HomeMy WebLinkAboutCode Master Project 1978: Chapter 231: General Organization[illegible] be codified
Codified Jan 90
History File
ORDINANCE NO. 11-89
AN ORDINANCE AMENDING SECTION 231 .01 ,
THE COUNCIL, OF THE CODE OF ORDIN-
ANCES OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; PROVIDING
FOR AN AT LARGE ELECTION OF A VACANCY
IN AN ELECTED OFFICE ; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HERE-
WITH ; PROVIDING AN EFFECTIVE DATE .
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Section 231 . 01 The Council , of the Code of Ordi-
nances is hereby amended to read as follows:
Sec. 231 . 01 The Council . All powers and duties of the
City of Cape Canaveral specified in House Bill No.
167, Laws of Florida, Regular Session 1963, as amend-
ed, and of municipal corporations in the General Laws
of the State of Florida are vested in the Council .
The Council is composed of five ( 5) members who are
elected at large by the registered electors of the
City. Two ( 2) members are elected each year to three
( 3) year terms except on every third year only one ( 1 )
member, who is also the Mayor, is elected to a three
( 3) year term. Further, should any general election
include the election of a council person due to a va-
cancy in that office pursuant to Article 3, Section 4
of the Cape Canaveral Charter , then in that event the
unexpired term shall be filled by the candidate receiv-
ing the third greatest number of votes (or the second
greatest number of votes in third year elections in-
volving only the Mayor ) . Should more than one ( 1 )
vacancy be filled at the election, then those receiv-
ing the greatest number of votes shall be declared
elected for the longest terms. [Ord. No. 33-73, §1, 18 Sep 73;
Ord. No. 2-84, §1, 21 Feb 84; Ord. No. 11-89, §1, 14 Sep 89]
SECTION 2. All portions of the Code in conflict herewith
are hereby repealed.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 14th day of September , 1989 .
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
HOOG YES
KIDD ABSENT
[marked out]
RANDELS YES
SALAMONE YES
Thurm YES
First Reading: 9-5-89
Posted: 9-6-89
Advertised: 8-31-89
Second Reading: 9-14-89
§ 231 . 01 GENERAL ORGANIZATION § 231 . 11
CHAPTER 231
GENERAL ORGANIZATION
113 Copy from Ord no 11-89
Sec. 231 . 03 The Mayor. The Mayor is the presiding
officer at meetings of the Council , titular head of city
government, official representative of the City, and is
responsible for the faithful execution of all ordinances .
[Ord. No. 33-73 , § 3 , 18 Sep 1973 ; Ord. No. 2-84 , § 1 ,
21 Feb 1984]
Sec. 231 . 04 Mayor Pro Tem. The Mayor Pro Tem shall
act for the Mayor in the event the Mayor is absent from
the City or unable to perform the duties of the office of
Mayor. [Ord. No. 33-73 , § 4 , 18 Sep 1973 ; Ord. No. 2-84 ,
§ 1 , 21 Feb 1984]
Sec. 231 . 05 Standing Committees of Councilmembers .
(A) Committee on Zoning Regulation. [Ord. No. 33-73 ,
§ 5 , 18 Sep 1973 ; Ord. No. 2-84 , § 1 , 21 Feb 1984]
Sec . 231 . 11 City Manager. The City Manager is appointed
by the City Council and shall serve at the pleasure of the
Council. The City Manager shall be the Chief Administrative
Officer of the City and shall be responsible to the Council
for the departments and divisions of responsibility as shall
be necessary and proper for administration of the affairs
of the City and performance of its municipal functions .
The City Manager shall have the following powers and duties :
(A) To provide sustained administrative leadership
and coordination of staff and board activities in carrying
out the acts and directives of the Council , through overall
supervision and coordination. In this capacity, he coordinates
the activities of staff and boards to assure that adequate
information and recommendation in important areas are expeditiously
considered by the staff and boards , and brought promptly to
the attention of the Council .
CHAPTER REVISED [illegible] date under [illegible]
14 SEP 89
§ 2 31 . 11 GENERAL ORGANIZATION § 231 .21
(B) To review with the Council and with heads of the 114
several boards and offices , the programs and projects of
the City and to make recommendations thereon as may be
necessary to administer the City most effectively in the
public interest .
(C) To assist the Mayor in carrying out the
administrative and executive responsibilities delegated
to the Mayor and, in connection therewith, to plan, direct,
coordinate, and manage the administrative affairs of the
Council.
(D) To prepare and submit the annual budget to the
City Council .
(E) To appoint and, when deemed necessary for the
good of the service , to suspend or remove all City
employees and appointive administrative officers provided
for, by and under the City Charter, except as otherwise
provided by law, the Charter, or personnel rules . The
Manager may authorize any administrative officer who is
subject to the Manager ' s direction and supervision to
exercise these powers with respect to subordinates in
that officer ' s department, office or division.
(F) To direct and supervise the administration of
all departments , offices and divisions of the City, except
as provided by the City Charter or by law.
(G) To perform such other duties as are specified in
the City Charter or may be required by the City Council.
[Ord. No. 33-73 , 18 Sep 1973 ; Ord. No. 2-84 , § 1 , 21 Feb
1984]
Sec. 231 . 13 Deputy City Manager. The City Clerk may
be the Deputy City Manager who shall act for the City
Manager during sickness or absence of the City Manager
and be responsible for the functions of the Office .
[Ord. No. 33-73 , 18 Sep 1973 ; Ord. No. 2-84 , § 1 , 21 Feb 1984]
Sec . 231 . 21 City Clerk. The City Manager shall appoint
a City Clerk. The City Clerk has the following duties and
responsibilities :
(A) Pursuant to §119 . 021 , Florida Statutes , and the
City Charter, to be custodian of all public records of the
City as defined in §119 . 011 , Florida Statutes, and the Seal
of the City.
CHAPTER REVISED
14 SEP 89
§ 2 31 . 21 GENERAL ORGANIZATION § 231 . 31
(B) To be secretary of the Council and perform those
duties specified in the Council Rules of Procedure.
(C) To function as Supervisor of Elections pursuant
115 to the Florida Election Code .
(D) To issue all licenses and instruments of authority
in accordance with the laws and procedures of the City,
except for those of court.
(E) To directly administer and supervise the units of
the office. [Ord. No. 33-73 , 18 Sep 1973 ; Ord. No. 2-84 ,
§ 1 , 21 Feb 1984]
Sec. 231 . 23 Deputy City Clerk. The City Manager may
appoint one or more Deputy City Clerks who shall act for the
City Clerk and be responsible for the functions of the office.
[Ord. No. 33-73 , 18 Sep 1973 ; Ord. No . 2-84 , § 1 , 21 Feb 1984]
Sec. 231 . 31 City Attorney. The City Council shall
appoint a City Attorney who shall serve at the pleasure of
the City Council . The City Attorney has the following duties
and responsibilities :
(A) To advise and represent the Council in matters
of litigation.
