ATTEST: First Reading 10-06-87 (s) gelAzt-i- Posted:. dv..rtisd: 10-0 7-8 7 ty Clerk 10-10-87 ,econd Reading' 10-20-87 APPROVED AS TO FORM: NAME YES NO HOOG ity At orV ---n --- KIUU LEE AkciErri MURPHY X Art. II CAPE CANAVERAL CHARl1R Art. II state law, except where specifically so provided); 58. To license, control, tax, regulate and cause to be registered, or to prohibit on any of the City streets, parts of streets or public ways, bicycles, scooters and vehicles and conveyances of any kind whatsoever, and to license, tax, regulate and cause the driver thereof to be registered; 59. To license, control, tax and regulate traffic and sales upon streets, sidewalkws, parks and public places within the City and to regulate, suppress and prohibit hawkers, vendors and peddlers upon such streets, sidewalks, parks and public places; 60. To fix and provide by ordinance for a tax on dogs kept within the City; and to provide that dogs on which such tax shall not be paid may be disposed of under such conditions as may be pro- vided by said ordinance; 61. The City of Cape Canaveral shall have the power to adopt laws, ordinances, rules and regu- lations for the purpose of exercising the fore- going powers and to do all other acts and perform all other functions reasonably required for the protection of the public welfare, and the rights and privileges of the inhabitants of said City. ARTICLE III ELECTED OFFICERS, QUALIFICATIONS AND TERMS Sec. 1 Qualifications of Mayor and Councilmen. The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have the possess the qualifications of freeholder electors Art. III CAPE CANAVERAL CHARTER Art. III therein. They shall have been residents of the City or an area annexed by the City for a period of two years immediately preceding their election. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall, while in office, be convicted of a crime involving moral turpitude, shall forfeit his office and his seat shall immediately become vacant. Absence from four consecutive regular meetings of the City Council, or from thirty per cent of the meetings held annually shall operate to vacate the seat of a member of the City Council or the office of Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. Sec. 2 Appointed Officers. The City Council shall have the power to appoint, employ and remove from office such officers and employees of the City as the City Council shall deem necessary for the operation of the City. Said appointments and removals shall be subject to the majority vote of the City Councilmen. The City Council shall fix the compensation of all appointed officers and employees of the City. The offices of City Clerk, Tax Assessor, Tax Collector, and City Treasurer may be held by one and the same person, or may be combined in the office of City Clerk, or may be combined in such manner as the City Council may direct. Sec. 3 Compensation of Officers. The City Council may, by ordinance, provide for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. The first ordinance to provide for the compensation, if any, of the Mayor or the Council- men shall be passed at least sixty (60) days, but not more than ninety (90) days prior to the General Art. III CAPE CANAVERAL CHARTER Art. III City Election of 1965. At that time, the compensation to be paid to the Mayor and the Councilmen during the following two years may be established. Such action shall be taken thereafter at two-year intervals at least sixty (60) days but not more than ninety (90) days preceding the General City Election. Compensation for City Councilmen shall not exceed six hundred dollars per year during the first four years in which such compensation shall be paid or twelve hundred dollars thereafter. The compensation paid to the Mayor shall not exceed eight hundred dollars per year during the first four years such compensation shall be paid or sixteen hundred dollars per year thereafter. Sec. 4 Vacancies in Elected Offices. If any vacancy occurs in the City Council, for any reason other than the recall of a Councilman, the City Council shall, within thirty (30) days following the occurrence of the vacancy, elect a successor Councilman who shall serve for the remainder