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HomeMy WebLinkAboutCodified City Charter Changes :14:1-1_4 -tie.;,J2)" X° ORDINANCE NO. 14-89 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, DELETING FROM ARTICLE III, SECTION 1 , OF THE CAPE CANAVERAL CHARTER, THE REQUIREMENTS THAT THE MAYOR AND MEMBERS OF THE CITY COUNCIL BE FREEHOLDERS WITHIN THE CITY AND REQUIRING THEM TO BE RESIDENTS OF THE CITY FOR A PERIOD OF TWO YEARS IMMEDIATELY PRECEDING THE ELECTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; 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 III, Section 1 , of the Cape Canaveral Charter is hereby amended pursuant to the express authority granted under Section 166 . 031 ( 5 ) , Florida Statutes, by deleting the requirement that the Mayor and City Council members be freeholders within the City and that they must be residents of the City for a period of two years immediately preceding their election, which said language has been judicially construed to be contrary to either state or federal constitutional law. Section 1 of Article III is hereby amended as follows : Section 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 and possess qualifications of electors therein. 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 percent 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 . SECTION 2 . All portions of the Code in conflict herewith are hereby repealed. ORDINANCE NO. 14-89 PAGE 1 OF 2 • SECTION 3. 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 October , 1989 . .-.S.-)010C---111-0->s- Ma r Attest: City Clerk atty Approved As to Form: • ity At fir t Reading 10-3-89 t%Ugiivr„!: 10-4-89 10-5-89 ;;c, ini : 10-17-89 NAME YES NO Id0OG X KIDD X _IOW _ X _ RANDELS S t SALAf.IONE I Xi_-_- Thurm X ORDINANCE NO. 14-89 PAGE 2 OF 2 • Art. III CAPE CANAVERAL CHARTER Art. III r of the City of Cape Canaveral and shall have and possess the qualifications of electors therein. Tircy shall have- been-residents of the City or an area annexed by +-LP -City for a period of two years immediately pre- neding 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 for- feit his office and his seat shall immediately become vacant. Absence from four consecutive regular meetings of the City Council , or from thirty percent 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 . :- _ ; L) r #; / 7 e( j St9? 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 of the City by resolution. The appointed officers shall be those of the City Manager and the City Attorney. [Amended by General Election, 8 Nov 83) 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 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. PAGE REVISED \\ -0 NOV 83 i7acrg9 CAor Poi n k4 es* X.(*P c( 1ORDINANCE NO. 43-85 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL REQUIRING THAT THE COUNCIL SHALL PASS NO ORDINANCE, RESOLUTION, OR MOTION OBLIGATING OR AUTHORIZING THE CITY TO ESTABLISH OR OPERATE A FIRE DEPARTMENT, OR TO BUILD OR ACQUIRE A FIRE STATION, OR TO CONTRACT FOR FIRE PROTECTION SERVICES WITH ANY PERSON, GOVERNMENTAL ENTITY OR CORPORATION OTHER THAN THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT , INC . , WITHOUT SUCH PLAN OR PROPOSAL HAVING BEEN FIRST APPROVED BY A MAJORITY VOTE OF THE QUALIFIED ELECTORS OF THE CITY VOTING IN A GENERAL ELECTION OR ONE HELD FOR THIS PURPOSE . NOTHING HEREIN SHALL PREVENT THE CITY OR CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. , FROM ENTERING INTO A MUTUAL AID AGREEMENT WITH ANY MUNICIPALITY, BREVARD COUNTY OR ANY PRIVATE OR FEDERAL AGENCY FOR THE PURPOSE OF SUPPLEMENTING THE FIRE PROTECTION SERVICES PROVIDED BY THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. FURTHER PROVIDING THAT ANY ACTION PREVIOUSLY TAKEN BY RESOLUTION, MOTION, OR OTHERWISE TO ESTABLISH OR OPERATE A FIRE DEPARTMENT OR TO BUILD OR ACQUIRE A FIRE STATION SHALL BE TERMINATED OR STAYED UNTIL BROUGHT INTO COMPLIANCE WITH THIS SECTION. WHEREAS, the five electors have petitioned the City pursuant to Article XXI, Sections 12 , 13 , 14 , 15 , 16 , 17 , and 18 of Cape Canaveral City Charter, and WHEREAS, pursuant to Chapter 166 of the Florida Statutes and relevant portions of the Cape Canaveral City Charter, the City Council must approve or disapprove of the proposed Ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of Cape Canaveral , FLorida, as follows: SECTION 1 . Article XIV, "Fire Department" , is hereby amended as follows : Article XIV THAT THE COUNCIL SHALL PASS NO ORDINANCE, resolution, or or motion obligating or authorizing the City to establish o operate a Fire Department, or to build or acquire a Fire Station, or to contract for fire protection services with any person, governmental entity or corporation other than the Cape Canaveral Volunteer Fire Department, Inc. , without such plan or proposal having been first approved by a majority vote of the qualified electors of the City voting in a general election or one held for this purpose. Nothing herein shall prevent the City or Cape Canaveral Volunteer Fire Department, Inc. , from entering into a