HomeMy WebLinkAboutCouncil Rules of Procedure (Code Chapter 271) ORDINANCE NO. 15-764 .
AN ORDINANCE AMENDING ORDINANCE 5-73, AS AMENDED,
ENTITLED "RULES AND PROCEDURES FOR THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL, FLORIDA", BY PROVIDING
FOR TWO REGULAR CITY COUNCIL MEETINGS EACH MONTH,
BY PROVIDING FOR WORKSHOP MEETINGS; REPEALING ALL
ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
as amended,
SECTION 1. Ordinance No. 5-73,/which establishes rules and
procedures for the City Council of the City of Cape Canaveral, Florida, is
hereby amended as follows:
(1) Rule 1. 02 entitled "Regular Meetings" is hereby deleted from
Section 1 of Ordinance No. 5-73, and the following sub-section
substituted therefor:
"1. 02 Regular Meetings
The City Council shall hold regular meetings the first and third
Tuesday of each month at 7:30 o'clock in the evening.
When the day fixed for any regular meeting falls upon a day
designated by law as a legal national holiday, such meeting
shall be held on the next succeeding day not a holiday.
Regular meetings may be otherwise postponed, cancelled,
only by resolution adopted at a regular meeting by a majority
vote of the Council. All regular meetings shall be held in the
City Hall of the City of Cape Canaveral, Florida, or such
other places as designated by a majority of the Council in
open session. "
(2) Rule 1. 04 entitled "Workshop Meetings" is hereby deleted from
Section 1 of Ordinance No. 5-73 in its entirety, and the following sub-
' section substituted therefor:
"I. 04 Workshop Meetings
Members of the City Council will normally meet on the Thursday
prior to each regular meeting at 7:30 o'clock in the evening, to
informally discuss matters relating to City business. These
meetings shall normally be held in the City Hall of the City of
Cape Canaveral, Florida, and shall be open to the public and
press. "
1
(3) Sub-section (D) of Rule 1. 05, entitled "Preparation of Ordinances
and Resolutions" is deleted in its entirety from Section 1 of Ordinance
5. -73, and the following sub-section substituted therefor:
"1. 05 (D) Preparation of Ordinances and Resolutions
All ordinances and resolutions prepared shall be filed with
the City Clerk and a permanent reference number assigned
prior to consideration by the Council at any regular
meeting. A copy shall normally be furnished to each
1 council member at the workshop meeting prior to the
regular meeting at which the ordinance or resolution shall
be considered. In the event that the aforementioned work-
shop meeting is not held, a copy of the proposed ordinance
or resolution shall be sent to the residences of all council
members and to the office of the City Attorney at least 48
hours prior to the regular meeting. "
(4) Sub-chapter (C) of Rule 1. 06, entitled "Preparation and Notice of
Agenda" is hereby deleted from Section 1 of Ordinance No. 5-73 in its
entirety, and the following sub-chapter substituted therefor:
"1.06(C) Preparation and Notice of Agenda.
All items to be placed on the agenda must be filed with the
1 City Clerk prior to or during the workshop meeting. (See
1. 04 above). In the event that the workshop is not held, any
member of the Council, the City Attorney, City Clerk or
City Manager may place an item on the agenda, provided that
said item must be filed with the City Clerk prior to 12:00 noon
*Friday on the*T-httr- preceding the regular meeting. This agenda
will then be sent to the residences of the members of the City
Council and to the office of the City Attorney at least 48 hours
' prior to the regular meeting.
SECTION 2. All ordinances or parts thereof in conflict herewith ar
hereby repealed.
* August 1, 1976
SECTION 3. This Ordinance shall become effective' elli ty upon
•
its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this �7, 'ra' • bf July , 1976.
i Z-1) i' -c rz,: -�
, , I, ` Mayor
Atte ' � \ First Reading: July 13, ' 7
i
(� Posted: July 13, 1976
�- ✓ �-,�% Second reading: July 27, 19
ity C erk \; ' Advertised: July 19, 1976
(.(!i)
ovecl as to fo m: -
NAME YES �1O
i NICHOLAS
ity Attorney HOOD
n"�IRr-HY x ORDINANCE 15-76
*Er.,mAcrl nn cc,rv,7 !,-•.74.ten i — --- -- -
ORDINANCE NO. 16-75,,
AN ORDINANCE AMENDING ORDINANCE NO. 5-73
AS AMENDED BY AMENDING THE RULES OF
PROCEDURE- -FOR THE. CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, FLORIDA; BY
PROVIDING FOR TIME CHANGE FOR PLACING
ITEMS ON THE AGENDA. REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR AN •
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. ORDINANCE NO; 5.7 3 AS AMENDED r
WHICH ORDINANCE ESTABLISHES RULES AND PROCEDURES, :CS
HEREBY AMENDED AS .FOLLOWS:
. (41 SUB-CHAPTER (c) OF GENERAL RULE 1.06r
• ENTITLED "PREPARATION AND NOTICE OF AGENDA" IS HEREBY
DELETED FROM SECTION 1 OF ORDINANCE NO. 5--73 IN ITS ENTIRETY,
AND THE FOLLOWING -NEW SUB-CHAPTER SUBSTITUTED THEREFOR:
1.06 PREPARATION AND NOTICE OF AGENDA
(c) ALL ITEMS TO BE PLACED ON THE AGENDA
MUST BE FILED WITH THE CITY CLERK PRIOR TO
5:00 P.M. ON THE THURSDAY PRECEDING THE
REGULAR MEETING. THIS AGENDA WILL THEN
BE SENT TO THE RESIDENCES OF THE MEMBERS
OL' THE CITY COUNCIL AND TO THE OFFICE OF
• CITY ATTORNEY AT LEAST 48 HOURS PRIOR TO
THE REGULAR MEETING. .
SECTION 2. ALL ORDINANCES OR PARTS OF ORDINANCES
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 10TH DAY OF JUNE , 1975.
( ,,
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1 . /, I1 • t
•', ATTEST:
FIRST READING: 5-6-75
POSTED: 5-7-75
"24) , -( 1/,' ''
•
� ' SECOND READING: , 6-10-75
"u "� o — ' ` ADVERTISED: 5-10-75
• CITY CLE sF3�
APPROVED AS TO(____,_, _o__".„,____,ed.-..-,/ FORM: x� X __.,
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rl___.,____i____.
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TTCITY AORNEY RN 1 1
i
AN ORDINANCE AMENDING ORDINANCE NO. 5-73
AS AMENDED BY AMENDING THE RULES AND PROCEDURES
FOR THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA: BY PROVIDING FOR REGULAR
CITY COUNCIL MEETINGS FOUR TIMES EACH MONTH:
BY *AMENDING PROVISIONS FOR WORKSHOP MEETING *AMENDED
PROCEDURES* REPEALING ALL ORDINANCES OR PROVISIONS '
PARTS OF ORDINANCES IN CONFLICT THEREWITH; FOR WORKSHO
PROVIDING AN EFFECTIVE DATE. MEETING PRO-
woo RIB
• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS :
SECTION 1. Ordinance No. 5-73, as amended, which
Ordinance establishes rules and procedures, is hereby amended
as folilows:
(1) General Rule 1.02e entitled "Regular meetings,
is hereby deleted from Section 1 of Ordinance No. 5-73, and
the following sub-section substituted therefor:
1.02 Regular Meetings
The City Council shall bold regular meetings .
the first four Tuesdays of each` month at 7 :30
o'clock in the evening. When the day fixed for
any regular meeting falls upon a day designated
as a legal national holiday, such meeting shall be
held on the next succeeding day not a holiday.
Regular meetings may be otherwise postponed or
cancelled ' ,only by resolution adopted at a regular
meeting by a majority vote of the Council. All
regular meetings shall be held in the City Hall
of the City of Cape Canaveral, Florida, or in.
such other places as designated by a majority of
the Council in open session.
(2) General Rule 1.04 entitled "Workshop Meetings,"
is hereby deleted in its entirety from Section 31. of Ordinance No.
* AMEND-Ai AT
ND READING 5-73, **"and the following sub-section substituted. therefor:
1.04 WORKSHOP MEETINGS
Workshop meetings may be held by the City Council i, :.
such times and places as may be designated by a
majority of the City Council in open session. These
workshop meetings are for the purpose of informally
discussing matters relating to City business and
shall be open to the public and press ."
(3) General Rule 1.05, entitled. "Preparation of
•
Ordinances and Resolutions, is deleted in its entirety from
Section 1 of Ordinance No. 5-73, and the following sub-section
substituted therefor:
1.05 Preparation of Ordinances and Resolutions
(a) An act that is required to be accomplished by
ordinance shall not be accomplished by resolution.