(B) To advise and make recommendations to the Council
with respect to proposed legislation and to coordinate
the preparation of Council views on proposed or current
Florida or Federal law.
(C) To interpret Florida or Federal law.
(D) To prepare and make recommendations and inter-
pretations concerning procedural rules , to prepare
ordinances and resolutions on request of Council and Boards,
and to review all ordinances for consistency, uniformity,
and legal sufficiency.
(E) To conduct research in legal matters as directed
by the Council.
(F) To perform all legal functions with respect to
leases , contracts , tort claims and such other internal
legal problems as may arise .
(G) To directly administer and supervise the units
of the office . [Ord. No. 33-73 , 18 Sep 1973 ; Ord. No. 2-84 ,
§ 1 , 21 Feb 1984]
CHAPTER REVISED
14 SEP 89
§ 231 . 33 GENERAL ORGANIZATION § 231 . 51
Sec . 231 . 33 Deputy City Attorney. The Council may
appoint a Deputy City Attorney who shall act for the City
Attorney during sickness or absence of the City Attorney
and shall be responsible for the functions of the office . 116
[Ord. No. 33-73 , 18 Sep 1973 ; Ord. No. 2-84 , § 1 , 21 Feb
1984]
Sec. 231 . 41 City Treasurer. The City Manager shall
appoint a City Treasurer. The City Treasurer has the
following duties and responsibilities :
(A) To receive all monies and funds coming in or
belonging to the City for taxes , licenses , permits , fines
and from any and all sources whatever, and keep faithful
and strict account of all such monies and funds , and pay
same out only upon the order of the City Council , made
in pursuance of law and ordinance .
(B) To keep a strict account of each fund separate
and as directed by the City Manager and City Council.
(C) To prepare all checks and vouchers to be drawn
on the City depositories , and to sign the same and
present such checks to the Mayor, or in his absence to
the Mayor Pro Tem, to be countersigned as provided herein.
(D) To collect monies pursuant to directive of the
City Manager and City Council .
(E) To perform in conjunction with the City Manager
in preparation of the annual budget with the assistance
of all offices and boards , and to make available a monthly
report of income and expenditures relative to the current
budget.
(F) To directly administer and supervise the units of
the office. [Ord. No. 33-73 , 18 Sep 1973 ; Ord. No . 2-84 ,
§ 1 , 21 Feb 1984]
Sec. 231 . 43 Deputy City Treasurer. The City Manager
may appoint a Deputy Treasurer who shall act for the City
Treasurer during sickness or absence of the City Treasurer
and shall be responsible for the functions of the office.
[Ord. No . 33-73 , 18 Sep 1973; Ord. No. 2-84 , § 1 , 21 Feb
1984]
Sec. 231 .51 City Engineer. The City Engineer is
designated by the City Council and is directly responsible
to the Council . The City Engineer has the following duties
and responsibilities :
CHAPTER REVISED
14 SEP 89
§231. 51 GENERAL ORGANIZATION §231. 121
117
A. To conduct research in engineering matters as
directed by the Council .
B. To perform all engineering functions with respect
to public works operations, building and planning
review, and such internal engineering problems as may
be directed by Council .
C. To directly administer and supervise the units of
the office. [Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84,
§1 , 21 Feb 84]
Sec. 231. 61 Superintendent of Public Works . The
City Manager may appoint a Superintendent of Public
Works . The Superintendent has the following duties and
responsibilities :
A. To exercise control and direct supervision over
all municipal utilities , utility contracts, repair and
maintenance of streets , and wastewater collection and
treatment systems .
B. To see that the terms and conditions imposed in
favor of the City or its inhabitants in any public
utility franchise are faithfully kept and performed,
and upon knowledge of any violation thereof to call the
same to the attention of the City Manager whose duty it
is to see that such action as might be necessary to
enforce the same is taken .
C. To have charge of the removal of garbage and
trash, or franchise thereof, and it shall be his duty
to see that the streets are kept clean .
D. He shall perform such other duties as the City
Manager, from time to time may require of him. [Ord.
No. 2-84, §1, 21 Feb 84; Ord. No. 30-87, §1, 20 Oct 87]
Sec. 231. 101 Library Board General Authority. The
authority and related functions of the Library Board
shall be as set forth in Chapter 253. [Ord. No. 11-66,
10 May 66; Ord. No. 9-73, 1 May 73; Ord. No. 2-84, §1,
21 Feb 84]
Sec. 231.111 Zoning Board of Adjustment General
Authority. The authority and related functions of the
Building Board of Adjustment shall be as set forth in
Chapter 645 . [Ord. No. 2-84, §1 , 21 Feb 84]
Sec. 231. 121 Building Board of Adjustment General
Authority. The authority and related functions of the
Building Board of Adjustment shall be as set forth in
Chapter 611. [Ord. No. 2-84, §1, 21 Feb 84]
Chapter REVISED
14 SEP 89
§ 231 . 131 GENERAL ORGANIZATION § 231 . 171 118
Sec . 231 . 131 Housing Board of Adjustment General
Authority. The authority and related functions of the
Housing Board of Adjustment shall be as set forth in Chapter
619 . [Ord. No . 2-84 , § 1 , 21 Feb 1984]
Sec. 231 . 141 Zoning and Planning Board General Functions .
The functions of the Zoning and Planning Board shall be as
set forth in Chapter 257 . [Ord. No. 53-73 , 1 Mar 1974 ;
Ord. No. 2-84 , § 1 , 21 Feb 1984]
Sec. 231 . 151 Beautification Board General Functions .
The functions of the Beautification Board shall be as set
forth in Chapter 251 . [Ord. No. 11-68 , 5 Nov 1968 ; Ord. No.
2-84 , § 1 , 21 Feb 1984]
Sec. 231 . 161 Recreation Board General Functions. The
functions of the Recreation Board shall be as set forth
in Chapter 255 . [Ord. No. 64-24 , 18 Aug 1964 ; Ord. No.
33-73 , 18 Sep 1973 ; Ord. No. 2-84 , § 1 , 21 Feb 1984]
Sec . 231 . 171 Code Enforcement Board General Functions.
The functions of the Code Enforcement Board shall be as set
forth in Chapter 265 . [Ord. No. 2-84 , § 1 , 21 Feb 1984]
CHAPTER REVISED
14 SEP 89
Completed 11-30-87 Codify
Codified
11-88
ORDINANCE NO 30-87
AN ORDINANCE AMENDING CHAPTER 231,
GENERAL ORGANIZATION OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA;
BY AMENDING THE DUTIES OF THE SUPER-
INTENDENT OF PUBLIC WORKS ; REPEAL-
ING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH ; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. Chapter 231, General Organization of the Code of
Ordinances , is hereby amended by repealing Section 231.61, sub-
paragraph (A) in its entirety and replacing with the following:
Sec. 231. 61 Superintendent of Public Works.