Mutual Aid Agreement with any municipality, Brevard County or any private or federal agency for the purpose of supplementing the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc. ORDINANCE NO. 43-85 PAGE 1 OF 2 FURTHER PROVIDING that any action previously taken by Resolution, motion or otherwise to establish or operate a Fire Department or to build or acquire a Fire Station shall be terminated or stayed until brought into compliance with this Section. SECTION 2. All portions of the City Charter and all Ordinances , Resolutions or policies in conflict herewith are hereby repealed to the extent of the conflict. SECTION 3 . This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral , Florida , this day of , 1985 . Mayor ATTEST: City Clerk Approved as to Form: City Attorney ' This Ordinance failed on First Reading on September 17 , 1985 and was placed on the ballot as a referendum question. It was subsequently adopted by the voters at the General Election held on November 5 , 1985 . Signed this 7th day of November, 198 . 4ayor r- 4-4-9 ATTEST: C ty Clerk ORDINANCE NO. 43-85 PAGE 2 OF 2 Art. XIV CAPE CANAVERAL CHARTER Art. XV ; Sec. 2 Volunteer Fire Department. The City may support and assist a Volunteer Fire Department or Departments. Such support and assistance may include, but shall not be limited to, the furnishing of City fire trucks, fire fight- ing equipment and supplies for any use by the Volunteer Fire Department or Departments, payments to volunteer firemen for attendance at Volunteer Fire Department meet- ings or for answering fire alarms and calls, and the pay- ment of premiums on life insurance and hospitalization insurance policies covering the volunteer firemen. Sec. 3 Duties of Fire Chief . It shall be the duty of the Fire Chief to attend such meetings of the City Council as required by the City Council; to aid in the enforcement of all City ordinances relating to the prevention and ex- tinguishment of fires and the protection of life and property within the limits of the City of Cape Canaveral, and to execute all papers and processes of the City or its authorities relating thereto, and to perform such other duties as may be lawfully required of him, subject to the authority and instructions of the City Council . The Fire Chief shall have and exercise control over the Fire Department. )0D-t� : Ste. p cl i4A c',�gan�tiry,c� ARTICLE XV �1 /l-S=�'S- PUBLIC WORKS Sec . 1 Creation of Department of Public Works . The City Council shall have the power to create in the City of Cape Canaveral , a Department of Public Works to be known as "Department of Public Works, City of Cape Canaveral , Florida. " When such department shall be created, the City Manager shall appoint a Superintendent of Public Works who shall be in charge of the Department of Public Works . The Superintendent shall be responsible to the City Manager for the proper performance of the duties imposed upon him by this act, and shall perform daily the duties of this office in such a manner as may be designated by the City Manager, and he shall provide surety bond in such an amount as may be required by the City Manager for the faithful performance of his duties, which shall be as follows : [Amended by General Election 8 Nov 83] 1 . To exercise control and direct supervision over all municipal utilities , contracts, repair of streets and the care of parks, except those pertaining to the water and sewage systems of the City of Cape Canaveral . PAGE REVISED 8 NOV 83 CAPE CANAVERAL CHARTER APPENDIX A Article XIV, Fire Department, is hereby amended as follows: THAT THE COUNCIL SHALL PASS NO ORDINANCE, resolution, or motion obligating or authorizing the City to establish or operate a Fire Department, or to build or acquire a Fire Station, or to contract for fire protection services with any person, governmental entity or corporation other than the Cape Canaveral Volunteer Fire Department, Inc. , without such plan or proposal having been first approved by a majority vote of the qualified electors of the City voting in a general election or one held for this purpose. Nothing herein shall prevent the City or Cape Canaveral Volunteer Fire Department, Inc. , from entering into a Mutual Aid Agreement with any municipality, Brevard County or any private or federal agency for the purpose of supple- menting the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc. FURTHER PROVIDING that any action previously taken by Resolution, motion or otherwise to establish or operate a Fire Department or to build or acquire a Fire Station shall be terminated or stayed until brought into compliance with this Section. Note: This amendment was placed on the ballot as a referendum question and adopted by the voters at the General Election held on November 5 , 1985 . / rAA j ORDrNANCE NO. 47-85 . AN ORDINANCE PURSUANT TO SECTION 633 . 01, ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR A CHANGE IN THE ZONING DISTRICT CLASSIFICATION FROM R-3, MEDIUM DENSITY RESIDENTIAL, TO C-1, LOW DENSITY COMMERCIAL, PARCEL 251, SECTION 15, TOWNSHIP 24S, RANGE 37E AND A PORTION OF PARCEL 750, SECTION 15, TOWNSHIP 24S, RANGE 37E, CONSISTING OF A STRIP OF LAND 500 FEET WIDE, LOCATED WEST AND ABUTTING THE RIGHT OF WAY OF STATE ROAD AlA, EXTENDING NORTH OF CENTRAL BOULEVARD TO PARCEL 251; PROVIDING THAT SUCH CHANGES TO THE ZONING DISTRICTS SHALL NOT BECOME EFFECTIVE UNTIL THEY HAVE BEEN DULY ENTERED UPON THE OFFICIAL ZONING MAP; AUTHORIZING SUCH CHANGES TO BE MADE ON THE OFFICIAL ZONING MAP; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CHANGES ON SAID ZONING MAP; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1. Pursuant to Section 633. 01 of the Zoning Ordinance of the City of Cape Canaveral, Florida, the following described property, presently zoned R-3, Medium Density Residential , is hereby changed to zoning district classification C-1, Low Density Commercial : A portion of Section 15, Township 24 south, Range 37 east, the City of Cape Canaveral, Brevard County, Florida, more particularly described as follows : Begin at the intersection of the north line of the south 3316. 80 feet of said Section 15 and the west right of way line of State Road AlA, a 100. 00 foot right of way; thence N89°27 '20"W, along said north line, for a distrance of 625 . 00 feet; thence SOO°32 ' 40"W, for a distance of 400. 00 feet to a point on the north line of the south 2916. 80 feet of said Section 15 ; thence S89°27 ' 20"E, along said north line, for a distance of 302. 79 feet; thence S37°22 ' 24"E, along a line 500. 00 feet southwesterly of as measured at right angles to and parallel with said west right of way line, for a distance of 1510 . 89 feet to a point on the north right of way line of Fentral Boulevard, an undedicated 100. 00 foot right of way, being a point on the arc of a curve concave to the north having a radius of 561. 05 feet, said point bears S12°47 ' 05"E from the radius point of said curve; thence northeasterly, along said north right of way line and the arc of said curve thru a central angle of 14°34 ' 04" , for a distance of 142.65 feet to a point of tangency; thence N62°38 ' 50"E, along said north right of way line, for a distance of 369 . 81 feet to a point of said west right of way line of state road ala; thence N37°22 ' 24"W, along said west right of way line, for a distance of 1735 . 11 feet to the point of beginning. Containing 22. 976 acres more or less. SECTION 2. The change in the District Classification provided for in Section 1 shall not become effective until said change has been duly entered upon the Official Zoning Map, pursuant to Section 633 .01 of the Zoning Ordinance of the City of Cape Canaveral, Florida. SECTION 3 . The Official Zoning Map of the City of Cape Canaveral, Florida, shall be amended in accordance with this ordinance, and the Mayor and City Clerk are hereby authorized to place their signatures on said Official Zoning Map in accordance with Section 633. 01. SECTION 4 . All portions of the City Code in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall become effective immediately upon its adoption, and the zoning classification change as provided for in Section 1 of this Ordinance shall become effective as provided for in Section 633 . 01 of the Zoning Ordinance of the City of Cape Canaveral, Florida. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1986. Mayor ATTEST: City Clerk Approved as to Form: City Attorney ORDINANCE NO. 5-85 C.°G AN ORDINANCE AMENDING ARTICLE XX, SECTION " VLII , "SIGNING BONDS" , OF THE CHARTER OF THE ( CITY OF CAPE CANAVERAL, FLORIDA, BY DELETING THE MINIMUM TERM FOR BONDS; BY CHANGING THE ALLOWABLE PAYMENT DATES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, finds it necessary to occasionally acquire certificates of indebtedness; and WHEREAS, in the highly fluid market of today, terms of less than two years are sometimes advantageous; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1. Article XX, Section VIII, of the Charter of the City of Cape Canaveral, Florida, is hereby deleted in it,s entirety and replaced with the following: Sec. 8 Signing Bonds . All bonds, public improvement certificates or public utility revenue certificates, or other obligations for the payment of money, shall be signed in the name of the City of Cape Canaveral by the Mayor or such other officer as shall be designated for said purpose in the resolution authorizing the issuance of the same, and shall be attested by the City Clerk and shall be under the Seal of the City, and all of said bonds and certificates of indebtedness, except public improvement certificates payable only from assessments from public improvements, may bear interest coupons to be signed with facsimile signature of the Mayor; and all of the said obligations shall be of such denominations as shall be determined by the City Council, and to bear interest at the rate fixed by the City Council, not exceeding the prevailing market rate for similarly rated bonds, payable as may be determined by the City Council and not to exceed fifty (50) years from the date thereof Ord' J t't' gl, #7, Q ct•V; Ord- iVO .5=-85; CI, I? Fe-b g �SE� 'ION`2: his�0 a 1 take effec i ediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of February , 1985 . ayor Attest: NAME YES v0 FISCHETTI x First Reading 2-5-85 MARCHETTI x Posted: 2-6-85 ty Clerk NICHOLAS _ Advertised: 2-9-85 NUTHEHFOKU x ___ Second Reading: 2-19-85 Approved as to Form: WINCHES'EI< X i000/ 'ty Attorney I.. XX Art. XX CAPE CANAVERAL CHARTER Art. XX ments. Sec. 8 Si- nin Bonds . All bonds, public improvemen owered , rr, certificates o public utility revenue certificates, or y s other obligatio s for the payment of money, shall be lely , j,; signed in the name of the City of Cape Canaveral by the CO ?ents, Mayor or such other officer as shall be designated for 1 power said purpose in the resolution authorizing the issuance �� '� i �_ of the same, and shall_ be attested by the City Clerk and A- shall be under the se_ of the City and all of said bonds of _es. y43 and certificates of indebtedness, except public improve- ,.' ment certificates payable, only from assessments from ex- public improvements, may bear interest coupons to be Lants, ,, signed with a facsimile signature of the Mayor; and all ices , 3rc of the said obligations shale be of such denominations ilities ; �E,; as shall be determined by the`,City Council, and to bear interest at the rate fixed \by the City Council, not ex- ` ,- ceeding the prevailing mark t r to for similarly rated `. bonds r ,kpayable either annual o ,semi-annually, and to Obli- be due not less than two (2) ears'Qr more than fifty nt of (50) years from the date there f. [ . No. 17-81, S 1, Lit of , 8 Oct 1981] Ole are Sec. 9 Bond Resolution or Ordinance Required. Prior action to the issuance of any such bonds or certificates of in- 3 by debtedness, the City Council shall by resolution authorize the issuance of the same, fixing the aggregate amount of - the proposed issue, the denomination, the rate of interest, Any the purpose for which the moneys derived therefrom shall m be expended, the maturity of the same, either in serial in form or all to mature at a fixed date, and shall provide for and create a sinking fund to pay the principal and f the interest of the said indebtedness as the same shall mature. pro- Sec. 10 Sale of Bonds . The said bonds or certificates Ltion. - , of indebtedness shall be sold by the City at public let- ting for competitive bidding at not less than ninety-five T-f (95) cents on the dollar, provided that public improvement is certificates payable only from special assessments for L shall public improvements may be sold to the contractor making iness such improvements at private sale for not less than par f the in payment of the contract work for such public improve- y be ments. llot, ve to :r; Sec. 11 Conflict of Interest. No member of the City against Council or any officer of the City shall be directly or he said =; indirectly interested in the purchase from the City of rove any bonds or other obligations of the City, nor any such I more ,. Y person be directly or indirectly interested in any con- cer- tract to be issued by the City in excess of One Hundred )y the 7 dollars ($100. 00) . t ORDINANCE NO. 9-74 AN ORDINANCE AMENDING ARTICLE XX, SECTION 13 OF THE CHARTER OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING THE CITY POWER TO BORROW MONEY AT INTEREST RATE AND FOR A TIME PERIOD NOT OTHERWISE PROHIBITED BY LAW; DELETING EXIST- ING SECTION 13 OF ARTICLE XX OF SAID CITY CHARTER IN ITS ENTIRETY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 166. 011(5), Florida Statutes, provides that existing Charter provisions of the City shall become Ordinances of the City, subject to modification or repeal as other ordinances; and k WHEREAS, Section 13,•Article XX of the Charter of the City of Cape Canaveral provides that the City mad borrow on a temporary basis for a period of one (1) year funds at an interest rate not exceeding five per cent (5%); and WHEREAS, said Section 13, Article ?;X as hereinbefore described is not feasible, practical or usable, and the CitI desires to delete such provision and replace same with the City's power\to borrow money at a current rate of interest and for any time period so' long as such provisions do not conflict with other provisions of law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. Section 13, Article XX of the Charter of the City of Cape Canaveral, Florida is hereby repealed and the following provision is adopted in lieu thereof: "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 not otherwise prohibited by law. " SECTION 2. This Ordinance shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 7TH day of MAY , 1974. • May Attest: ' i, ; � NAME YES NO ABS City Clerk l - MACLAY RHAME t/ Approved as to fofm: n.4 SALVAGGIO THURM a/ City Attorney FIRST READING : 4/2/74 ADVERTISED : 4/8/74 POSTED 4/17/74 SECOND READING 5/7/74 • �� ORDINANCE NO. 16-83 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA, A PRO- POSED AMENDMENT TO ARTICLE III , SECTION 2 , ARTICLE VIII , ARTICLE XI , ARTICLE--X-I I4 *ART-GLE• -XI-V-,- ARTICLE XV r D_P-LgT-ING-ART-ICLES. *IX,- X' AAN