A resolution is ordinarily of a temporary character,
whereas an ordinance prescribes a permanent rule
of conduct or government.
‘ - %}J, r]-L.L V£.LL .11u ils. C4J uliu -v -• ,..— ..• .,,,- y,4
. initiated by a member of the Council or the
City Attorney. 1
(c) All ordinances and resolutions shall be
reduced to writing and shall be approved as to
form and legality by the City Attorney prior to
consideration by the Council at any regular meeting.
(d) All ordinances and resolutions prepared shall
be filed with the City Clerk and a permanent reference
number assigned prior to consideration by the Council i
at any regular meeting. A copy of the proposed 1
• ordinance or resolution shall be available to
each Council Member and the City Attorney at least
• 24 hours prior to the regular meeting, at the office
of the City Clerk.
(e) All ordinances and resolutions shall enjoy public
notice in accordance with Article XXIV, Section 4 ,
of the City of Cape Canaveral Charter, or the
Zoning Ordinance, or the Statutes of the State of
Florida, particularly Chapter 166, as appropriate.
t
(4) Sub-chapter (c) of General Rule 1 e 06, entit:led
"Preparation and Notice of Agenda, is hereby deleted from Section 1
of Ordinance No. 5-73 in its entirety, and the following new sub--
chapter substituted therefor: -
1.06 Pre aration and Notice of Agenda
(c) All items:-to be placed on the agenda must be
filed with the City Clerk prior to 12 :00 noon on
the Thursday preceding the regular meeting. This
agenda will then be sent to the residences of the
members of the City Council and to the office of
City Attorney at least 48 hours prior to the regulax
meeting.
(5) General Rule 1.14, entitled `Minutes" is hereby
deleted from Section 1 of Ordinance No. 5-73 in its entirety, and
the following substituted therefor:
1.14 Minutes
**AMENDED
ON 2ND ** Reading of minutes shall be required prior to
' "".op READING adoption. The City Clerk shall have available
to each member of the Council and to the City
Attorney, copies of such minutes at least 24
hours preceding the next regular meeting. The
minutes of a meeting shall be approved and/or correct
by a majority of the members present and upon
such approval shall become the official minutes. (
SECTION 2. All ordinances or parts of ordinances
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 7th day of Januar , 1/975.
. k YO 7(- ----
Attest: First reading 12/17/74 Pip -- -_-- r,�
42-)'
.� Second reading1/7/75 J�r�, �� /-Q-�� v .sed 12/23/74 �����_•Y _I T`
City Cle .' V
r/ NICH:)t.A _tX__I—_ _.
Approved as to Form' -c.CCeo -
ity Attorne H_ ��_� ______
SAL.VAGC__,0 1
ORDINANCE NO. 44-73
AN ORDINANCE AMENDING ORDINANCE NO. 5-73, AS
AMENDED, BY REVISING SECTION 1. 05(c) PROVIDING
THAT THE CITY ATTORNEY OR HIS DESIGNATE SHALL
DRAFT AND REDUCE TO WRITING ALL ORDINANCES INSERT
AND RESOLUTIONS:PRIOR TO CONSIDERATION BY THE :: AND AFFIX HIS
CITY COUNCIL; REPEALING ALL ORDINANCES OR SIGNATURE
PARTS OF ORDINANCES IN CONFLICT THEREWITH;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AS FOLLOWS:
SECTION 1. Ordinance No. 5-73, as amended, which ordinance
established rules and procedures for the City Council of the City of Cape
Canaveral, Florida, is hereby amended as follows:
(1) "1. 05 Preparation of Ordinances and Resolutions (c), which
reads as follows:
"(c) All ordinances and resolutions shall be reduced
to writing and shall be approved as to form and legality
by the City Attorney prior to consideration by the
Council at any regular meeting. "
is hereby deleted in its entirety and the following sub-section (c)
substituted therefor:
"(c) All ordinances and resolutions shall be drafted
and reduced to writing by the City Attorney or his
designate„a;nd shall be approved as to form and ,,,,
legality/by the City Attorney prior to consideration by AND
the Council at any meeting. " HIS SIGNA-
TURE AFFIXECC
• SECTION 2. All ordinances or parts of ordinances in conflict here- I
with are hereby repealed.
dimellialt
SECTION 3. This Ordinance shall become effective immediately
upon its adoption by theCity Council of the City of. Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida,, :::
,I3TH, day of NOVEM197•c1 ;Attest: )
r'',2.--t_ 1/2".• first Reading: OCTOBER 16, 1973
)\ - i � � Advertised:
OCTOBER 20, 1973
amity'. l �r.�: }‘` Posted: OCTOBER 17, 1973
—S- A a: NOVEMBER 13, 1973
Approved as to fol. r,a_r: -- NO I
MACLA`! v
\\\ nHA vIr: ,,..--
City Attorne ------
iR.iTicc,:y_:t v
AMENDED ON 1ST READING A!-vAnSIO
THURN1
ORDINANCE NO, 14-73
AN ORDINANCE ESTABLISHING COMPENSATION FOR THE
MAYORAND COUNCILMEN OF THE CITY OF CAPE
CANAVERAL, FLORIDA, COMMENCING THE FIRST MONTH
AFTER THE GENERAL ELECTION OF JUNE, 1973,
EFFECTIVE FOR A TWO YEAR PERIOD THEREAFTER;
PROVIDING AN EFFECTIVE DATE.
WHEP EAS, the Charter of the City of Cape Canaveral provides
in Article III, Section 3 for the compensation of the Mayor and Councilmen,
requiring therein that an ordinance be adopted at least sixty (60) days but not
more than ninety (90) days preceding a City election; and
WHEREAS, it is the desire of the City Council to set the
compensation for the Mayor and Councilmen during the following two (2)
years after the general election to be held in June, 1973;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Commencing with July, 1973, and effective for a
two year period thereafter, the compensation for the Mayor of the City of
Cape Canaveral shall be $ 1600.00 per _YEAR.
SECTION 2. Commencing with July, 1973, and effective for a
two year period thereafter, the compensation for the members of the City
Council of the City of Cape Canaveral shall be $ 1200.00 per -YEAR._,
SECTION 3. This Ordinance shall take effect 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 3RD day of APRIL, 3.
Or
ATTEST:
First reading: MARCH 20, 1973
Second reading: APRIL 3, 1973
y'Cit clerrkk
Posted: MARCH 21, 1973
A proved as to form:
City A ttorne
UNJ1HRl`1LC HYU, LL-1)
i
AN ORDINANCE REPEALING ORDINANCES NO, 14-63, I
r 14-A-63 , 46-65 , 36-64-A, 22-657A, 10-68 , 3-71 , @
17-71 , 22-71 AND 10-72; PROVIDING AN EFFECTIVE 1
• DATE , 1
WHEREAS, Ordinance No . 1 --6 4 3 , as amended by 14-A b3 ,
establishing a'utility service tax, should have been repealed
by Ordinance No . 64 -10 , which established a new utility tax
i
scheme , and '
WHEREAS, Ordinance No . 46 -65 establishing council compensa--
tion, conflicts with newly enacted Ordinance No . 14-73 , and
WHEREAS, Ordinance No . 36-64-A providing the cable tele-
vision franchisee the authority to finance installation charges - t
at excessive interest rates has remained non-effective because
a written record -of acceptance has never been received nor does
the franchisee desire the authority, and
WHEREAS, Ordinance No . 22-65-A providing rules of procedure
for the Zoning and Planning Board is outdated and unobserved, and
the Board properly desires to promulgate its own rules of proced-
ure , and
WHEREAS, Ordinance No . 10 -68 , which amends section 2 of
Ordinance No . 64 -10 , should have been repealed by Ordinance No .
19-71 , which amended said section 2 in its entirety, and
WHEREAS, Ordinance No . 3-71 regarding obscene material is
identical to Section 847 . 011 , Florida Statutes , which this body
has already adopted by Ordinance No . 1-62 , and
WHEREAS , Ordinance No . 22-71 , which amends section 3
....0+
(c) of the Sign Ordinance of 30 March 1965 , should have been re-
•
pealed by Ordinance No . 18-72 , which amended said section 3 in
its entirety, and
WHEREAS , Ordinance No . 17-71 , as amended by 10-72 , .
imposing building permit fees , should have been repealed ex-
plicitly by Ordinance No . 15-73 , which established a new sched-
ule of building permit fees ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1 . Ordinances No . 14 -63 , 14-A-63 , 46-65 , 36-64-A,
22-65-A, 10-68 , 3-71 , 22- 71 and 10 -72 hereby stand REPEALED.