A. To exercise control and direct supervision over
all municipal utilities, utility contracts , repair and
maintenance of streets , and waste water collection and
treatment system.
SECTION 2 . All portions of the code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall become effective immediate-
ly upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral ,
Florida, this 20th day of October , 1987.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
APPROVED AS TO FORM:
[signature]
City Attorney
First Reading: 10-06-87
Posted: 10-07-87
Advertised: 10-10-87
Second Reading: 10-20-87
NAME YES NO
HOOG YES
KIDD YES
LEE YES
MARCHETTI YES
Murphy YES
117
§ 231.51 GENERAL ORGANIZATION § 231.121
(A) To conduct research in engineering matters as
directed by the Council.
(B) To perform all engineering functions with respect
to public works operations , building and planning review,
and such internal engineering problems as may be
directed by Council.
(C) To directly administer and supervise the units
of the office. [Ord. No. 33-73 , 18 Sep 1973; Ord. No.
2-84 , § 1 , 21 Feb 1984]
Sec. 231 . 61 Superintendent of Public Works . The City
Manager may appoint a Superintendent of Public Works .
The Superintendent has the following duties and responsibilities:
Copy from ord.
(B) To see that the terms and conditions imposed in
favor of the City or its inhabitants in any public utility
franchise are faithfully kept and performed, and upon
knowledge of any violation thereof to call the same to
the attention of the City Manager whose duty it is to see
that such action as might be necessary to enforce the same
is taken.
(C) To have charge of the removal of garbage and trash,
or franchise thereof, and it shall be his duty to see that
the streets are kept clean.
(D) He shall perform such other duties as the City
Manager, from time to time may require of him.[Ord. No. 30-87, §1, 20 Oct 87]
Sec. 231 . 101 Library Board General Authority. The
authority and related functions of the Library Board shall
be as set forth in Chapter 253 . [Ord. No. 11-66 , 10 May 1966;
Ord. No. 9-73 , 1 May 1973 ; Ord. No. 2-84 , § 1 , 21 Feb 1984]
Sec. 231 . 111 Zoning Board of Adjustment General Authority.
The authority and related functions of the Zoning Board
of Adjustment shall be as set forth in Chapter 645 . [Ord. No.
10-75, 28 Oct 1975 ; Ord. No. 2-84 , § 1 , 21 Feb 1984]
Sec. 231 . 121 Building Board of Adjustment General
Authority. The authority and related functions of the Building
Board of Adjustment shall be as set forth in Chapter 611 .
[Ord. No. 2-84 , § 1 , 21 Feb 1984]
Page Revised
20 Oct 87
Codified Nov 88
ORDINANCE NO. 28-87
AN ORDINANCE AMENDING THE CITY CHAR-
TER OF THE CITY OF CAPE CANAVERAL ,
BREVARD COUNTY, FLORIDA BY AMENDING
ARTICLE XVII, SECTION 4 AND 5 ; AMEND-
ING ADVERTISING REQUIREMENTS FOR
BUDGET ADOPTION; AMENDING THE BUDGET
ADOPTION DATE; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. Article XVII, Section 4 , "Public Hearing on Budget
Required" , of the Cape Canaveral Charter, is hereby deleted in its
entirety and replaced with the following:
Sec. 4 Public Hearing on Budget Required. A public
hearing on the budget shall be held before its final
adoption, at such time and place as the Council may
direct, and notice of such public hearing shall be pub-
lished in a newspaper of general circulation in conform-
ance with applicable State Statutes. It shall also be
on file and available to the public for inspection
during office hours in the Office of the Clerk for a
period of not less than one week prior to such public
hearing. [Ord. No. 28-87, 20 Oct 87]
SECTION 2 . Article XVII, Section 5 "Adoption of Budget" , of
the Cape Canaveral Charter is hereby amended by amending the first
sentence to read "Not later than the second regular meeting in the
month of September, . . . " .
SECTION 3 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral ,
Florida, this 20th day of October , 1987.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
APPROVED AS TO FORM:
[signature]
City Attorney
First Reading: 10-06-87
Posted: 10-07-87
Advertised: 10-10-87
Second Reading: 10-20-87
NAME YES NO
HOOG YES
KIDD YES
LEE YES
MARCHETTI YES
MURPHY YES
Codified Mar 85
ORDINANCE NO. 2-84
AN ORDINANCE AMENDING CHAPTER 231, "GENERAL
ORGANIZATION" , OF THE CITY CODE OF THE CITY
OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING
THE GENERAL ORGANIZATION OF THE CITY OF CAPE
CANAVERAL, FLORIDA; ESTABLISHING THE DUTIES
AND RESPONSIBILITIES OF THE COUNCIL, MAYOR,
MAYOR PRO TEM, CITY MANAGER, CITY CLERK,
CITY ATTORNEY, CITY TREASURER, SUPERINTENDENT
OF PUBLIC WORKS AND VARIOUS VOLUNTARY BOARDS;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE .
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1 . Chapter 231, "General Organization" , of the
City Code of the City of Cape Canaveral, Florida, is hereby
repealed in its entirety and replaced with the following :
CHAPTER 231
GENERAL ORGANIZATION
Sec . 231 .01 The Council . All powers and duties of
the City of Cape Canaveral specified in House Bill No. 167,
Laws of Florida, Regular Session 1963, as amended, and of
municipal corporations in the General Laws of the State
of Florida are vested in the Council . The Council is composed
of five (5) members who are elected by the registered
electors of the City . Two (2) members are elected each year
to three (3) year terms, except every third year one (1)
member, who is also the Mayor, is elected to a three year
term. [Ord. No. 33-73, §1, 18 Sep 93; Ord. No. 2-84, §1, 21 Feb 84]
Sec. 231 .03 The Mayor . The Mayor is the presiding
officer at meetings of the Council, titular head of city
government, official representative of the City, and is
responsible for the faithful execution of all ordinances.
[Ord. No. 33-73, §3, 18 Sep 73; Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .04 Mayor Pro Tem. The Mayor Pro Tem shall
act for the Mayor in the event the Mayor is absent from
the City or unable to perform the duties of the office of
Mayor. [Ord. No. 33-73, §4, 18 Sep 73; Ord. No. 2-84, §4, §1, 21 Feb 84]
Sec . 231 .05 Standing Committees of Councilmembers .
(A) Committee on Zoning Regulation. [Ord. No. 33-73, §5, 18 Sep 73; Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .11 City Manager . The City Manager is appointed
by the City Council and shall serve at the pleasure of the
Council . The City Manager shall be the Chief Administrative
Officer of the City and shall be responsible to the Council
for the departments and divisions of responsibility as shall
be necessary and proper for administration of the affairs
of the City and performance of its municipal functions .