XII- OF THE CITY CHARTER, CHANGING THE FORM OF GOVERNMENT FROM A STRICTLY COUNCIL/MAYOR FORM OF GOVERNMENT TO A CITY MANAGER FORM OF GOVERNMENT; ESTABLISHING THE LANGUAGE FOR THE PROPOSED AMENDMENT IN THE REFERENDUM; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1 . ARTICLE III , Section 2 of the City Charter is hereby deleted in its entirety and replaced by the following: "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 of the City by resolution. The appointed officers shall be those of the City Manager and the City Attorney. " SECTION 2 . ARTICLE VIII , CITY CLERK, Section 1 is hereby deleted in its entirety and replaced by the following: Vgec. 1 . Appointment and Duties. The City Manager shall appoint a City Clerk and such deputies as might be required. It shall be the duty of the City Clerk to attend all meetings of the City Council, and to keep ( • correct. minutes of all their proceedings in a book kept for that purpose. The City Clerk shall be custodian of papers, books and records of the City and of the seal of the City, and shall attest and affix the seal of the City to all instruments and documents requiring the same; and he shall perform such other duties as are prescribed in this act or required by ordinance, or shall be required by the City Manager from time to time: *Deleted on Second Reading ORD. NO. 16-83 7-5-83 PAGE 1 OF 4 * -SECTION-3-r -A-RT.ICLE-IX,-C-IT2 TAX AS&E&S9R,- ARI€LR X,- -CITY SAX. COLLECTOR,-ART-ICI,E-X-II-MUN�C�PAL-COU-RT-- ire h-e elay- -da1etad-in chair-e t ret as-a-result ef-amewdment-s to-the- SECTION4 . ARTICLE XI , CITY TREASURER, Section 1 is hereby deleted in its entirety and replaced by the following: V Sec. 1 . Appointment and Duties . The City Manager shall appoint a City Treasurer. It shall be the duty of the City Treasurer to receive all monies and funds coming in or belonging to the City for taxes, licenses, fines and from any and all sources whatever, and he shall keep a faithful and strict account of all such monies and funds and shall pay same out only upon the order of the City Council, made in pursuance of law and ordinance. It shall be the duty of said City Treasurer to keep a strict account of each fund separate. All City funds shall be kept and deposited as shall be directed by the City Manager. The City Treasurer shall prepare all checks and vouchers to be drawn on the City depositories, and shall sign the same and present such checks to the Mayor, or in his absence to the Mayor Pro Tern, to be countersigned as provided herein, or as otherwise provided by ordinance of the City Council. He shall perform such other duties as the City Manager, from time to time, shall require of him. " * -SECTION-5- ,ARTICLE X-1.I.L,-P9La-CE. DEPARTMENT.,-is. - -h 4by- deleted- n it-s-eu.tirety- and- rep-laced-with- the- fol-lewing-: - -"See•. --lr -Establ-ishme -of- Pol-iee-Department-. - - The- C-it-y-Couuci-l-may-esta-bl-ish-a-Pe-lj.ce- De- - -- partmen-t-arid-the-City- Past e- she-11- appoint-- - a- Po iGe-Chief-with- the- eoicu-rrence- e -the- _C ity Cou-no-i i-. - * SECTION- 6-. - ART-IGLE- X-IV-, -FIRE- DEPAP-TP4EN-T,- See-tion- 1- -is- hcrelay-de-leted-in- its- ent-irel.y-and-r4plaeed- by-the- a 1 Lowing- - 1-. - Autho-riza tion- of-Fi-re Department-. -The-Ci-ty may- hav-e-a-paid- P-ir-e-Department- -which-sha1-1-c0-ns-iSt.-0 - a- F-ir-e-Ch-ie-f-and- -s ck- other number-o€- firemen-- as-the-Ci-ty- -Manager-may-de-term-ine -The-F -re- Gh.ie€- *Deleted on Second Reading ORD. NO. 16-83 7-5-83 PAGE 2 OF 4 * —sball—be the bead—oZ the Eixe—Department — _and_he shall be—appninted_and—removed—by the .City—Manager. —He and the f i.remen shall .receive such—compensation asia.y— _be detexmined—b the .City_Manager_"_ SECTION 7 . ARTICLE XV, PUBLIC WORKS , Section 1 is hereby deleted in its entirety and replaced by the following: "Sec. 1. Creation of Department of Public Works . The City Council shall have the power to create in the City of Cape Canaveral, a Department of Public Works to be known as "Department of Public Works, City of Cape Canaveral, Florida. " When such department shall be created, the City Manager shall appoint a Superintendent of Public Works who shall be in charge of the Department of Public Works. The Superintendent shall be responsible to the City Manager for the proper performance of the duties imposed upon him by this act, and shall perform daily the duties of this office in such a manner as may be designated by the City Manager, and he shall provide surety bond in such an amount as may be required by the City Manager for the faithful performance of his duties, which shall be as follows: 1. To exercise control and direct super- vision over all municipal utilities, contracts, repair of streets and the care of parks, ex- cept those pertaining to the water and sewage systems of the City of Cape Canaveral . 2 . To see that the terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof to call the same to the attention of the City Manager whose duty it is to see that such action as might be neces- sary to enforce same is taken. 