SECTION 2 . This ordinance shall become effective immediate-
ly upon adoption . .
Page 1 of 2 Ord . #22-73
• ' ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, THIS 3rd DAY OF JULY, 1973 .
L:.. - /J
b7AYOR
1 3(
CITY CLER �� {
SPON,_ORING COUNCILMAN
Y ATTORNE
First Reading: June 19 , 1973
Posted : June 21 , 1973
Second Reading : . July 3 , 1973
kumm
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•
NANIF. YES NO AES
ea o.:1_nv r/
UT}:OV/SKI
THURM
Page 2 of 2 Ord . # 22-73
ORDINANCE NO. 21-73
AN ORDINANCE AMENDING ORDINANCE NO . 5-73,
COUNCIL RULES OF PROCEDURE BY ALTERING
SECTION CONCERNING AREAS OF INTEREST, BY
CHANGING MANNER OF VOTING; AND, AMENDING
ORDINANCE 18-63 AS AMENDED BY I8-63-B, AND
7-73 (ZONING F, PLANNING BOARD) , AMENDING
ORDINANCE 7-7 2 AND 12-71 AS AMENDED (BOARD
OF ADJUSTMENT) BY DELINEATING MANNER OF
VOTING FOR CITY BOARD .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL , FLORIDA, AS FOLLOWS :
SECTION 1 . COUNCIL MEMBERS AREAS OF INTEREST. EACH
COUNCIL MEMBER SHALL BE A SOURCE OF INFORMATION TO THE COUNCIL IN
HIS AREA OF PRIMARY INTEREST. THE INTENT OF THIS RULE IS NOT TO
PREVENT ANY COUNCILMAN FROM EXECUTING HIS RIGHTS AND PREROGATIVES
OF OFFICE, BUT RATHER TO PERMIT AN ORDERLY DIVISION OF INTERESTS
AMONG THE COUNCILMEN. THE AREAS OF INTEREST ARE:
ROADS, POWER AND LIGHT SERVICE, TELEPHONE SERVICE, TRAFFIC
AND PARKING, RECREATION, CITY PARKS, CITY BEACHES AND WATERWAYS,
ZONING AND PLANNING BOARD, BOARD OF ADJUSTMENT, BUILDING OFFICIAL,
CITY PLANNING, POLICE DEPARTMENT, CITY COURTS AND JUDGES, FIRE DEPT
MENT AND FIRE INSPECTOR, LAW, COMMUNICATIONS, CITY CLERK, CITY TRE '.
URER, CITY HALL, BONDS TAXES AND REVENUE, ELECTIONS, CHAMBER OF
COMMERCE , CITY ATTORNEY; CITY MANAGER, LIBRARY, SEWAGE, DRAINAGE,
WATER SERVICE, HEALTH AND SANITATION INSPECTOR, GARBAGE SERVICE,
ANIMAL CONTROL . LIQUOR AND BEVERAGES, BEAUTIFICATION AND EROSION
CONTROL.
AT THE NEXT REGULAR MEETING FOLLOWING THE DAY OF THE
' k
GENERAL CITY ELECTION, THE COUNCIL, BY MAJORITY VOTE, SHALL ASSIGN
THE PROCEDING AREAS OF PRIMARY INTEREST TO ITS INDIVIDUAL MEMBERS.
SECTION 2 . MANNER OF COUNCIL VOTING ALTERED. ORDINANCE
NO . 5-73, § 1 .16 , CONCERNING ADOPTION, IS HEREBY AMENDED TO READ AS
wimmlimp
FOLLOWS :
"UPON CESSATION OF DISCUSSION OR IF CALLED, THE MOTION
SHALL BE RESTATED BY THE PRESIDING OFFICER AND EACH
COUNCIL MEMBER IN ALPHABETICAL ORDER OF LAST NAME, SHAL_,
VERBALLY STATE "FOR" OR AGAINST' THE MOTION. THE CLERK
SHALL RECORD THE VOTE OF EACH COUNCIL MEMBER BOTH IN THE
MINUTES AND UPON THE RESOLUTION OR ORDINANCE. THE PRE-
SIDING OFFICER SHALL DECLARE THE STATUS OF THE MOTION
AFTER A VOTE HAS BEEN TAKEN. IF A CONFLICT OF INTEREST
AS DEFINED IN gg 112 . 313 , 112 .314, Fla Stat. , EXISTS
FOR ANY BOARD MEMBER, THAT MEMBER SHALL NOT VOTE OR IN
ANY WAY PARTICIPATE IN ANY ACTION REGARDING THE MATTER.
GIVING RISE TO THE CONFLICT OF INTEREST. "
SECTION 3 . MANNER OF VOTING FOR BOARDS DELINEATED.
ORDINANCE NO. 18-63 AS AMENDED BY 18-63-B AND 7-73, CREATING A
. ZONING F, PLANNING BOARD; AND ORDINANCE 7-72 AND 12-71 CREATING A
BOARD OF ADJUSTMENT ; ARE HEREBY AMENDED BY THE ADDITION OF THE
FOLLOWING:
"IF A CONFLICT OF INTEREST AS DEFINED IN §§ 112 .313 ,
112 .314 , FLA. STAT. , EXISTS FOR ANY BOARD MEMBER, THAT
MEMBER SHALL NOT VOTE OR IN ANY WAY PARTICIPATE IN ANY
ACTION REGARDING THE MATTER GIVING RISE TO THE CONFLICT
OF INTEREST. "
SECTION 4 . THIS ORDINANCE SHALL BECOME EFFECTIVE IMMED '
IATELY UPON ITS ADOPTION.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVER '
FLORIDA, THIS 3rd DAY OF JULY, 1973 .
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MAYOR �sr=- �, - ---- f' -
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•
C TY CLER
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(------1---4,72 fif ---
/ SPONyfNG C UNCILI4AN
A TORN Y 7
First Reading : June 19 , 1973 '
Posted: June 21 , 1977
Second Reading : July 3 , 1973
NAME YES NO AE.S
•
MAC AY I.
RHAi•1r.
SAI.VA:ui0 V'/ -
THURM - d
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ORDINANCE NO, 5-73 (As Amended)
AN ORDINANCE ESTABLISHING RULES AND PROCEDURES
FOR THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
ABOLISHING AND REPEALING ALL OTHER ORDINANCES IN
CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. The following shall constitute the Rules of
Procedure for the City Council of the City of Cape Canaveral, Florida:
INDEX TO COUNCIL RULES OF PROCEDURE
GENERAL RULES
1. 01 Robert's Rules to Govern
INITIATION AND NOTICE OF MEETINGS
1. 02 Regular Meetings
1. 03 Special Meetings
1.04 Workshop Meetings
INITIATION AND NOTICE OF MATTERS
BEFORE COUNCIL
1. 05 Preparation of Ordinances and Resolutions
1. 06 Preparation and Notice of Agenda
OFFICERS AND OFFICIALS AT MEETINGS
1.07 Presiding Officer
1. 08 Council Members
1.09 City Clerk
1. 10 City Manager
1. 11 City Attorney
1. 12 Sergeant-at-Arms
CONDUCT OF MEETINGS
1. 13 Call to Order; Quorum; Roll Call
1. 14 Minutes
1. 15 Consideration of Matters Before Council
1. 16 Adoption
1. 17 General Discussion
1. 1.8 Adjournment
GENERAL RULES
•
1. 01 Robert's Rules to Govern
Except as may be provided in the Charter or in these rules,
questions of order, the methods of organization and the conduct of
business of the Council shall be governed by Robert's Rules of
Order (75tk--A-nniversary Edition) in all cases to which they are
applicable. C " '? T Edd7/0 /
INITIATION AND NOTICE OF MEETINGS
•
1. 02 Regular Meetings
The City Council shall hold regular meetings the first and
third Tuesday of each month at 7:30 o'clock in the evening. When
the day fixed for any regular meeting falls upon a day designated
by law as a legal national holiday, such meeting shall be held on
the next succeeding day not a holiday. Regular meetings may be
.16
otherwise postponed , cancelled , only by resolution adopted at a
regular meeting by a majority vote of the Council . All regular
meetings shall be held in the City Hall of the City of Cape
Canaveral , Florida or such other places as designated by a ma-
jority of the Council in open session .