The City Manager shall have the following powers and duties :
(A) To provide sustained administrative leadership
and coordination of staff and board activities in
carrying out the acts and directives of the Council,
through overall supervision and coordination. In
this capacity, he coordinates the activities of staff
and boards to assure that adequate information and
recommendation in important areas are expeditiously
considered by the staff and boards, and brought promptly
to the attention of the Council .
Ordinance No. 2-84
Page 1 of 5
(B) To review with the Council and with heads of the
several boards and offices , the programs and projects
of the City and to make recommendations thereon as may
be necessary to administer the City most effectively
in the public interest.
(C) To assist the Mayor in carrying out the
administrative and executive responsibilities delegated
to the Mayor and, in connection therewith, to plan,
direct, coordinate, and manage the administrative
affairs of the Council .
(D) To prepare and submit the annual budget to the
City Council .
(E) To appoint and, when deemed necessary for the
good of the service, to suspend or remove all City
employees and appointive administrative officers
provided forby and under the City Charter, except
as otherwise provided by law, the Charter, or personnel
rules . The Manager may authorize any administrative
officer who is subject to the Manager ' s direction and
supervision to exercise these powers with respect to
subordinates in that officer' s department, office
or division.
(F) To direct and supervise the administration of all
departments, offices and divisions of the City, except
as provided by the City Charter or by law.
(G) To perform such other duties as are specified in
the City Charter or may be required by the City Council .
[Ord. No. 33-73, 18 Sep 1993; Ord. No. 2-84, §1, 21 Feb 84]
Sec. 231.13 Deputy City Manager . The City Clerk may be the
Deputy City Manager who shall act for the City Manager during
sickness or absence of the City Manager and be responsible for
the functions of the Office.[Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .21 City Clerk . The City Manager shall appoint a City
Clerk . The City Clerk has the following duties and responsibilities :
(A) Pursuant to §119 .021, Florida Statutes, and the
City Charter, to be custodian of all public records
of the City as defined in §119 .011, Florida Statutes,
and the Seal of the City.
(B) To be secretary of the Council and perform those
duties specified in the Council Rules of Procedure .
(C) To function as Supervisor of Elections pursuant
to the Florida Election Code .
(D) To issue all licenses and instruments of authority
in accordnace with the laws and procedures of the City,
except for those of court.
(E) To directly administer and supervise the units of
the office. [Ord. No. 33-73, 18 Sep 73][Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .23 Deputy City Clerk. The City Manager may appoint
one or more Deputy City Clerks who shall act for the City Clerk
and be responsible for the functions of the office. [Ord. No. 31-73, 18 Sep 73][Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .31 City Attorney. The City Council shall appoint
a City Attorney who shall serve at the pleasure of the City Council .
The City Attorney has the following duties and responsibilities :
(A) To advise and represent the Council in matters
of litigation.
Ordinance No . 2-84
Page 2 of 5
(B) To advise and make recommendations to the
Council with respect to proposed legislation
and to coordinate the preparation of Council
views on proposed or current Florida or Federal
law.
(C) To interpret Florida or Federal law .
(D) To prepare and make recommendations and
interpretations concerning procedural rules, to
prepare ordinances and resolutions on request of
Council and Boards, and to review all ordinances
for consistency, uniformity, and legal sufficiency .
(E) To conduct research in legal matters as directed
by the Council .
(F) To perform all legal functions with respect to
leases, contracts, tort claims and such other internal
legal problems as may arise .
(G) To directly administer and supervise the units
of the office. [Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .33 Deputy City Attorney . The Council may
appoint a Deputy City Attorney who shall act for the City
Attorney during sickness or absence of the City Attorney
and shall be responsible for the functions of the office.
[Ord. Np. 33-73, 8 Sep 73; Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .41 City Treasurer. The City Manager shall
appoint a City Treasurer . The City Treasurer has the
following duties and responsibilities:
(A) To receive all monies and funds coming in or
belonging to the City for taxes, licenses, permits,
fines and from any and all sources whatever, and
keep faithful and strict account of all such monies
and funds, and pay same out only upon the order of
the City Council, made in pursuance of law and
ordinance.
(B) To keep a strict account of each fund separate
and as directed by the City Manager and City Council .
(C) To prepare all checks and vouchers to be drawn
on the City depositories, and to sign the same and
present such checks to the Mayor, or in his absence
to the Mayor Pro Tem, to be countersigned as provided
herein.
(D) To collect monies pursuant to directive of the
City Manager and City Council .
(E) To perform in conjunction with the City Manager
in preparation of the annual budget with the assistance
of all offices and boards, and to make available a
monthly report of income and expenditures relative to
the current budget.
(F) To directly administer and supervise the units
of the office. [Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 . 43 Deputy City Treasurer. The City Manager
may appoint a Deputy Treasurer who shall act for the City
Treasurer during sickness or absence of the City Treasurer
and shall be responsible for the functions of the office.
[Ord. No. 33-73, 18 Sep 73; Ord. No. 2-74, §1, 21 Feb 84]
Sec . 231 .51 City Engineer. The City Engineer is
designated by the City Council and is directly responsible
to the Council. The City Engineer has the following duties
and responsibilities:
Ordinance No . 2-84
Page 3 of 5
(A) To conduct research in engineering matters
as directed by the Council .
(B) To perform all engineering functions with respect
to public works operations, building and planning review,
and such internal engineering problems as may be
directed by Council .
(C) To directly administer and supervise the units
of the office. [Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84, §1, Feb 84]
Sec . 231 .61 Superintendent of Public Works . The City
Manager may appoint a Superintendent of Public Works . The
Superintendent has the following duties and responsibilities :
(A) To exercise control and direct supervision over
all municipal utilities, contracts, repair of streets
and care of parks, except those pertaining to the
water and sewage systems of the City of Cape Canaveral .
(B) To see that the terms and conditions imposed in
favor of the City or its inhabitants in any public
utility franchise are faithfully kept and performed,
and upon knowledge of any violation thereof to call
the same to the attention of the City Manager whose
duty it is to see that such action as might be
necessary to enforce the same is taken.
(C) To have charge of the removal of garbage and
trash, or franchise thereof, and it shall be his duty
to see that the streets are kept clean.
(D) He shall perform such other duties as the City
Manager, from time to time may require of him. [Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .101 Library Board General Authority. The
authority and related functions of the Library Board shall
be as set forth in Chapter 253 . [Ord. No. 11-66, 10 May 66; Ord No. 9-73, 1 May 73; Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 . 111 Zoning Board of Adjustment General Authority .
The authority and related functions of the Zoning Board of
Adjustment shall be as set forth in Chapter 645. [Ord. No. 10-75, 25 Oct 74; Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .121 Building Board of Adjustment General
Authority . The authority and related functions of the Building
Board of Adjustment shall be as set forth in Chapter 611. [Ord. No. 2-84, §1, 21 Feb 84]
Sec. 231 .131 Housing Board of Adjustment General
Authority. The authority and related functions of the Housing
Board of Adjustment shall be as set forth in Chapter 619 . [Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .141 Zoning and Planning Board General Functions .