3 . To have charge of the removal of garbage and trash or franchise thereof, and it shall be his duty to see that the streets are kept clean. 4 ., He shall perform such other duties as the City Manager from time to time, shall require of him. " SECTION 8 . The City Clerk shall advertise the proposed Charter Amendments pursuant to Florida Statues. *Deleted on Second Reading ORD. NO. 16-83 7-5-83 PAGE 3 OF 4 • SECTION 9 . The above amendments to the Charter of the City of Cape Canaveral , Florida, shall be submitted to the electors of the City of Cape Canaveral, Florida, at its general City election to be held on November 8 , 1983 . SECTION 10 . 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, 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 11 . This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 5th day of July 1983 . Ma or Attest: NAME YES NO City ); I1 CALVERT IX ki 0 ,I HARRIS IX :Approved as•,tc',Form: ( I X • NICHOLAS ) • • I i rtU TH ERFORD !X Ci Attorney ORD. NO. 16-83 PAGE 4 OF 4 a Art. III CAPE CANAVERAL CHARTER Art. III of the City of Cape Canaveral and shall have and possess the qualifications of freeholder electors therein. They shall have been residents of the City or an area annexed by the City for a period of two years immediately pre- ceding 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 for- feit his office and his seat shall immediately become vacant. Absence from four consective regular meetings of the City Council, or from thirty percent 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 Off i ers. The City Council shff:1T have (e the power to appoint, emp oy and remove from.-office such Q. rf._ officers and employees of e City as tie'City Council i) S shall deem necessary for the perat3.on of the City. Said appointments and removals sha e-subject to the majority 5ec . A . vote of the City Councilmen. ,. e City Council shall fix Uthe compensation of all appointe officers and employees of the City. The offices of City Jerk, Tax Assessor, Tax Collector: and City-Treasurer may be eld by one and the same person, or-inay be combined in th office of City Clerk, or rgag'Jbe combined in such mann r as the City Council may di pe . EAmeAcl eg_ b y 6-cnera I Election, '' AA ) gT1 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 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. ---PA- 6 E TEvI SE p YiUdi) t3 33 Art. VII CAPE CANAVERAL CHARTER Art. IX He shall furnish the Council, or the City Clerk, his opinion on any question of law relating to their re- spective powers and duties, and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Council or by this act, or such as are prescribed for City Attorneys under the general laws of this state, not inconsistent with this Charter. Sec. 3 Compensation. The City Council may, from time to time, by resolution, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this act and by the Council, provided, that all special or unusual services required of the City Attorney, the fee for which is not otherwise prescribed in this act, may be specially com- pensated as the Council may see fit to provide. ARTICLE VIII CITY CLERK Sec. 1 Appointment and Duties. The City Council shall appoint a City Clerk and such deputies as might be re- quired. It shall be the duty of the City Clerk to attend all meetings of the City Council, and to keep correct minutes of all their proceedings in a book kept for that purpose. The City Clerk shall be custodian of papers, books and records of the City and of the seal of the City, and shall attest and affix the seal of the City to all instruments and documents requring the same; and he shall perform such other duties as are prescribed in this act or required by ordinance, or shall be required tvoy, by the - from time to time. =/mended b1 General tlec Li f'( irC?nC<( (! - nvou,t.i`7i0 J ARTICLE IX CITY TAX ASSESSOR Sec. 1 Appointment and Duties. The City Council shall appoint a City Tax Assessor. He shall serve at the pleasure of the Council. He shall prepare tax maps, assess all properties within the corporate limits of the City for taxation, maintain assessment rolls and perform all the usual duties of a tax assessor. Ra eRPUISe4 Art. X CAPE CANAVERAL CHARTER Art. XII thereof. All funds collected by him shall be immediately paid over to the City Treasurer, to be deposited by him in the City Depository. As tax collector, he shall make monthly reports to the City Council on all moneys and funds collected by him or coming into his hands, and shall make any additional reports as may be required of him by the City Council, and he shall perform such other duties as are prescribed by this act or required by ordinance or shall be required by the Council from time to time. ARTICLE XI CITY TREASURER Sec. 1 Appointment and Duties. The City C31-- shall appoint a City Treasurer. It shall be the duty of the City Treasurer to receive all moms and funds coming in or belonging to the City for taxes, licenses, fines and from any and all sources whatever, and he shall keep a faithful and strict account of all such mono* and funds, and shall pay same out only upon the order of the City Council, made in pursuance of law and ordinance. It shall be the duty of said City Treasurer to keep a strict account of each fund separate. All City funds shall be kept and deposited as shall be directed by the City_ Ceuncil.