1 . 03 Special Meetings
A special meeting of the City Council may be initiated by
any of the following means :
(a) by an affirmative vote of a majority of the members of
the Council present at each regular meeting ;
(b) by serving the City Clerk notice in writing and signed
by a majority of the members of the Council . The Clerk shall
forthwith give verbal or written notice to each member of 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 initiated in this manner shall allow at least twenty-four
hours to elapse between the call of the meeting and the date and
hour of the meeting .
(c) by verbal notice to the City Clerk by a majority of the
members of the City Council whenever an emergency exists which
requires immediate action by Council . The Clerk shall forthwith
attempt to give notice to each member of the Council stating the
hour of the meeting and the purpose for which such meeting is
called, and no other business shall be enacted at that meeting .
If , after reasonable diligence , it was impossible to give notice
to each councilman, such failure shall not affect the legality
of the meeting .
All special meetings shall be held in the City Hall of the
City of Cape Canaveral , Florida, or such other places as designa-
ted by a majority of the Council in open session, and shall be
open to the public and to the press .
1 . 04 Workshop Meetings
Members of the City Council will normally meet on the Thurs-
day prior to each regular meeting at 7 : 30 o ' clock in the evening
to informally discuss matters relating to city business . These
meetings shall normally be held in the City Hall of the City of
Cape Canaveral , Florida.
INITIATION AND NOTICE OF MATTERS BEFORE COUNCIL
1 . 05 Preparation of Ordinances and Resolutions
(a) An act that is required to be accomplished by ordinance
shall not be accomplished by resolution. A resolution is ordinar 4i6m
of a temporary character , whereas an ordinance prescribes a perman-
ent rule of conduct or government .
(b) All ordinances and resolutions must be initiated by a
member of the Council or the City Attorney.
(c) All ordinances and resolutions shall be reduced to writ-
ing and shall be approved as to form and legality by the City
Attorney prior to consideration by the Council at any regular
meeting .
(d) All ordinances and resolutions prepared shall be filed
with the City Clerk and a permanent reference number assigned prior
to consideration by the Council at any regular meeting . A copy
shall be normally furnished to each Council member at the workshop
meeting , prior to the regular meeting , at which the ordinance or
resolution shall be considered . In the event that the aforementioned
workshop meeting is not held , copies of proposed ordinances and re-
solutions shall be sent to the' residences of all Council members and
to the office of the City Attorney at least 48 hours prior to the
regular meeting .
(e) All ordinances and resolutions shall enjoy public notice
in accordance with Article XXIV, Section 4 , City of Cape Canaveral
Charter , or the Zoning Ordinance , or the statutes of the State of
Florida, as appropriate .
1 . 06 Preparation and Notice of A4enda
(a) There shall be an official agenda of every meeting of the
Council , which shall determine the order of business conducted at
the meeting .
(b) All items to be placed on the agenda must be initiated by
a member of the Council , the City Attorney, City Clerk or City
A
(c) All items to be placed on the agenda must be filed with
the City Clerk prior to or during the Workshop meeting . (See sl . 04
above) In the event that the workshop meeting is not held , any mem-
ber of Council , the City Attorney, City Clerk or City Manager may
place an item on the agenda at least three days prior to the regu-
lar meeting . This agenda will then be sent to the residences of
the members of Council and to the office of the City Attorney as
provided for in Paragraph 1 . 05 , Sub-Paragraph (d) above .
(d) A discussion period limited to one hour shall be included
automatically on the agenda. (See §1 . 17 below)
(e) The agenda for all meetings shall enjoy public notice by
being posted in a conspicuous place in City Hall prior to 1 : 00
o 'clock on the day preceding the meeting .
OFFICERS AND OFFICIALS AT MEETINGS •
1 . 07 Presiding Officer
The presiding officer of the Council is the Mayor . The
Council shall annually elect a Mayor pro tem at the first regular
meeting after the day of the General City Election and he shall
preside over the Council in the absence of the Mayor . The Mayor
shall assume the chair as presiding officer at the next meeting
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 coming before it . A majority vote
of the members present shall govern and conclusively determine all
questions of order if a parliamentary decision by the presiding
officer is challenged .
1 .08 Council Members
Each council member shall be a source of information to the
Council in his area of direct interest. The intent of this rule is
not to prevent any councilman from executing his rights and prerog-
atives of office , but rather to permit an orderly division of in-
terests among the councilmen. The areas of interest are :
(a) Public Works : roads , power and light service , telephone
• service , traffic and parking , recreation , city parks , city beaches
and waterways ;
(b) Building and Zoning : Zoning and Planning Board ; Board of
Adjustment , Building Official , City planning and schools ;
(c) Police and Fire : Police Department, City Courts and
Judges , Fire Department and Fire Inspector;
(d) Finance , Budget and Administration: City Clerk, City
Treasurer , City Hall , bonds , taxes and revenue , elections ,
Chamber of Commerce , City Attorney , City Manager and library;
(e) Sanitation and Public Health: sewage , drainage water
service , Health and Sanitation Inspector , garbage service , animal
control , liquor and beverages and beautification:
poi. At the next regular meeting following the day of the
General City Election, the Council , by majority vote , shall assign
the proceding five categories of interest to its individual members .
1 . 09 City Clerk
The City Clerk or the Deputy Clerk, in his absence , shall act
as clerk of the council . The Clerk shall reproduce the minutes
and all resolutions and ordinances , and for a reasonable charge
shall furnish copies to persons desiring them. The Clerk shall
give proper notice of all agendas, meetings , ordinances and resolutions
1 . 10 City Manager
The City Manager shall be present and prepared to advise the
Council of matters within his responsibility at all Council meetings ,
unless excused by Council .
1 .11 City Attorney
The City Attorney or the Assistant City Attorney in his ab-
sence , shall be available to the Council at all meetings , unless
excused by Council . He shall draw ordinances and resolutions for
any member of the Council when and as directed. He shall act as
parliamentarian at all meetings and advise and assist the presiding
officer in matters of parliamentary law.
1 .12 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 meeting . The Sergeant-at-Arms shall carry out all
orders and instructions given by the presiding officer for the pur-
pose of maintaining order and decorum at the meeting.
CONDUCT OF MEETINGS
1 . 13 Call to Order ; Quorum; Roll Call
(a) The presiding officer 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 Mayor pro tem, any
Council member may call the meeting to order at the appointed hour.
(b) Before proceeding with the business of the Council , the
Clerk or his designee shall call the roll of the members in alpha-
betical order, and the names of those present shall be entered in
the minutes .
(c) If a quorum is not present at the roll call , no further
business shall be transacted and a recess shall be automatic for a
period of thirty minutes or until a quorum is in attendance , which-
evershall first occur . If a quorum is not in attendance at the end
of the thirty minute recess , the meeting shall be automatically
adjourned.
(d) In the absence of the Mayor and the Mayor pro tem and a
quorum is present, the first order of business shall be the elect-
ion of a temporary presiding officer. Upon arrival of the Mayor
or Mayor pro tem, the temporary presiding officer shall relinquish
the chair upon the conclusion of the business immediately before
the Council .
1 . 14 Minutes
Unless reading of the minutes of a meeting is requested by a
member of the Council , at a regular meeting , such minutes when
signed by the Mayor and the Clerk shall be considered approved
without reading ; provided that the Clerk will deliver a copy there-
of to each member of the Council and to the City Attorney at the
workshop preceding the regular meeting . In the event the workshop
is not held , the minutes shall be delivered to each member of the
Council and to the City Attorney at least 48 hours preceding the
regular meeting as provided for in Paragraph 1 .05 , sub-paragraph
(d) above . The minutes of a meeting may be approved or corrected
by a majority of the members present and upon such approval shall
become the official minutes .
• 1 .15 Consideration of Matters Before Council
(a) The Council shall not take action upon any matter which
is not listed upon the official agenda, unless a majority of the ....m
council members present have first consented to the presentation
thereof for consideration and action.
(b) Al]. items of business shall be considered in accordance
with the agenda and announced by the presiding officer. Any motion
sh—aT1 then be appropriate .
(c) When a motion is presented and seconded , it is under con-
sideration and no other motion shall be received_ythereafter , except
to adjourn to recess , to lay on the table , to postpone , or to amend
unties 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 mem-
bers present .
(d) The presiding officer 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 .
(e) Every Council member desiring to speak •for any purpose
shall confine himself to the question under debate , avoiding all
personalities and indecorous language . A member once recognized
shall not be interrupted when speaking unless it be to call him to
order or as herein otherwise provided .