The functions of the Zoning and Planning Board shall be as
set forth in Chapter 257 . [Ord. No. 53-73, 1 Mar 74; Ord. No. 2-84, §1, 21 Feb 84]
Sec. 231.151 Beautification Board General Functions .
Th.e functions of the Beautification Board shall be as set forth
in Chapter 251. [Ord. No. 11-68, 5 Nov 68; Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .161 Recreation Board General Functions . The
functions of the Recreation Board shall be as set forth in
Chapter 255. [Ord. No. 64-24, 18 Aug 64; Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84, §1, 21 Feb 84]
Sec . 231 .171 Code Enforcement Board General Functions .
The functions of the Code Enforcement Board shall be as set
forth in Chapter 265. [Ord. No. 2-84, §1, 21 Feb 84]
Ordinance No. 2-84
Page 4 of 5
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
CALVERT
FISCHETTI
NICHOLAS
RUTHERFORD
WINCHESTER
Permission to Advertise: Jan. 17, 1984
First Reading: Feb. 7, 1984
Posted: Jan. 18, 1984
Advertised: Jan. 24, 1984
Second Reading: Feb. 21, 1984
Ordinance No. 2-84
Page 5 of 5
Chap
231
General Organization
AMENDED 5-77 att attached
ORDINANCE NO. 33-73
AN ORDINANCE DEFINING THE ORGANIZATIONAL
STRUCTURE AND FUNCTIONS OF ELEMENTS OF
THE CITY; DELEGATING AUTHORITY; REVEALING
ORDINANCES NO. 22-66 , AND 17-72 PROVIDING
AN EFFECTIVE DATE .
WHEREAS , AN INSTRUMENT WHICH DEFINES THE STRUCTURE
AND FUNCTIONS OF ELEMENTS OF THE CITY OF CAPE CANAVERAL, FLORIDA,
IS FUNDAMENTAL,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS :
PART A - ORGANIZATION
GENERAL
231.01
SEC. 0 . 1 THE COUNCIL. ALL POWERS AND DUTIES OF THE
CITY OF CAPE CANAVERAL SPECIFIED IN HOUSE BILL NO. 1670 LAWS OF
FLORIDA, REGULAR SESSION 1963 , AS AMENDED, AND OF MUNICIPAL
CORPORATIONS IN THE GENERAL LAWS OF THE STATE OF FLORIDA ARE
VESTED IN THE: COUNCIL. THE COUNCIL IS COMPOSED OF FIVE MEMBERS
WHO ARE ELECTED BY THE REGISTERED ELECTORS OF THE CITY. TWO
MEMBERS ARE ELECTED EACH YEAR TO THREE YEAR TERMS, EXCEPT EVERY
THIRD YEAR ONE MEMBER WHO IS ALSO THE MAYOR, IS ELECTED TO A
THREE YEAR TERM.
SEC. 0 . 3 THE MAYOR. THE MAYOR IS THE PRESIDING
OFFICER AT MEETINGS OF THE COUNCIL, TITULAR HEAD OF CITY GOVERN-
MENT, OFFICIAL REPRESENTATIVE OF THE CITY, AND IS RESPONSIBLE
FOR THE FAITHFUL EXECUTION OF ALL ORDINANCES .
SEC. 0 . 4 MAYOR PROTEM. THE MAYOR PROTEM SHALL ACT FOR
THE MAYOR IN THE EVENT THE MAYOR IS ABSENT FROM THE CITY OR UNABLE
TO PERFORM THE DUTIES OF THE OFFICE OF THE MAYOR.
SEC. 0 . 5 STANDING COMMITTEES OF COUNCILMEMBERS.
(A) COMMITTEE ON ZONING REGULATION.
SEC. 0 . 7 GENERAL DESCRIPTION OF CITY ORGANIZATION.
(A) PRINCIPAL STAFF UNITS. THE COUNCIL IS ASSISTED
IN THE PERFORMANCE OF ITS RESPONSIBILITIES BY ITS STAFF, WHICH IS
DIVIDED INTO THE FOLLOWING PRINCIPAL UNITS :
(I ) OFFICE OF CITY MANAGER.
(2) OFFICE OF CITY CLERK.
(3) OFFICE OF CITY ATTORNEY.
Page 1 of 8 Ord . 33-73
(4) OFFICE OF CITY TREASURER
(5) OFFICE OF CITY ENGINEER.
(6) MINICIPAL COURT.
(7) ADMINISTRATIVE REVIEW JUDGE.
(B) PRINICIPAL ADMINISTRATIVE, REVIEW, AND ADVISORY
BOARDS. THE COUNCIL IS ASSISTED IN THE PERFORMANCE OF ITS RE-
SPONSIBILITIES BY THE FOLLOWING BOARDS :
(1) LIBRARY BOARD (ADMINISTRATIVE AND ADVISORY) .
(2) ZONING BOARD OF ADJUSTMENT (REVIEW) .
(3) BUILDING BOARD OF ADJUSTMENT (REVIEW) .
(4) HOUSING BOARD OF ADJUSTMENT (REVIEW) .
(5) NOISE ABATEMENT BOARD OF ADJUSTMENT (REVIEW) .
(6) ZONING AND PLANNING BOARD (ADVISORY) .
t7) BEAUTIFICATION BOARD (ADVISORY)
(8) RECREATION BOARD (ADVISORY AND ADMINISTRATIVE)
(C) INTER-RELATIONSHIP OF FUNCTIONS AMONG STAFF AND
BOARDS. (RESERVED).
OFFICE OF CITY MANAGER
SEC. 0 . 11 FUNCTIONS OF THE OFFICE. THE CITY MANAGER
IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO THE
COUNCIL. THE CITY MANAGER HAS THE FOLLOWING DUTIES AND RESPONSI-
BILITIES.
(A) TO PROVIDE SUSTAINED ADMINISTRATIVE LEADERSHIP
AND COORDINATION OF STAFF AND BOARD ACTIVITIES IN CARRYING OUT
THE ACTS AND DIRECTIVES OF THE COUNCIL, THROUGH OVERALL SUPER-
VISION AND COORDINATION. IN THIS CAPACITY, HE COORDINATES THE
ACTIVITIES OF STAFF AND BOARDS TO ASSURE THAT ADEQUATE INFORMATION
AND RECOMMENDATION IN IMPORTANT AREAS ARE EXPEDITIOUSLY CONSIDERED
BY THE STAFF AND BOARDS, AND BROUGHT PROMPTLY TO THE ATTENTION OF
THE COUNCIL.
(B) TO REVIEW WITH THE COUNCIL AND WITH HEADS OF THE
SEVERAL BOARDS AND OFFICES , THE PROGRAMS AND PROJECTS OF THE CITY
AND TO MAKE RECOMMENDATIONS THEREON AS MAY BE NECESSARY TO ADMIN-
ISTER THE CITY MOST EFFECTIVELY IN THE PUBLIC INTEREST.