of the term of office of the Councilman he succeeded. Any Councilman so elected shall take office immediately upon his election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Councilmen to fill the vacancies on the City Council and any Councilmen so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired terms of office of the Councilmen whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such appointments shall be made within six months of the next General Election, no special election shall be required but those offices shall be filled at such General Election. If there shall be a Art. III CAPE CANAVERAL CHAPTER Art. IV vacany in the office of Mayor, the Mayor Pro-Tem shall serve as Mayor until the next general election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. (Amended by General Election, June 2, 1970). ARTICLE IV THE MAYOR, POWERS AND DUTIES Sec. 1 Duties of the Mayor. The Mayor of the City shall see that all ordinances are faithfully executed and shall be the titular head of the City government. He shall be the official representa- tive of the City at all state functions or other functions requiring an official representative of the City. The Mayor shall not have the power to veto any ordinance or resolution passed by the City Council. The Mayor shall vote on issues coming before the Council as if he were a council- man. During the absence or disability of the . Mayor his duties -shall be performed by the Mayor Pro Ten. (Amended by General Election, June 2, 1970) . Sec. 2 Additional Duties. The Mayor shall also recommend and propose such legislation and other matters of a similar nature to the City Council which he deems expedient and proper. The Mayor shall preside at meetings of the City Council. Sec. 3 Election of Mayor. The office of Mayor shall be elected commencing with the general city election in 1971, and the candidate receiving the highest number of votes shall serve for a period of two (2) years; commencing with the general city election in 1973, the Mayor shall be elec- ted for a term of three (3) years and thereafter the Mayor elected shall serve a three (3) year term or until his successor shall be elected and qualified. (Added by General Election, June 2, 1970). /o jr, 'i:"V 'F«57r . zrixv vacancy occurs in the City Council, for any • reason other than the recall of a Councilman, the City tk n Council shall, within thirty (30) days following the occurrence of the vacancy, elect a successor Councilman • who shall serve for the remainder of the term of office of the Councilman whom he succeeded. Any councilman so elected shall take office immediately upon his election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Councilmen to fill the vacancies on the City Council and any Councilmen so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired term of office of the Councilmen whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such appoint- ments shall be made within six months of the next General Election, no special election shall be required but those offices shall be filled at such General • Election. If there shall be a vacancy in the office of Amendment of= Mayor, the Mayor Pro-Tem shall serve as Mayor until the General Election June 2, 1970 next general election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. A:;TICI.E IV THE MAYOR, POWERS AND DUTIES SECTION 1. DUTIES OF THE MAYOR The Mayor of the City shall see that all ordinances are faithfully executed and shall be the titular head of the City Government. He shall be the official rep- resentative of the City at all state functions or other functions requiring an official representative of the City. -20- _ ;e0/ v ORDINANCE NO. 15-82 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA, A PROPOSED AMENDMENT TO ARTICLE III , SECTION 4 OF THE CITY CHARTER RELATING TO VACANCIES IN ELECTED OFFICES AND THEIR LENGTH OF TERM; PROCEDURE OF FILING AMENDMENT; ESTABLISHING THE LANGUAGE FOR THE PROPOSED AMENDMENT TO ARTICLE III , SECTION 4, OF THE CHARTER OF CAPE CANAVERAL, FLORIDA, IN THE REFERENDUM; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS , the Charter of the City of Cape Canaveral , Florida, became a law of the State of Florida