(f) Any citizen present at the meeting orally may petition the
presiding officer to address the Council . Permission shall be grant-
ed only after a showing that the subject matter is relevant to the
bus mess under consideration and is significantly informative to
the Council.
F •
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(g) Each person addressing the Council shall stand, shall
give his name and address in an audible tone for the minutes , and
unless further time is granted by the Council , shall limit his
address to five minutes . No person other than councilmen and the
person having the floor, shall be permitted to enter into any dis-
cussion either directly or through a member of the Council , with-
out the permission of the Presiding Officer . No question shall be
asked a Councilman except through the Presiding Officer.
(h) 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 .
(i) The Councilman moving the adoption of an ordinance or
resolution shall have the privilege of closing debate .
1 . 16 Adoption
Upon cessation of discussion or if called, the motion shall be
restated by the Presiding Officer and a hand vote shall be taken
and the presiding officer shall orally declare the vote of each
Council member . The Clerk shall record the vote of each Council
member . •No member shall abstain except for those reasons enumer-
ated in Sections 112 .313 and 112 .314 , Florida Statutes .
1 . 17 General Discussion
Every regular meeting of the Council shall include a period
of time limited to one hour for the purpose of a question and an-
swer session during which any person from the audience may direct
questions concerning city business or affairs to any member of the
Council or officer or officials of the City. The limitations set
forth in gl . 15 (g) and (h) shall apply.
1 . 18 Adjournment
A motion to adjourn shall always be in order and decided with-
out debate .
SECTION 2 . Ordinance No . 8-72 of the City of Cape Can-
averal , as amended , is hereby abolished and repealed and all other
City ordinances , resolutions and general laws or any part thereof
in conflict with the provisions of this ordinance are hereby abol-
ished and repealed .
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral ,
Florida , this 3rd day of April , 73 .
11(
Mayor
Attest :
First Reading : MARCH 6 , 1973
/( ) Second Reading : April 3 , 1973
• � � %�- �-r ==�-' Posted : March 9 , 1973
•
Approved as to form:
City Attorney
ORDINANCE NO. 8-72 CAS AMENDED)
AN ORDINANCE ESTABLISHING RULES AND PROCEDURES
FOR THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
ABOLISHING AND REPEALING ALL OTHER ORDINANCES IN
CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. The following shall constitute the Rules of
Procedure for the City Council of the City of Cape Canaveral, Florida:
1. 01 Governing rules Except as may be provided in the charter,
questions of order, the methods of organization and the conduct of
business of the Council shall be governed by Roberts Rules of Order
(75th Anniversary Edition) in all cases to which they are applicable,
and which are consistent with these rules.
1. 02 Regular Meetings The City Council shall hold regular meetings
the first and third Tuesday of each month at 7:30 p. m. 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, cancelled, only by resolution adopted at 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, or such other places as designated by a majority
of the City Council in open session, and shall be open to the public and
to the press.
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 shall be called by such
majority, a notice in writing signed by such majority, shall be served
upon the City Clerk. The Clerk shall forthwith serve either a verbal
or written notice upon each member of 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.
If, after reasonable diligence, it was impossible to give notice to each
councilman, such failure shall not affect 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
notice. All special meetings shall be open to the public and shall be
held and conducted in the City Hall within the City of Cape Canaveral,
Florida, or such other places as designated by a majority of the City
Council in open session.
•
1. 04 Agenda There shall be an official agenda of every meeting
of 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 tt `ial•IIG@4 a-i'ri_ PRESENT
have first consented to the presentation thereof for consideration
and action. The agenda shall be prepared by the Clerk in appropri-
ate form approved by the Council. Matters may be placed on the
agenda by the City Attorney, City Manager, any member of the
Council, or any person through a sponsoring Councilman. All
items of business to be placed on the a enda of a re u] meeting
shall be submitted to the City Clerk 4Ad eTYUI4w eg the
workshop session of the Council which shall take place on the
Thursday evening immediately preceding the next regular meeting
date. The official agenda for every regular meeting of the Council
shall include a period of time limited to one (1) hour for the purpose
of a question and answer session during which any person from the
audience may direct questions concerning City business or affairs
to any member of the Council or officer or officials of the City.
Such question and answer period shall be regularly agendated by the
City Clerk at the conclusion of the Council's order of business. The
regular meeting agenda shall be made known to the public on, or
before , one (1) o'clock on the Monday afternoon immediately preced-
ing the regular meeting date at which time the agenda will become
the order of the day.
1. 05 Presiding officer, election, duties The presiding officer of
the Council is the Mayor. The Council shall annually elect a Mayor
Pro-tem at the first regular meeting after a general city election
and he shall preside over the Council in the absence of the Mayor.
The Mayor shall assume the chair as presiding officer at the next
meeting 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 coming before it. A majority
vote of the members present shall govern and conclusively determine
all questions of order not otherwise covered. 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.
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.
1. 07 Attorney The City Attorney or such member of his office as
he may designate with the approval of the Council shall be available
to the Council at all meetings. He shall draw ordinances and
resolutions for any member of the Council when and as directed.
1. 08 Call to Order The Mayor shall take the chair at the hour
appointed for the meeting, and shall immediately call the Countil to
order. In the absence of the Mayor, and the Mayor Pro-tem, the
Clerk shall then determine whether a quorum is present and in that
event shall call for the election of a temporary presiding officer.
Upon arrival of the Mayor, or the Mayor Pro-tem, the temporary
presiding officer shall relinquish the chair upon the conclusion of
the business immediately before the Council.
•
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.
1. 10 Quorum A majority of the whole number of members of the
Council shall constitute a quorum. No ordinance, resolution, or
motion shall be adopted by the Council without the affirmative vote
of the majority of all the members present.
Should no quorum attend within thirty (30) minutes after the hour
appointed for the meeting of the Council, the Mayor, or the Mayor
Pro-tern, or in their absence, the Clerk or his designee,may
adjourn the meeting until the next day, unless by unanimous agree-
ment, those members present select 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.
1. 11 Rules of debate
(a) QUESTIONS 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 postpone, 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.
(b) AS TO THE MAYOR: The Mayor or such 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, IMPROPER REFERENCES TO BE
AVOIDED: Every member desiring to speak for any purpose
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 speaking unless 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
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, "Shall the 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 the Clerk
a written explanation of his vote. A member of the Council
may abstain from voting on any matter.
1. 12 Reading minutes Unless a reading of the minutes of a meeting
is requested by a majority of the Council, such minutes, when signed
by the Mayor and the Clerk shall be considered approved without
reading; 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.
1. 13 Votes by roll call The vote upon every motion, resolution or
ordinance shall be taken by hand vote and the vote shall be entered
upon the minutes. Resolutions and ordinances shall be signed by the
presiding officer at such meetings and by the Clerk before they are
entered upon the minutes.
1. 14 Addressing Council Subject to the provisions of Rule 1. 20
any person may petition the presiding officer orally for leave to
address the Council on any matter over which the Council has
control, w hich 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.
1. 15 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 time is granted by the Council, shall limit his address to
ten minutes. All remarks shall be addressed to the Council as a
body and not to any member thereof. No person, other than
councilmen 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 officer. No
question shall be asked a councilman except through the presiding
officer.
1. 16 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.
1. 17 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.
1. 18 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 permis-
sion of the Council.
•
1. 19 Council Member's areas of Direct Interest Each council
member shall be a source of information to the Council in his
area of direct interest. The intent of this rule is not to prevent
any councilman from executing his rights and prerogatives of
office but rather is to permit an orderly division of interests
between the councilmen. The five (5) areas of interest are:
(1) Public Works: roads, power and light service, telephone
service, traffic and parking, recreation, city parks, city
beaches and waterways; (2) Building and Zoning: Zoning and
Planning Board, Board of Adjustment, Building Official, City
planning and schools; (3) Police and Fire: Police Department,
City Courts and Judges, Fire Department and Fire Inspector;
(4) Finance, budget and administration: City Clerk, City
Treasurer, City Hall, bonds, taxes and revenue, elections,
Chamber of Commerce, City Attorney, City Manager and library.
(5) Sanitation and Public Health: sewage, drainage, water
service, Health and Sanitation Inspector, garbage service, animal
control, liquor and beverages and beautification.
At the next regular meeting following the General City Election,
the Council by majority vote shall assign the preceding five
categories of interest to its individual members.
1. 20 Ordinances, resolutions, motions, contracts
(a) PREPARATION OF ORDINANCES: The City Attorney,
when requested, shall prepare ordinances and resolutions which
shall be delivered to the City Clerk. A copy of the same shall be
forthwith furnished to each member of the Council. Ordinances
shall be introduced and adopted by title and shall be read by title
only by the presiding officer or his designee before consideration
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 approved 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 signature on the document
certifying to the factual contents and shall appeal his recommendations.