Page 2 of 8 Ord. 33-73
Page 3 of 8 Ord . 33-73
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL , FLORIDA THIS 18th DAY OF SEPTEMBER 1973 .
[signature]
Mayor
ATTEST:
[signature]
CITY CLERK
APPROVED AS TO FORM:
[signature]
CITY ATTORNEY
FIRST READING: SEPTEMBER 4, 1973
POSTED: SEPTEMBER 6, 1973
SECOND READING: SEPTEMBER 18, 1973
NAME YES NO ABS
MACLAY YES
RHAME YES
RUTKOWSKI YES
SALVAGGIO YES
THURM YES
AMENDED ON SECOND READING
[cutoff text]
§ 231.10 GEN. ORGANIZATION § 231.10
and Boards (Reserved) (Ord. No. 5-77, 1, 19
Apr 1977). [Ord. No. 33-73, 18 Sept. 1973]
Sec. 231.11 Office of City Manager. The City
Manager is designated by the Council and is directly
responsible to the Council. The City Manager has
the following duties and responsibilites.
(A) To provide the sustained administrative
leadership and coordination of staff and board
activities in carrying out the acts and directives
of the Council, through overall supervision and
coordination. In this capacity, he coordinates
the activities of staff and boards to assure that
adequate information and recommendation in impor-
tant areas are expiditiously considered by the
staff and boards, and brought promptly to the
attention of the Council.
(B) To review with the Council and with heads
of the several boards and offices, the programs
and projects of the City and to make recommendations
thereon as may be necessary to adminster the City
most effectively in the public interest.
(C) To assist the Mayor in carrying out the
administrative and executive responsibilities
delegated to the Mayor and, in connection there-
with, to plan, direct, coordinate, and manage the
adminstrative affairs of the Council.
(D) To prepare the annual budget in conjunction
with the City Treasurer, with the assistance of
all offices and boards.
(E) To directly adminster and supervise the
units of the office. [Ord. No. 33-73, 18 Sept. 1973]
Sec. 231.13 Units of the Office.
(A) Immediate office of the City Manager.
§ 231.01 GEN. ORGANIZATION § 231.07
CHAPTER 231
GENERAL ORGANIZATION
Sec. 231.01 The Council. All powers and duties
of the City of Cape Canaveral specified in House
Bill No. 167, Laws of Florida, Regular Session
1963, as mended, and of municipal corporations
in the General Laws of the State of Florida are
vested in the Council. The Council is composed
of five memebrs who are elected by the registered
electors of the City. Two members are elected
each year to three-year terms, except every third
year one member who is also the Mayor, is elected
to a three-year term. [Ord. No. 33-73, § 0.1,
18 Sept. 1973]
Sec. 231.03 The Mayor. The Mayor is the presiding
officer at meetings of the Council, titular head
of city government, official representative of the
City, and is responsible for the faithful execution
of all ordinances. [Ord. No. 33-73, § 0.3,
18 Sept. 1973]
Sec. 231.04 Mayor Protem. The Mayor Protem
shall act for the Mayor in the event the Mayor is
absent from the City or unable to perform the
duties of the office of the Mayor. [Ord. No. 33-73,
§ 0.4, 18 Sept. 1973]
Sec. 231.05 Standing Committees of Councilmembers.
(A) Committee of Zoning Regulation.
[Ord. No. 33-73, § 0.5, 18 Sept. 1973]
Sec. 231.07 General Description of City
Organization.
(A) Principal Staff Units. The Council is
assisted in the performance of its responsibilities
§ 231.07 GEN. ORGANIZATION § 231.07
by its staff, which is divided into the following
principal units:
(1) Office of City Manager
(2) Office of City Clerk.
(3) Office of City Attorney.
(4) Office of City Treasurer.
(5) Office of City Engineer.
(6) Municipal Court.
(7) Administrative Review Judge.
(8) Principal Adminstrative, Review and
Advisory Boards. The Council is assisted in the
performance of its responsibilities by the
following Boards:
(1) Library Board (Administrative and Advisory).
(2) Zoning Board of Adjustment (Review).
(3) Building Board of Adjustment (Review).
(4) Housing Board of Adjustment (Review).
(5) Noise Abatement Board of Adjustment (Review).
(6) Zoning and Planning Board (Advisory)
(7) Beautification Board (Advisory)
(8) Recreation Board (Advisory and Administrative)
(9) Commercial Development Board (Advisory)
(C) Interrelationship of Functions among Staff
§ 231.13 GEN. ORGANIZATION § 231.21
(B) Police Department.
(C) Building Department.
(D) Waste Water Treatment Department.
(E) Maintenance Department.
(F) Road and Highway Department.
(G) Recreation Department.
Sec. 231.14 The City Council shall be
responsible for the employment and termi-
nation of each of the department heads of
the Units of the Office as described in
Section 231.13 of this Chapter. (Ord. No.
5-77 §1 19 Apr 1977).
Sec. 231.15 Deputy City Manager. The
City Clerk shall be the Deupty City Manager
who shall act for the City Manager during
sickness of absence of the City Manager
and be responsible for the functions of
the Office.
Sec. 231.21 Office of City Clerk. The
City Clerk is designated by the Council
and is directly responsible to the Council.
The City Clerk has the following duries and
responsibilities.
(A) Pursuant to § 119.021, Florida
Statutes, and the City Charter, to be
custodian of all public records of the
City as defined in § 119.011, Florida
Statutes, and the Seal of the City.
(B) To be secretary of the Council
and perform those duties specified in the
§ 231.41 GEN. ORGANIZATION § 231.45
taxes, licenses, permits, fines, and from
any and all sources whatever, and keep a
faithful and strict account of all such
moneys and funds, and pay same out only
upon the order of the City Council, made
in pursuance of law and ordinance.
(B) To keep a strict account of each
fund separate and as directed by the
Council.
(C) To prepare all checks and vouchers
to be drawn on the City depositories, and
to signt he same and present such checks
to the Mayor, or in his absence to the
Mayor Protem, to be coutnersigned as pro-
vided herein.
(D) To collect moneys pursuant to
directive of the Council.
(e) To perform in conjunction with the
City Manager in preparation of the annual
budget with the assistance of all offices
and boards, and to make available a monthly
report of income and expenditures relative
to the current budget.
(F) To directly administer and supervie
the units of the office.
Sec. 231.43 Units of the Office.
(A) Immediate office of the City Treasur-
er.
(B) Collection Division
Sec. 231.45 Depurt City Treasurer. The
Council shall appoint a Deputy City
§ 231.23 GEN. ORGANIZATION § 231.31
Council Rules of Procedure.
(C) To function as Supervisor of Elec-
tions pursuant to the Florida Election
Code.
(D) To issue all licenses and instru-
ments of authority in accordance with the
laws and procedures of the City, except
for those of court.
(E) To directly administer and supervise
the units of the office.