- The City Treasurer shall prepare all checks - -and vouchers to be drawn on the City depositories, and / shall sign the same and present such checks to the Mayor, or in his absence to the Mayor Pro Tem, to be counter- 1/,/\ttti‘Gir signed as provided herein, or as otherwise provided by ordinance of the City Council. He shall perform such other duties as the City from time to time, shall require of him. rnara CA e nd ed Y� 6-eAu ta-e. ac ,-o ,can a-u 7 ARTICLE XII MUNICIPAL COURT Sec. 1 Appointment of Judge and Formation of Court. The Municipal Court of the City of Cape Canaveral shall be presided over by the Municipal Judge, who shall be a licensed attorney-at-law, appointed by the City Council, and the said court is hereby established, which court shall have jurisdiction to try the violation of all or- dinances of the City, and to inflict such penalties as the ordinances may prescribe, not to exceed a fine of five hundred dollars, or imprisonment for sixty days, or both fine and imprisonment, for any one offense. pp6—e vrsE�� Art. XIV CAPE CANAVERAL CHARTER Art. XV Sec. 2 Volunteer Fire Department. The City may support and assist a Volunteer Fire Department or Departments. Such support and assistance may include, but shall not be limited to, the furnishing of City fire trucks, fire fight- ing equipment and supplies for any use by the Volunteer Fire Department or Departments, payments to volunteer firemen for attendance at Volunteer Fire Department meet- ings or for answering fire alarms and calls, and the pay- ment of premiums on life insurance and hospitalization insurance policies covering the volunteer firemen. Sec. 3 Duties of Fire Chief. It shall be the duty of the Fire Chief to attend such meetings of the City Council as required by the City Council; to aid in the enforcement of all City ordinances relating to the prevention and ex- tinguishment of fires and the protection of life and property within the limits of the City of Cape Canaveral, and to execute all papers and processes of the City or its authorities relating thereto, and to perform such other duties as may be lawfully required of him, subject to the authority and instructions of the City Council. The Fire Chief shall have and exercise control over the Fire Department. ARTICLE XV PUBLIC WORKS `'"Sec. 1 Creation of Department of Public Works. The City Council shall have the power to create in the City of Cape Canaveral, a Department of Public Works to be known as "Department of Public Works, City of Cape Canaveral, _ Florida. " When such department shall be e1 ated, the City shall appoint a Superintendent \�gv`aC) of Public Works who shall be in charge of the Department 1 ' of Public Work . The Superintendent shall be responsible to the City • -for the proper performance of the aru`e( duties imposed upon him by this act, and shall perform daily the duties of this office in such a manner as may be designated the City C�,�._:1 and he shall provide ayaser surely bond in such an amount as may be required by the -rn f City for the faithful performance of his duties, awake whic hall be as follows: CPtmerde4 . by CrQ-��w2 �Q :� 3x.o.c 3] 1. To exercise control and direct supervision over all municipal utilities, contracts, repair of streets and the care of parks, except those pertaining to the water and sewage systems of the City of Cape Canaveral . j�1C- E '.tostD � /Uou F- 3 o4, 07-3 . ,}6,10j ORDINANCE NO. 16-83 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA, A PRO- POSED AMENDMENT TO ARTICLE III , SECTION 2 , ARTICLE VIII , ARTICLE XI , ARTI-Ob-E—XIII * ARTIGLE_ -X ICJ r ARTICLE XV,.__D_EI 'ING-ARTI-CL-.ES- �IX,- ANL)XII- OF THE CITY CHARTER, CHANGING THE FORM OF GOVERNMENT FROM A STRICTLY COUNCIL/MAYOR FORM OF GOVERNMENT TO A CITY MANAGER FORM OF GOVERNMENT; ESTABLISHING it THE LANGUAGE FOR THE PROPOSED AMENDMENT IN THE REFERENDUM; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1 . ARTICLE III , Section 2 of the City Charter is hereby deleted in its entirety and replaced by the following: "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 of the City by resolution. The appointed officers shall be those of the City Manager and the City Attorney. " SECTION 2 . ARTICLE VIII , CITY CLERK, Section 1 is hereby deleted in its entirety and replaced by the following: "Sec. 1 . Appointment and Duties. The City Manager shall appoint a City Clerk and such deputies as might be required. It shall be the duty of the City Clerk to attend all meetings of the City Council , and to keep correct minutes of all their proceedings in a book kept for that purpose. The City Clerk shall be custodian of papers , books and records of the City and of the seal of the City, and shall attest and affix the seal of the City to all instruments and documents requiring the same; and he shall perform such other duties as are prescribed in this act or required by ordinance, or shall be required by the City Manager from time to time: • *Deleted on Second Reading ORD. NO. 16-8 3 7-5-83 PAGE 1 OF 4 * -S-ECTION-3- -A T�C�.E-Imo -CST TAX AS&E-SSBR,- AR-TIGLE ,- -CZ-TY TAX COLLRCTOR,-ART-ICI,E-X-II-M4N4-C�PAL-COURT,- acre 1epeby- -del�tad-in the.ix-en-tire.ty a-s-a-result ef-amendments. to-the- -State-Can&t t t.on.