(c) INTRODUCING FOR PASSAGE OR APPROVAL: Ordinances,
resolutions and other matters and subjects requiring 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 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: An act that is required to be accomplished by
ordinance shall not be accomplished by resolution. A resolution
is ordinarily of a temporary character, whereas an ordinance
prescribes a permanent rule of conduct or government.
1. 21 Adjournment A motion to adjourn shall always be in order
and decided without debate.
1. 22 Clerk, minutes, agenda The 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 reasonable charge shall furnish copies to persons desiring
them.
SECTION 2. Ordinance No. 19-63 of the City of Cape Canaveral,
as amended, is hereby abolished and repealed and all other City ordinances,
resolutions and general laws or any part thereof in conflict with the
provisions of this ordinance are hereby abolished and repealed.
SECTION 3. 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, 1972.
get 11, 111LAIA%
ayor
ATTEST:
City Clerk
oved as to form: First reading: June 20, 1972
• Posted: June 21, 1972
4).°.
City Attorney Second reading: JULY 5, 1972
••:: AMENDED ON SECOND READING
•
71PT
i
ORDINANCE NO. 19-63-B
AN ORDINANCE AMENDING ORDINANCE NO. 19-63
AS AMENDED BY ORDINANCE NO. 19-63-A,
RELATING TO THE RULES OF PROCEDURES OF
THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, IN REGARD TO PRO-
VIDING A QUESTION AND ANSWER PERIOD
AS AN ORDER OF BUSINESS AT ALL REGULAR
MEETINGS OF THE CITY COUNCIL; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 19-63 as amended, provides in
part, the Rules of Procedure for Regular Meetings of the
City Council and
WHEREAS, such Ordinance does not provide as an Order
of Business any provision for a question and answer period
between representatives of the City and interested citizens,
and
WHEREAS, it is in the best interest of the welfare of
the City to have a free interchange of information and
ideas between representatives of the City and interested
citizens and residents of the City and
WHEREAS, it is the desire of the City Council to make
public all official business of the City and to encourage
t
an open exchange of information and discussion of City
business so as to avoid half-truths, false information,
misunderstanding or ignorance, Now Therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Rule 1. 04 of Section 1 of Ordinance No. - 1
19-63 as amended, is hereby amended to read as follows :
"Rule 1. 04 Agenda.
1 There shall be an official Agenda of every meeting
of 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
thereof 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
� f
u
Attorney, City Manager, any member of the City Council, or
any person through a sponsoring Councilman. "All items of
business to be placed on the agenda of a regular meeting
shall be submitted to the City Clerk immediately following
the workshop session of the Council which shall take place
on the Thursday evening immediately preceeding the next
regular meeting date. " The official agenda for every
regular meeting of the Council shall include a period of
time limited to one (1) hour for the purpose of a question
and answer session during which any person from the audience
may direct questions concerning City business or affairs to
any member of the Council or officer or officials of the City.
Such question and answer period shall be regularly agendaed
by the City Clerk at the Conclusion of the Council ' s Order
of business. The regular meeting agenda shall be made known
to the public on, or before, one o' clock on the Monday after-
noon immediately preceding the regular meeting date at which
time the agenda will become the order of the day. "
SECTION 2. Rule 1 .11 of Section 1 of Ordinance No. 19-63
as amended is hereby amended to read as follows :
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 City Manager, the Mayor
and the Clerk shall take their regular stations in the
Council Chamber, and 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 including a question and answer period
immediately prior to adjournment. Other items of business
concerning the welfare or business of the City may be added
to the Order of Business or agenda of the Council by the
unanimous consent of the Council members present at the meeting. "
SECTION 3. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida on this the 20th day of December, 1966.
);' /i / Mayor
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 19-63
SLATING TO THE RULES OF PROCEDURE OF THE
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
IN REGARD TO GOVERNING RULES, AGENDA AND
EXECUTIVE SESSION; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA AS FOLLOWS:
SECTION 1. Rule 1.01 of Ordinance No. 19-63 known
as the Rules of Procedure of the City Council of the City of Cape
Canaveral, is hereby amended by striking the words "Mason's Manual of
Legislative Procedure (1953 Edition) and substituting in lieu thereof
the following words "Roberts Rules of Order (75th Anniversary Edition).
SECTION 2. Rule 1.04 of Ordinance No. 19-63 is
hereby amended by striking from the said rule the following sentence:
"All items of business to be placed on the agenda of a regular meeting
shall be submitted to the City Clerk prior to 11:00 (eleven o'clock)
on the Monday morning immediately preceding the next regular meeting
date", and substituting in lieu thereof the following: "All items of
business to be placed on the agenda of a regular meeting shall be submitted
to the City Clerk immediately following the workshop session of the
Council which shall take place on the Thursday evening immediately
preceding the next regular meeting date."
SECTION 3. Ordinance No. 19-63 is hereby amended by
the addition of a new rule designated as Rule No. 1.26, Executive Session
to be insetted immediately following rule 1.25 to read as follows:
"Rule 1.26 Executive Session.
The City Council at any meeting or session may upon 7
• I
motion, properly seconded and carried favorably by a majority of the r. ,)
Council Members present, call itself into Executive Session and exclude
from its presence all persons whomsoever, except duly constituted officers
of the City.
SECTION 4. All ordinances in conflict herewith are
hereby repealed.
SECTION 3. This Ordinance shall become effective
immediately upon its adoption and approval by the City Council of the City
of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, on the 2nd day of February, 1965. cs2:v.,2.4...,,z.c4stA....:_.
Attes
' �� Mayor
ORDINANCE NUMBER 19-63
AN ORDINANCE SETTING FOATH AND PRESCRIBING
THE RULES OF PROCEDURE OF THE CITY COUNCIL
FOR THE CITY OF CAPE CANAVERAL, FLORIDA,
AND SPECIFICALLY RELATING TO: GOVERNING
RULES; REGULAR M ETINGS; SPECIAL ME ,TINGS;
AGENDA; PRESIDING OFFICER, ELECTION, DUTIES;
PARLIAMENTARIAN; ATTORNEY; CALL TO ORDER;
ROLL CALL; QUORUM; ORDER OF BUSINESS; RUIF'S
OF DEBATE; READING MINUTES; VOTES BY ROLL
CALL; ADDRESSING COUNCIL; ADDRESSING COUNCIL
MANNER, TIME; DECORUM; SERGEANT-AT-ARMS:
PhHa NS AUTHORIZED AT COUNCIL TABTE; SPECIAL
COMMITTEES; STANDING COMMITTEES; COUNCIL
MEMBER'S AREAS OF DIRECT RESPONSIBILITY;
ORDINANCES, RESOLUTIONS, MOTIONS, CONTRACTS;
ADJOURNENENT; 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 therefore.
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
ko
of order, the methods of organization and the conduct of _,p
business of the council shall be governed by Mason's Manual
• of Legislative Procedure (1953 Edition) in all cases to 7
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 liw 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
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 shall be 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 either verbal or written notice upon each member of
the council, stating the d ,te Lnd 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 shill 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. If, 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 notice. All special meetings shall be open to
the public and shall be held and conducted in the City Hall
- 2 -
within the City of Cape Canaveral, Florida. Minutes thereof
shall be kept by the city clerk.
All Meetings of the Council not being in the nature
of Regualr Session or Special Meetings shall be open to the
press.
Rule 1.04 Agenda.
There shall be an of fici ..1 agenda for every meeting of
the council, which shall determine the order of business ��
conducted at the meeting. The Council shall not take action ,y,^
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 presentaion thereof
for'consideration and action. The agenda shall be prepared
by-tho•clerk in appropriate form approved by the council.
Matters may be placed on the agenda by the city attorney, C,Tj hIrc
any member of the city council, or any person through a
sponsoring councilman. All items of business to be placed
on the agenda of a regular meeting shall be submitted to the
city clerk +„ i� nn fo, �,, V V1V ' • s,
D 15tN -5
mornirjg_immedi ately_preceding the next regular meeting date. 0 ,c-6
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 an all
matters coming before it. A majority vote of the members
present shall govern and conslusively determine all questions
- 3 -
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 charters 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 resolutidhs shall be signed by the
presiding officer.
Rule 1.06 Parliamentarian.
The city attorney or his designee ih his absence,
shall act as parliamentarian, and shall advise and assist
the presiding officer in matters of parliamentary law.