Sec. 231.23 Units of the Office.
(A) Immediate Office of the City Clerk.
The Council shall appoint one or more Deputy
City Clerks who shall act for the City Clerk
during sickness or absence of the City Clerk
and be responsible for the functions of the
office.
Sec. 231.31 Office of City Attorney.
The City Attorney is designated by the
Council and is directly responsible to the
Council. The City Attorney has the follow-
ing duties and responsibilities:
(A) To advise and represent the Council
in matters of litigation.
(B) To advise and make recommendations
to the Council with respect to proposed
legislation and to coordinate the prepara-
tion of Council views on proposed or current
Florida or Federal law.
(C) To intepret Florida or Federal law.
§ 231.31 GEN. ORGANIZATION § 231.41
(D) To prepare and make recommendations
and interpretations concerning procedural
rules, to prepare ordinances and resolu-
tions on request of council and Boards,
and to review all ordinances for consis-
tency, uniformity, and legal sufficiency.
(E) To conduct research in legal matters
as directed by the Council.
(F) To perform all legal functions with
respect to leases, contracts, tort claims
and such other internal legal problems
as may arise.
(G) To directly adminster and supervise
the units of the office.
Sec. 231.33 Units the Office.
(A) Immediate office of the City Attorney
[Ord. No. 33-73, 18 Sept 1973]
(B) Office the City Prosecutor and
Assistant City Prosecutor.(Ord. No. 5-77, 19 Apr 1977)
Sec. 231.35 Deputy City Attorney. The
Council shall appoint a Deupty City Attorney
who shall act for the City Attorney during
sickness or absence of the City Attorney
and shall be responsible for the functions
of the office.
Sec. 231.41 Office of City Treasurer.
The City Treasurer is designated by the
Council and is directly responsible to
the Council. The City Treasurer has the
followijg duties and responsibilities:
(A) To receive all moneys and funds
coming in or belongings to the City for
6
§ 231.45 GEN. ORGANIZATION § 231.91
Treasurer during sickness of absence of
the City Treasurer and shall be respons-
ible for the functions of the office.
Sec. 231.51 Office of City Engineer.
The City Engineer is designated by the
Council and is directly responsbile to
the Council. The City Engineeer has the
following duties and responsibilities:
(A) To conduct research in engin-
eering matters as directed by the Council.
(B) To perform all engineering funct-
ions with respect to public works
operations, building and planning review,
and such internal enginerring problems as
may be directed by the Council.
(C) To directly administer and super-
vise the units of the office.
Sec. 231.53 Units of the Office.
(A) Immediate Office of the City
Engineer.(Ord. No. 5-77 §1,13 Apr 1977).
Sec. 231.81 Municipal Court General
Authority. The Municipal Court is a perm-
anent body with continuing functions. It
has jurisdiction over all offenses which
are not felonies committed within the
City. The rules of the Court shall be
the Rules of Criminal procedure of the
State of Florida.
Sec. 231.91 Administrative Review
Judge General Authority. The authority
and related functions of the Office
shall be as set forth in Chapter 361.
§ 231. 101 GEN ORGANIZATION § 231,171
Sec . 231. 101 Library Board General
Authority. The authority and related func-
tions of the Library Board shall be as set
forth in Chapter 253. (Ord. No. 11-66, 10
May 1966 , 9-73, 1 May 1973, & Current Con-
tract with Brevard County)
Sec . 231.111 Zoning Board of Adjustment
General Authority. The authority and related
functions of the Zoning Board of Adjustment
shall be as set forth in Chapter 645 . (Ord.
No. 10-75 , 28 Oct , 1975) .
Sec . 231. 121 Building Board of Adjust-
ment General Authority. The authority and
related functions of the Building Board
of Adjustment shall be as set forth in
Chapter 611.
Sec . 231.131 Housing Board of Adjust-
ment General Authority. The authority and
related functions of the Housing Board
of Adjustment shall be as set forth in
Chapter 619.
Sec. 231. 151 Zoning and Planning Board
General Functions . The functions of the
Zoning and Planning Board shall be as set
forth in Chapter 257. (Ord. No. 53-73,
Mar 1, 1974)
Sec . 231 . 161 Beautification Board
General Functions. The functions of the
Beautification Board shall be set forth
in Chapter 251. (Ord. No. 11-68, 5 Nov.
1968)
Sec. 231. 171 Recreation Board General
Functions. The functions of the Recrea-
tion Board shall be as set forth in Chap-
ter 255. (Ord. No. 64-24, 18 Aug 1964,
33-73 18 Sep 1973)
ORDINANCE NO. 5-77 4/19/77
AN ORDINANCE AMENDING CHAPTER 231, CODE OF CITY
OF CAPE CANAVERAL, FLORIDA, PERTAINING TO THE
GENERAL ORGANIZATION OF THE CITY; BY PROVIDING
THAT CITY COUNCIL SHALL BE RESPONSIBLE FOR THE
EMPLOYMENT AND TERMINATION OF DEPARTMENT HEADS;
BY INCLUDING THE RECREATION DEPARTMENT AS ONE OF
THE UNITS OF THE OFFICE OF CITY MANAGER; BY INCLUD-
ING THE OFFICE OF CITY PROSECUTOR UNDER THE OFFICE
OF CITY ATTORNEY; BY DELETING ALL OFFICERS OF THE
CITY COURT AND ALTERNATE OFFICERS; REPEALING ALL
PARTS OF THE CITY CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Chapter 231 of the Code of the City of Cape Canaveral,
entitled "General Organization" is hereby amended as follows:
(1) Section 231.13, entitled "Units of the Office" is deleted in its
entirety, and the following new section substituted therefor:
"Section 231.13 Units of the Office.
(A) Immediate Office of the City Manager.
(B) Police Department.
(C) Building Department.
(D) Waste Water Treatment Department.
(E) Maintenance Department.
(F) Road and Highway Department.
(G) Recreation Department.
(2) The following new section will be added:
"Section 231.14 The City Council shall be responsible for the
employment and termination of each of the department heads
of the Units of the Office as described in Section 231.13 of this
Chapter. " OR No. 5-77 §1 Apr 1977 -
(3) Section 231. 33, Units of the Office of the City Attorney, is ,
amended by the addition of the following language:
"(B) Office of the City Prosecutor and Assistant City Prosecutor. "
(4) Section 231. 83 and Section 231. 85, entitled "Officers of the
Court" and "Alternate Officers" is hereby deleted in its entirety.