on May 16 , 1963 , and is known as Chapter 63-1197 , Laws of Florida, and WHEREAS , pursuant to Chapter 100 of the Florida Statutes , a sovereign body may, by Ordinance passed by a three-fifths (3/5) majority vote of its governing body, submit to the electors of the City proposed amendments to its Charter, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, as follows : SECTION 1. The following amendment to the Charter of the City of Cape Canaveral, Florida, shall be submitted to the electors of the City of Cape Canaveral , Florida, on its general City election, to be held on November 2 , 1982 , to wit : ARTICLE III, SECTION 4, shall be amended by the deletion of the first sentence in its entirety and replaced with the following: "If any vacancy occurs in the City Council for any reason other than the recall of a Council Person, the City Council shall, within thirty (30) days following the occurrence of a vacancy, elect a successor Council Person who shall serve until the next General Election. At the next General Election, the vacant position shall be filled by a vote of the electors for the remainder of the original term. " SECTION 2. The City Clerk shall advertise the proposed Charter Amendment pursuant to Florida Statutes . SECTION 3 . Upon adoption of the proposed amendments to the Charter of the City of Cape Canaveral , Florida, by a majority of the electors voting in the referendum as set out in Section 1 above, the City of Cape Canaveral , Florida, shall have the amendments incorporated in the Charter and shall file the revised Charter with the Office of the Secretary of State , at which time, the revised Charter shall take effect. SECTION 4. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of August , 1982 . /14,4 • i Attest : Ci y ,Clerk NAt.7� ras!r,o First Reading Aug 3, 82 Approved as to Form: Posted: Aug 4, 82 Advertised: Aug 9, 82 ".�z�is x- Second Reading: Aug 17, FT9 82 torney 1 • e • Q V G � v ORDINANCE NO. 5-72 -?, 7 AYE AN ORDINANCE SUBMITTING A PROPOSED CITY CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA, WI-HICH AMENDMENT PROPOSES A CHANGE TO ARTICLE XXI, SECTION_2 OF THE CITY OF CAPE CANAVERAI., FLORIDA CHARTER REGARDING VOTER QUALIFICATIONS, METHOD OF HANDLING ELECTIONS, REGISTRATION, DISQUALIFICATION AND INSPECTION OF RECORDS; PROVIDING AN EFFECTIVE DATE lek BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: it, SECTION 1. Pursuant to Section 166. 17, Florida Statutes, the City Council of the City of Cape Canaveral, Florida, submits the following proposed City Charter Amendment to the Electors of the City of Cape Canaveral, Florida, to be considered for approval or disapproval by said Electors at a Municipal Election called for June 6, 1972, between the hours of 7:00 a. m. and 7:00 p. m. , Eastern Daylight Time: (A) ARTICLE XXI shall be amended by the deletion of Sections 2 through 6 in their entirety, and by the addition of the following, to-wit: SECTION 2. VOTER QUALIFICATIONS, METHOD OF HANDLING ELECTIONS, REGISTRATION, DISQUALIF- ICATION, INSPECTION OF REGISTRATION RECORDS. (a) Regular Election: Regular municipal election shall be held on the first Tuesday in June every year. (b) Qualified Voters and Registration: All citizens qualified by the constitution and laws of the State of Florida to vote in the city and who satisfy the requirements for registration prescribed by law shall be qualified voters of the city. The city may adopt and establish as the registration requirements, method and system for the city the registration requirements, method and system as provided by state statute in part or in its entirety, including but not limited to oaths, disqualification of voters, registration cards, registration methods and inspection of records. The city may adopt the single permanent registration system as set forth in the state statutes. PAGE I OF-Z. (c) Elected Councilmen: The newly elected city councilmen shall • assume the duties of their office at the next regular meeting of the Council following their election at the place normally used for council meetings. SECTION 2. This Ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2ND day of MAY , 19 . ".et\C1 ayor Attest: City Clerk Approved as to Form: City Attorney First Reading: APRIL 18, 1972 Posted: APRIL 19, 1972 Second Reading: MAY 2, 1972 PAGE 2,, OFZ . _ . C ; .