- SECTION 4 . ARTICLE XI , CITY TREASURER, Section 1 is hereby deleted in its entirety and replaced by the following: "Sec. 1 . Appointment and Duties . The City Manager shall appoint a City Treasurer. It shall be the duty of the City Treasurer to receive all monies and funds coming in or belonging to the City for taxes, licenses, fines and from any and all sources whatever, and he shall keep a faithful and strict account of all such monies and funds and shall pay same out only upon the order of the City Council, made in pursuance of law and ordinance. It shall be the duty of said City Treasurer to keep a strict account of each fund separate . All City funds shall be kept and deposited as shall be directed by the City Manager. The City Treasurer shall prepare all checks and vouchers to be drawn on the City depositories, and shall sign the same and present such checks to the Mayor, or in his absence to the Mayor Pro Tem, to be countersigned as provided herein, or as otherwise provided by ordinance of the City Council . He shall perform such other duties as the City Manager, from time to time, shall require of him. " * -SECTION-5- -ARTI-CI.E-X-I.I�,-PO.L�-CE DEPARTMENT,-is. - hereby- deleted- in-its-en-ti-re-ty- and- rep-laced-with- the- fol-lowing-: - -"See-. -1,- -Es-tabl-ishmen-t-o Rol-ice-Department -. - - The- City-Csunci-l-may-establ-ish.-a-Po-lice- De- - - partment-and-the-City- Manager- sha-11- appoint- - a- Rol-ise-Ch-ie-f-with- the- e-onen-rrence- of--the- _C icy_ Cons-i 1-. - * S-EG-TION- 6-. - ART-IC-LE- X-IV-, -FIRE- DEPAR-TI EN--T,- Section- 1- -is- hereby-ale-leted-in- its- e-ntire1-y-and--rep1-aced- by-the- -f o-1 Low-i ng r- - "Se_c.- 1-. - Aut ori-za-tion- o-f-Fire Depa-rtment-. -The-City- may- have-a-pa-id- F-ire-Depa-rtme-nt- _IteYCich-s ha 1-1-co-n s-i st-of- a- F-i re-Ch-i e-f-and- -such- other- number-of f-iremen- a-s-th-e-City- -Manager-may-de-tin-ine.- -The-Fire- Chief • *Deleted on Second Reading ORD. NO. 16-83 7-5-83 PAGE 2 OF 4 * -Gh.al-l-he. the head-off the Fire-Department - -and-he shallbe-appointed-and-removed-by the City_M.anager, He and the linemen. shall xe.ceive such_compensation as-may- _b.e determined-by the City_Manag.er,. "- SECTION 7 . ARTICLE XV, PUBLIC WORKS , Section 1 is hereby deleted in its entirety and replaced by the following: "Sec. 1 . Creation of Department of Public Works . The City Council shall have the power to create in the City of Cape Canaveral, a Department of Public Works to be known as "Department of Public Works , City of Cape Canaveral , Florida. " When such department shall be created, the City Manager shall appoint a Superintendent of Public Works who shall be in charge of the Department of Public Works. The Superintendent shall be responsible to the City Manager for the proper performance of the duties imposed upon him by this act, and shall perform daily the duties of this office in such a manner as may be designated by the City Manager, and he shall provide surety bond in such an amount as may be required by the City Manager for the faithful performance of his duties, which shall be as follows: 1 . To exercise control and direct super- vision over all municipal utilities, contracts, repair of streets and the care of parks, ex- cept those pertaining to the water and sewage systems of the City of Cape Canaveral. 2 . To see that the terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof to call the same to the attention of the City Manager whose duty it is to see that such action as might be neces- sary to enforce same is taken. 3 . To have charge of the removal of garbage and trash or franchise thereof, and it shall be his duty to see that the streets are kept clean. 4 . He shall perform such other duties as the City Manager from time to time, shall require of him. " SECTION 8 . The City Clerk shall advertise the proposed Charter Amendments pursuant to Florida Statues. *Deleted on Second Reading ORD. NO. 16-83 7-5-83 PAGE 3 OF 4 • SECTION 9 . The above amendments to the Charter of the City of Cape Canaveral , Florida, shall be submitted to the electors of the City of Cape Canaveral, Florida, at its general City election to be held on November 8 , 1983 . SECTION 10 . 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, 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 11. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 5th day of July 1983. &/1.4 Ma or () Attest: U'• j�-� �C\1,/13=--tta �'`� NAME JYESfNO CiyClerk , CA_VERT Approved as to, ,Form: HAR RIS I__ NICHOLAS Ix_Ix _ Ft1J TH R_F_O_R> Ix I uv:N::Ht`=•f-R Ix l Ci Attorney ORD. NO. 16-83 PAGE 4 OF 4