Rule 1.07 Attorneys
The city attorney or such member of his office as he
may designate shall be available to the council at all
meetings. He shall draw ordinances and resolutions for
any member of the council when and as directed.
Pule 1.0B 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 mayor pro-tem,
the clerk shall then determine whether a quorum is present
and in that event shall call for the election 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 -
or motion shall be 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 select
another hour or d .y. The names of the members present and
their action at such meeting be recorded in the minutes
by the clerk.
Rule 1.11 Order of business.
All meetings of the council shall be open to the
publics Promptly at the hour set for each meeting, the
lmcla,
~.embers of the council, the city attorney, the mayor and
the clerk shall take their regular stations in the council
chamber, and 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 ctierwise 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
r
shall be received thereafter, except to adjourn, to lay on
the table, to postpone, or to amend until the question is
1-^4a_ d. 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.
(b) AS TO THE MAYOR: The mayor or such 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
- 5 -
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, IMPROPER 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 person-
alities and indecorous language.
(d) INTERRUPTION: A member once recognized, shall not be
interrupted when speaking unless 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, "Shall the 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 deb:Lte.
(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 sbatement to explain
his vote. A member shall have the privilege of filing with
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 without reading; 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.
- 6 -
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. Resolutions and 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 any matter 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, that notice 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
time is granted by the council, sh 1l limit his address to
ton minutes. All remarks shall be addressed to the council
as a body and not to any member thereof. No person, other
than councilmen 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 officer. No question shall be asked a council-
man except through the presiding officer.
•
_ 7 ..
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 distrub 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; e: cept, that the presiding officer may
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
- 8 -
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 be considered and acted
upon by the city council.
Rule 1.22 Council member's 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
prerogatives 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) Mice, Fire and Recreation: Police De-
partment, 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 Sanitaion
Inspector, Garbage Service, Animal Control and Liquor and
Beverages. At the first regular meeting following the
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 shell be delivered to the
mayor. A copy of the same shall be forthwith
furnished to each member of the council.
- 9 -
Ordinances may be introduced and adopted by
title and shall be read by title only by the
clerk or his designee before consideration by
the council on first reading. Copies of all
propesed ordinances shall be furnished to each
councilman and shall be made available to all
interested persons.
(b) APPROVAL OVAL OF ORDINANCE3 BY CITY ATTORNEY: All
ordinances, resolutions and contract documents,
before presentationto the council, shall have
been reduced t writing and shall have been ap-
poved 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 PA33,:GE OR AP-ROVAL: Ordinances,
resolutions and other matters and subjects re-
quiring acti-n 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
council for consideration, and any councilman
may assume sponsorshio thereof b;•- moving that
such ordinance, resolution, matter or subject
be adopted in accordance with law; otherwise they
shall not be considered. When a co ncilman assumes
sponsorship of an ordinance or Resolution, he
may countersign the same if he desires.
(d) ldiEN ACTION TO BE TAKEN BY R;3OLUTION OR ORDINANCE:
All actions of the council shall be taken by
resolution, except that any action of the council
way —10—
„�
which provides for raising revenue, appropriating
funds or incurring indebtedness, or which provided
a penalty or establishes a rule or regulation for
the violation of which a penalty is imposed, shall
be by ordinance, and except that approval of purely
administrative matters may be accomplished by
motion duly adopted and recorded in the minutes of
the meeting.
Rule 1.24 Adjournment.
A motion to adjourn shall always be in order and decided
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
reasonable charge shall furnish copies to persons desiring
them. The clerk shall make available + 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 This ordinance shall take effect immediately upon
its adoption
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, on this € 17 th. day of March, 1964.
/s/ Richard R. Thum
Mayor
Attest:
/s/ Donna J. Anderson
City Clerk
-11-
air
ORDINANCE NUMBER 19-63
AN ORDINANCE SETTING FORTH AND'PRESCRIBING
THE RJLi.S OF PROCEDURE OF THE CITY COUNCIL
FOR THE CITY OF CAPE CANAVERAL, FLORIDA,
AND SPECIFICALLY RELATING TO: GOVE;NING
RULES; REGULAR ME-;TINGS; SPECIAL ME TINGS;
AGENDA; PRESIDING OFFICER, ELECTION, DUTIES;
PARLIAM ITARIAN; ATTORNEY; CALL TO ORDER;
ROLL CALL; QUORUM; ORDER OF BUSINESS; RULES
OF DEBATE; READING MINUTES; VOTES BY ROLL
CALL; AD)RESSING COUNCIL; ADDRESSING COUNCIL
MANNER, TIJIE; DECORUM; SERGEANT-AT-ARMS:
PE w"^NS AUTHORIZED AT COUNCIL TABLE; SPECIAL
COMMITTEES; STANDING COMMITTEES; COUNCIL
MEMBER'S AREAS OF DIRECT RESPONSIBILITY;
ORDINANCES, RESOLUTIONS, MOTIONS, 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 therefore.
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 cavern 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
iCU
of order, the methods of organization and the conduct of 4lz
business of the council shall be governed by Mason's Manual lk�
of Legislative Procedure (1953 Edition) in all cases to i d
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 ltw 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 b;r resolution adopted at
a regular meeting by 1 majority of the entire membership
of the council. All regular meetings shall be held in the
City Hall of the City of Cape C naverai, 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 he 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 shall be c: led by a majority of the: members of the
council, 1 notice in writing signed by such majority, shall
be serves upon the city clerk. The clerk shall forthwith
serve either verbal or written notice upon each member of
the council, stating the d to .nd hour of thr: 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 shll allow .-At lsast 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. If, 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 notice. All special meetings shall be open to
the public and shall be held and conducted in the City Hall
- 2 -
within the City of Cape Canaveral, Florida. Minutes thereof
shall be kept by the city clerk.
All Meetings of the Council not being in the nature
of Regualr Session or Special Meetings shall be open to the
press.
Rule 1.04 Agenda.
There shall be an officil agenda for every meeting of .
the council, which shall determine the order of business ✓' t,„.1
conducted at the meeting. The Council shall not take action 441 `
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 present _ion thereof
for'consideration and action. The agenda shall be prepared
• by-tho clerk in appropriate form approved by the council.
Matters may be placed on the agenda by the city attorney, C,Ty
any member of the city council, or any person through a
sponsoring councilman. All items of business to be placed
on the agenda of a regular meeting shall be submitted to the
city clerk prior to 11:00-(eleven o&c1dC on the-Monday
6 ti
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 r
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 st .te every question coming before the
council and announce the decision of the council an all
matters coming before it. A majority vote of the members
present shall govern and conslusively determine all questions
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
may designate shall be aVtailable to the council at all
meetings. He shall draw ordinances and resolutions for
any member of the council when and as directed.
Rile 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 mayor pro-tem,
the clerk shall then determine whether a quorum is present
and in that event shall call for the election of a temporary
presiding officer. Upon the arriv1 of the mayor, or the
mayor pro-tem, the temporary presiding officer shell 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 orde: , 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 -
or motion shall be 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
ehe hour appointed for the meeting of the council, the
m yor, 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 select
another hour or dey. The names of the members present and
their action at such meeting be recorded in the minutes
by the clerk.
isle 1.11 Order of business.
All meetings of the council shall be open to the
p:blic, Promptly at the hour set for each meting, the
lmtiz-
,embers of the council, the city attorney, the mayor and
the clerk shill take their regular stations in the council
chamber, and 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 ctierwise determined by unanimous
consent of the council.
Rule 1.12 Rules of debate.
.(a) QUESTION UNDER CONSIDERATION: Whon 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 postpone, or to amend until the question is
d > These motions shall have preference in the order
in which they are mentioned and the first two shall be
decided without debate. Final actin upon a pending motion
may be deferred until the next regular meeting by a majority
of the members present.
(b) AS TO THE MAYOR: The mayor or such 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
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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, IMPROPER 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 person-
alities and indecorous language.
(d) INTERRUPTION: A member once recognized, shall net be
interrupted when speaking unless 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, "Shall the 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
o privilege f closing the deb lte.
(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 se.atement to explain
his vote. A member shall have the privilege of filing with
the clerk a written explanation of his vote. A member of
the council may abstain from voting on any matter.
Rules 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 without reading; 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.