� ,. c.On ftt g k -I A Log yRICH tr'hF,bO , w Dow ! p k a" aw }} 4„t T. Yi � _�''44 }e; I 7e >4_.! wring" fir • c,(4 / SECTION 13 . TEMPORARY BORROWING BY CITY WHEN NECESSARY TO SUPPLY DEFICIENCIES IN REVENUE , TO PROVIDE FOR EMERGENCIES ; TO PURCHASE PROPERTY OR TO PAY ANY EXPENSE FOR WHICH PROPER APPROPRIATIONS SHALL BE MADE BY THE CITY COUNCIL , THE CITY SHALL BE AUTHORIZED TO BORROW FUNDS FOR A PERIOD OF TIME AND AT AN INTEREST RATE 44-7„NOT /g'��, OTHERWISE PROHIBITED BY LAW. (-(1 �'L0 c/-79 17 • /v ,.,� ARTICLE XXI a 4 7 ar 7 ELECTIONS SECTION 1 . RULES PRESCRIBED BY ORDINANCE THE RULES AND REGULATIONS FOR THE CALLING AND CONDUCT OF ELECTIONS SHALL BE PRESCRIBED BY ORDINANCE : PROVIDED THE SAME SHALL NOT BE IN CONFLICT WITH THIS ACT. SEC. 2 THRU AS AMENDED G] SECTION 2 . VOTER QUALIFICATIONS , METHOD OF HANDLING ELECTION 6-6 ELECTION, REGISTRATION , DISQUALIFICATION, INSPECTION OF REGISTRATION RECORDS . A) REGULAR ELECTION REGULAR MUNICIPAL ELECTION SHALL BE HELD ON THE FIRST TUESDAY IN JUNE EVERY YEAR. B) QUALIFIED VOTERS AND REGISTRANTS ALL CITIZENS QUALIFIED BY THE CONSTITUTION AND LAWS OF THE STATE OF FLORIDA TO VOTE IN THE CITY AND WHO SATISFY THE REQUIREMENTS FOR REGISTRATION PRESCRIBED BY LAW SHALL BE QUALIFIED VOTERS OF THE CITY . THE CITY MAY ADOPT AND ESTABLISH AS THE REGISTRATION REQUIREMENTS , M'ETHOD AND SYSTEM FOR THE CITY , THE REGISTRATION REQUIREMENTS , METHOD AND SYSTEM AS PROVIDED BY STATE STATUTE IN PART OR IN ITS ENTIRETY, INCLUDING BUT NOT LIMITED TO OATHS , DISQUALIFICATION OF VOTERS , REGISTRATION CARDS , REGISTRATION METHODS AND INSPECTION OF RECORDS . THE CITY MAY ADOPT THE 27 i( ORDINANCE NO. 18-78 AN ORDINANCE AMENDING SECTION 10, ARTICLE XVII OF THE CHARTER OF THE CITY OF CAPE CANAVERAL, FLORIDA, PERTAINING TO PURCHASE BY COMPETITIVE BIDS BY REQUIRING FORMAL BIDS ON ALL PURCHASES EXCEEDING $2, 000.00, BY PROVIDING FOR SOLE SOURCE PURCHASING, BY PROVIDING FOR EMERGENCY PURCHASES; REPEALING ALL SECTIONS OF THE CODE OF THE CITY OF CAPE CANAVERAL IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: , ) s� SECTION I. Section 10, Article,XVII, o the Charter of the City of Cape Canaveral, Florida, entitled "Purchases to be by competitive bids. " is deleted in its entirety, and the following new section subsituted therefor: "Section 10. (1) Competitive bidding required. All purchases and contracts for public improvements shall, except as specifically provided herein, be based wherever possible on competitive bids. (2) Formal contract procedure. All purchases and public improvements, except as otherwise provided herein when the estimated costs thereof shall exceed $2,000.00 shall be purchased by formal written contract from the lowest responsible bidder after due notice inviting proposals. (a) Notice inviting bids. Notice inviting bids shall be published once in at least one official newspaper with general circulation in Brevard County, Florida, and at least 5 days preceding the last day set for the receipt of proposals. The newspaper notice required. shall include a general description of the articles to be purchased and shall state where bid blanks and specifications may be secured and the time and place for opening bids. (b) Bidders' list. The City shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders list which the City shall maintain by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the group to which the invitations are sent. The City shall also advertise pending purchases by a notice posted on the public bulletin board in the City Hall. (3) Bid deposits. When deemed necessary by the City, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where the City has required such. A successful bidder shall forfeit any surety required by the City upon *into failure on his part to enter*a contract within 10 days after the award. (4) Bid opening procedure. Bids shall be submitted sealed to the City and shall be identified as bids on the envelope. Bids shall be opened at the time and place stated in the public notice. A tabulation of all bids received shall be posted for public inspection. (5) Rejection of bids. The City shall have the authority to reject all bids, parts of bids or all bids for any one purchase or public improvements included in the proposed contract when the public interest will be served thereby. (6) The City shall not accept the bid of a contractor who is in default in the payment of taxes, licenses or other monies due the City. (7) Award of contracts. Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder," in addition to price, the City shall consider: (a) the ability, capacity and skill of the bidder to perform the contract or provide the service promptly or within the time specified without delay or inter- ference; (b) whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference; (c) the character, integrity, reputation, judgment, experience and efficiency of the bidder; (d) the quality of performance of previous contracts or services; (e) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; (f) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (g) the quality, availability and adaptability of the supplies or contractual services to the particular use required; (h) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract; (i) the number and scope of conditions attached to the bid. *Amended on 2nd Reading ORDINANCE NO. 18-78 PAGE 2 OF 4 (8) Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the City and filed with the other papers relating to the transaction. (9) Tie bids. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. Where a local bidder is not involved, the City shall award the contract to one of the tie bidders by drawing lots in public. - (10) Performance Bond. The City shall have the authority to require a performance bond before entering into a contract, in such amount as the City shall find reasonably - necessary to protect its best interest. (11) Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section. (12) Open market procedure. All purchases and public improvements of less than the estimated value of $2, 000. 00 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed in this section for the award of formal contracts. (a) All open market purchases shall, whenever possible, be based on at least three competitive bids and shall be awarded to the lowest responsible bidder, in accordance with the standards set forth above. (b) Notice inviting bids. The City shall solicit bids by (1) *or direct mail request to prospective bidders;* (2) by *or telephone,*ai-(3) by public notice posted on the bulletin board of the City Hall. (c) Recording. The City shall keep a record of all open market orders and the bids submitted in competition thereon and such records shall also be open to public inspection. (13) Sole source purchasing. When the City has determined that a purchase is,to be made which is available from only one source, and no other like supplies or materials are available for purchase by the City, then in that event the City may purchase the items notwithstanding the other provisions of this section. A statement in writing justifying the need for such a sole source purchase shall be placed in the City's file setting forth the nature of the sole source purchase. (14) Emergency purchases. In case of an apparent emergency which requires immediate purchase or public improvements, the City Manager shall be empowered to secure by open market procedures as herein set forth, at the lowest obtainable price, any supplies or public improvements, regardless of the amount of the expenditure, when such procurement is essential to prevent delays in the work of the City which may vitally affect the life, health or convenience of citizens. A full report of the circumstances of an emergency purchase shall be filed by the City Manager with the City Council at the next regular City Council meeting *Amended on 2nd Reading ORDINANCE NO. 18-78 PAGE 3 OF 4 following said purchase, and shall be entered in the Minutes of the City Council and shall be open to public inspection. (15) Purchases from other governmental lists. Purchases made by the City utilizing bidders lists from other governmental agencies shall be exempt from the provisions of this ordinance, provided, however, that the City Manager has reasonably determined that purchases from said bidders lists are in the best interests of _ the City." SECTION 2. All portions of the Code of the City of Cape Canaveral and the Charter of the City of Cape Canaveral in conflict herewith are hereby repealed. SECTION 3. 'This Ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, this 21 day of November , 1978. Mayor Attest: City Clerk Approved as to form: ty Attorne ORDINANCE NO. 18-78 PAGE 4 OF 4 r ORDINANCE NO. 2-80 CAll't1).)(Cct°1('3 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THEt CD . CITY OF CAPE CANAVERAL, FLORIDA, A PROPOSAL FOR AN AMENDMENT TO ARTICLE XXI, SECTION 2A OF THE CITY CHARTER CHANGING THE REGULAR MUNICIPAL ELECTION FROM THE FIRS! TUESDAY IN JUNE EACH YEAR TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER EACH YEAR: BY SUBMITTING A REFERENDUM TO THE ELECTORS A PROPOSAL FOR THE PAYMENT OF STREET RESURFACING BY EITHER THE IMPOSITION OF A ONE MILL AD VALOREM TAX ON ALL REAL PROPERTY WITHIN THE CITY OR BY A SPECIAL ASSESSMENT OF ALL PROPERTY AFFECTED BY STREET RESURFACING PROJECTS: BY PROVIDING THAT SAID REFERENDUM ELECTION SHALL BE HELD AT THE PRIMARY ELECTION IN THE CITY ON MARCH 11, 1980; BY PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The following proposed amendment to Article XXI, Section 2A of the City Charter of Cape Canaveral, Florida, shall be submitted to the electors of the City of Cape Canaveral, Florida on the scheduled March 11, 1980 election, to-wit: The regular municipal elections shall be held on the first Tuesday following the first Monday in November each year. SECTION 2. The following proposal for determining the procedure for financing street resurfacing shall be submitted to the electors of the City of Cape Canaveral, Florida, on the scheduled March 11, 1980 election, to-wit: Select only one of the following alternatives for determining the financing procedure for street resurfacing: 1. The City of Cape Canaveral, Florida, shall impose a one mill ad valorem tax on all real property located in the City of Cape Canaveral, Florida, which shall be placed in a special fund to be used for street resurfacing. 2. The City of Cape Canaveral, Florida, shall finance all street resurfacing in the City of Cape Canaveral, Florida, by special assessment of the property affected on, a front footage basis. : SEC"! ION 3. These questions shall be presented to the electors of the City of Cape Canaveral, Florida, on the scheduled election of March 11, 1980. • SECTION 4. This Ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, i this 5 day of February , 1980. , , ', May r , a Attest: i\ SL 11 Q.�'r . - i2c Jf 0el. .cam ,City erkc) oved as to fo . / e City ttorney irsi rieic:i � 1-15-80 Posted.. 1-16-8 0 Adv'etiisec: 1-18-80 Second Reid g 2-5-8 0 I NAME YES NO BOYD kin CALVERT 0 LEE 31� MURPHY RUTHERFOF'. ORDINANCE NO. 2-80 PAGE 2 OF 2 ORDINANCE NO. 17-81 T. VAC\ AN ORDINANCE AMENDING ARTICLE XX, SECTION 8, OF THE CHARTER OF THE CITY OF CAPE CANAVERAL, G INr --?e,4 FLORIDA, PERTAINING TO THE MAXIMUM ALLOWABLE INTEREST RATE, BY PROVIDING A NEW MAXIMUM �/ ALLOWABLE INTEREST RATE; REPEALING ALL SECTIONS ,� OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN _� 10/ EFFECTIVE DATE. ..VBE IT ORDAINED, by the City Council of the City of Cape '�.. Canaveral, Florida, as follows : Y61Y SECTION 1 . Article XX, Section 8, of the Charter of the City of Cape Canaveral, Florida, entitled "Signing Bonds" per- taining to maximum allowable interest rates and which reads as follows : " . . . and to bear interest at the rate fixed by the City Council , not exceeding six percent (6%) per annum, . . . " is hereby amended to read as follows: . . . and to bear interest at the rate fixed by the City Council, not exceeding the prevailing market rate for similarly rated bonds, . . . " SECTION 2 . All portions of the Code of the City of Cape Canaveral in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this R day of October , 1981. ,_:) \--c\ W jCi'---2 ' . f, . . °'t' 1 \1...) ) , / U , \ J j/(179- ' / t ' V" ( Mayor 7i ,.j ATTEST: , =Li NO altTriV2 cu-S-,:iL-L--L. srrm Ems City Clerk CALVERT `` •.� Approved as to form: LEE NMI MURPH'! A RUTHERFOF ) A,c/11: /1 h/j7Cd4 A (_5_Xy &`torney