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The minutes of prior meetings may be approved by a majority
of the members present, and upon such apaaroval 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. R. solutions -nd ordinances shall
be signed by the presiding officer at such meetings and by
the clerk before they arc entered u,aon 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 any matter 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 ad-i.ress deserves the time and attention of the
council; provided, however, that notice is given to the clerk
by twelve o'clock noon on Friday in advance of the next regu-
lar council meeting, in ordef 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, -nd unless further
time is granted by the council, shall limit his Ldc?ress to
ten minutes. All remarks shall ba addressed t o the council
as a body and not to any member thereof. No person, other
than councilmen 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 officer. No question shall be asked a council-
man except through the presiding officer.
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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 distrub 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
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
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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 be considered and acted
upon by the city council.
Rule 1.22 Council member's areas of direct responsibility.
Each council member shall be responsible for certain
aspects of city government and it will be each merber's
responsibility to be a source of infornation to the council
in his area of jurisdiction. The intent of this rule is
not to prevent any councilman from executing his rights and
prerogatives 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) Nalco, Fire and Recreation: Police De-
partment, 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 Sanit:ion
Inspector, Garbage Service, Animal Control and Liquor and
Beverages. At the first regular meeting folloiing the
general city election, the council by majority vote shall
assign the preceding five cateories of are is of responsi-
bility to its individual members.
Rule 1.23 Ordinances, resolutions, motions, contracts.
(a) PREPIPJ TION OF ORDINANCES: The city attorney,
when requested, shall prepare ordinances and
resolutions which sh 11 be delivered to the
mayor. A copy of the same shall be forthwith
furnished to each member of the council.
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Ordinances may be introduced and adopted by
title and shall be rea by title only by the
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clerk or his designee before consideration by
the council on first reading. Copies of all
propesed ordinances shall be furnished to each
councilman and shall be made available to all
interested pe:'sons.
(b) AP? O1.kL OF ORDINu C:i B' CITY A 'vet :Y: All
ordinances, resolutions ;n, cortr?.ct documents,
before presentationto the council, shill have
been reduced tQ_writing and shall have been ap-
poved as to form and legality by the city attorney.
Prior to prsentstion all such documents nay be
referred to the head of the department under
whose jurisdiction the admini:.tration of the
subject matte of the ordinance, resolution or
contract document would devolve. When so referred,
the head of the department shall tf. ix his sig-
nature on the document certifyini, to the factual
contents and shall append his recon endations.
(c) BJTRODUCB G FOR PAT-; .GE OR ?,P ROVr L: Ordinances,
resolutions and other matte;s and subjects re-
quiring acti n by the council, must be introduced
and sponsored by a member of the council, except
that the city attorney may present ordinances,
resolutions and otheo matters or subjects to the
council for consideration, and any councilman
may assume sponsorshi , the eof b-- moving that
such ordinance, resolution, matter or subject
be adopted in accordance with law; otherwise they
shall not be considered. When a co ncilman a,-sulnes
sponsorship of an ordinance or resolution, he
may countersign. the same if he desires.
(d) UH h ACTION TO B: :.,i: BY Rj�"OLUTIOFJ OR ORDINANCE:
All actions of the council shall be taken by
resolution, except that any action of the council
.� L, -10-
which provides for raising revenue, appropriating
funds or incurring indebtedness, or which provided
a penalty or establishes a rule or regulation for
the violation of which a penalty is imposed, shall
be by ordinance, and except that approval of purely
administrative matters may be accomplished by
motion duly adopted and recorded in the minutes of
the meeting.
Rule 1.24 Adjournment.
A motion to adjourn shall always be in order and decided
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
reasonable charge shall furnish copies to pe:'sons desiring
them. The clerk shall make available 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.
SEC'l4DN III This ordinance shall take effect immediately upon
its adoption
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, on this F 17 , th. day of March, 1964.
/s/ Richard R. Mum
Mayor
Attest:
/s/ Donna J. Anderson
City Clerk
•
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•YAG:. ,..�....csws.;sti,...,_y,M.^w: 4 *fr.. '<4<w...i.. '� ........_..-..—....' `e.T' _.
ORDINANCE NO. /Q- L 3--A
F
AN ORDINANCE AMENDING ORDINANCE NO. 19-63
HALATIHG TO THE RULES OF PROCEDURE OF THE
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
IN REGARD TO GOVERNING RULES, AGENDA AND
EXECUTIVE SESSION; PROVIDING AN EJ'FECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA AS FOLLOWS:
SECTION 1. Rule 1.01 of Ordinance No. 19-63 known
as the Rules of Procedure of the City Council of the City of Cape
Canaveral, is hereby amended by striking the words "Mason's Manual of
Legislative Procedure (1953 Edition) and substituting in lieu thereof
the following words "Roberts Rules of Order (75th Anniversary Edition).
SECTION 2. Rule 1.04 of Ordinance No. 19-63 is
hereby amended by striking from the said rule the following sentence:
"All items of business to be placed on the agenda of a regular meeting
shall be submitted to the City Clerk prior to 11:00 (eleven o'clock)
on the Monday morning immediately preceding the next regular meeting
date", and substituting in lieu thereof the following: "All items of
business to be placed on the agenda of a regular meeting shall be submitted
to the City Clerk immediately following the workshop session of the
Council which shall take place on the Thursday evening immediately
preceding the next regular meeting date. "
SECTION 3. Ordinance No. 19-63 is .hereby amended by
the addition of a new rule designated as Rule No. 1.26, Executive Session
to be insetted immediately following rule 1.25 to read as follows:
"Rule 1.26 Executive Session.
The City Council at any meeting or session may upon j
motion, properly seconded and carried favorably by a majority of the l
Council Members present, call itself into Executive Session and exclude
from its presence all persons whomsoever, except duly constituted officers
of the City.
SECTION 4. All ordinances in conflict herewith are
hereby repealed.
SECTION 3. This Ordinance shall become effective
immediately upon its ado! tion and approval by the City Council of the City
of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, on the 2nd day of February, 1965. c
Attisti_,/ (",r-'\ i//--) d
•
ORDINANCE NO. 19-63-B
AN ORDINANCE AMENDING ORDINANCE NO. 19-63
AS AMENDED BY ORDINANCE NO. 19-63-A,
RELATING TO THE RULES OF PROCEDURES OF
THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, IN REGARD TO PRO-
VIDING A QUESTION AND ANSWER PERIOD
AS AN ORDER OF BUSINESS AT ALL REGULAR
MEETINGS OF THE CITY COUNCIL; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 19-63 as amended, provides in
part, the Rules of Procedure for Regular Meetings of the
City Council and
WHEREAS, such Ordinance does not provide as an Order
of Business any provision for a question and answer period
between representatives of the City and interested citizens,
and
WHEREAS, it is in the best interest of the welfare of
the City to have a free interchange of information and
ideas between representatives of the City and interested
citizens and residents of the City and
WHEREAS, it is the desire of the City Council to make
public all official business of the City and to encourage
an open exchange of information and discussion of City
business so as to avoid half-truths, false information,
misunderstanding or ignorance, Now Therefore :
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Rule 1 . 04 of Section 1 of Ordinance No.
19-63 as amended, is hereby amended to read as follows :
"Rule 1 . 04 Agenda.
There shall be an official Agenda of every meeting
of 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
thereof for consideration and action. The agenda shall be
prepared by the Clerk in appropriate crm approved by the
Council . Matters may be placed on the agenda by the City
•
Attorney, City Manager, any member of the City Council, or
any person through a sponsoring Councilman. "All items of
business to be placed on the agenda of a regular meeting
shall be submitted to the City Clerk immediately following
the workshop session of the Council which shall take place
on the Thursday evening immediately preceeding the next
regular meeting date. " The official agenda for every
regular meeting of the Council shall include a period of
time limited to one (1) hour for the purpose of a question
and answer session during which any person from the audience
may direct questions concerning City business or affairs to
any member of the Council or officer or officials of the City.
Such question and answer period shall be regularly agendaed
by the City Clerk at the Conclusion of the Council ' s Order
of business. The regular meeting agenda shall be made known
to the public on, or before, one o' clock on the Monday after-
noon immediately preceding the regular meeting date at which
time the agenda will become the order of the day. "
SECTION 2. Rule 1 . 11 of Section 1 of Ordinance No. 19-63
as amended is hereby amended to read as follows :
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 City Manager, the Mayor
and the Clerk shall take their regular stations in the
Council Chamber, and 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 including a question and answer period
immediately prior to adjournment . Other items of business
concerning the welfare or business of the City may be added
to the Order of Business or agenda of the Council by tie
unanimous consent of the Council members present at the meeting. "
SECTION 3. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by
•
the City Council of the City of Cape Canaveral,
Florida on this the 20th day of December, 1966.