* (5) Section 231. 07(B) entitled "Principal Administrative, Review,
and Advisory Boards", is amended by the addition of the following new sub-
paragraph: __-
"(9) Commercial Development Board (Advisory)" OK Changed on [illegible]
SECTION 2. All parts of the City Code 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 19 day of April , 1977.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
Richard F. Scott
FIRST READING: 4-5-77
POSTED: 4-6-77
ADVERTISED: 4-11-77
SECOND READING: 4-19-77
NAME YES NO
NICOLAS YES
HOOG YES
MURPHY YES
SALVAGGIO YES
THURM YES
*AMENDED ON SECOND READING
ORDINANCE 5-77
PAGE 2 OF 2
Chap 231
SEC. 231.01 THE COUNCIL. ALL POWERS AND DUTIES OF THE
CITY OF CAPE CANAVERAL SPECIFIED IN HOUSE BILL NO. 167 , LAWS OF
FLORIDA, REGULAR SESSION 1963 , AS AMENDED, AND OF MUNICIPAL
CORPORATIONS IN THE GENERAL LAWS OF THE STATE OF FLORIDA ARE
VESTED IN THE COUNCIL. THE COUNCIL IS COMPOSED OF FIVE MEMBERS
WHO ARE ELECTED BY THE REGISTERED ELECTORS OF THE CITY. TWO
MEMBERS ARE ELECTED EACH YEAR TO THREE YEAR TERMS , EXCEPT EVERY
THIRD YEAR ONE MEMBER WHO IS ALSO THE MAYOR, IS ELECTED TO A
THREE YEAR TERM. [Ord. No. 33-73, §0.1, 18 Sept. 1973]
Sec. 231.03 THE MAYOR. THE MAYOR IS THE PRESIDING
OFFICER AT MEETINGS OF THE COUNCIL, TITULAR HEAD OF CITY GOVERN-
MENT, OFFICIAL REPRESENTATIVE OF THE CITY, AND IS RESPONSIBLE
FOR THE FAITHFUL EXECUTION OF ALL ORDINANCES. [Ord. No. 33-73, §0.3, 18 Sept, 1973]
SEC. 231.04 MAYOR PROTEM. THE MAYOR PROTEM SHALL ACT FOR
THE MAYOR IN THE EVENT THE MAYOR IS ABSENT FROM THE CITY OR UNABLE
TO PERFORM THE DUTIES OF THE OFFICE OF THE MAYOR. [Ord. No. 33.73, §0.4, 18 Sept. 1973]
SEC. 231.05 STANDING COMMITTEES OF COUNCILMEMBERS.
(A) COMMITTEE ON ZONING REGULATION.[Ord. No. 33-73, §0.5, 18 Sept 1973]
SEC. 231.07 GENERAL DESCRIPTION OF CITY ORGANIZATION.
(A) PRINCIPAL STAFF UNITS. THE COUNCIL IS ASSISTED
IN THE PERFORMANCE OF ITS RESPONSIBILITIES BY ITS STAFF, WHICH IS
DIVIDED INTO THE FOLLOWING PRINCIPAL UNITS :
(1) OFFICE OF CITY MANAGER.
(2) OFFICE OF CITY CLERK.
(3) OFFICE OF CITY ATTORNEY.
Page 1 of 8 Ord. 33-73
(4) OFFICE OF CITY TREASURER
(5) OFFICE OF CITY ENGINEER.
(6) MINICIPAL COURT.
(7) ADMINISTRATIVE REVIEW JUDGE.
(B) PRINICIPAL ADMINISTRATIVE, REVIEW, AND ADVISORY
BOARDS. THE COUNCIL IS ASSISTED IN THE PERFORMANCE OF ITS RE-
SPONSIBILITIES BY THE FOLLOWING BOARDS :
(1) LIBRARY BOARD (ADMINISTRATIVE AND ADVISORY) .
(2) ZONING BOARD OF ADJUSTMENT (REVIEW) .
(3) BUILDING BOARD OF ADJUSTMENT (REVIEW) .
(4) HOUSING BOARD OF ADJUSTMENT (REVIEW) .
(5) NOISE ABATEMENT BOARD OF ADJUSTMENT (REVIEW) .
(6) ZONING AND PLANNING BOARD (ADVISORY) .
(7) BEAUTIFICATION BOARD (ADVISORY)
(8) RECREATION BOARD (ADVISORY AND ADMINISTRATIVE)
(C) INTER-RELATIONSHIP OF FUNCTIONS AMONG STAFF AND
BOARDS. (RESERVED) . [Ord. No. 33-73, §0.7, 18 Sept. 1973]
OFFICE OF CITY MANAGER
SEC. 231.11 FUNCTIONS OF THE OFFICE. THE CITY MANAGER
IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO THE
COUNCIL. THE CITY MANAGER HAS THE FOLLOWING DUTIES AND RESPONSI-
BILITIES.
(A) TO PROVIDE SUSTAINED ADMINISTRATIVE LEADERSHIP
AND COORDINATION OF STAFF AND BOARD ACTIVITIES IN CARRYING OUT
THE ACTS AND DIRECTIVES OF THE COUNCIL, THROUGH OVERALL SUPER-
VISION AND COORDINATION. IN THIS CAPACITY, HE COORDINATES THE
ACTIVITIES OF STAFF AND BOARDS TO ASSURE THAT ADEQUATE INFORMATION
AND RECOMMENDATION IN IMPORTANT AREAS ARE EXPEDITIOUSLY CONSIDERED
BY THE STAFF AND BOARDS, AND BROUGHT PROMPTLY TO THE ATTENTION OF
THE COUNCIL .
(B) TO REVIEW WITH THE COUNCIL AND WITH HEADS OF THE
SEVERAL BOARDS AND OFFICES , THE PROGRAMS AND PROJECTS OF THE CITY
AND TO MAKE RECOMMENDATIONS THEREON AS MAY BE NECESSARY TO ADMIN-
ISTER THE CITY MOST EFFECTIVELY IN THE PUBLIC INTEREST.
{
Page 2 of 8 Ord. 33-73
(C) TO ASSIST THE MAYOR IN CARRYING OUT THE ADMINIS-
TRATIVE AND EXECUTIVE RESPONSIBILITIES DELEGATED TO THE MAYOR AND,
IN CONNECTION THEREWITH, TO PLAN, DIRECT, COORDINATE , AND MANAGE
THE ADMINISTRATIVE AFFAIRS OF THE COUNCIL.
(D) TO PREPARE THE ANNUAL BUDGET IN CONJUNCTION WITH
THE CITY TREASURER, WITH THE ASSISTANCE OF ALL OFFICES AND BOARDS.
(E) TO DIRECTLY ADMINISTER AND SUPERVISE THE UNITS
OF THE OFFICE .
SEC. 231.13 UNITS OF THE OFFICE .
(A) IMMEDIATE OFFICE OF THE CITY MANAGER.
(B) POLICE DEPARTMENT.
(C) BUILDING DEPARTMENT.
(D) WASTE WATER TREATMENT DEPARTMENT.
(E) MAINTENANCE DEPARTMENT.
(F) ROAD AND HIGHWAY DEPARTMENT.
SEC. 231.15 DEPUTY CITY MANAGER. THE CITY CLERK SHALL
BE THE DEPUTY CITY MANAGER WHO SHALL ACT FOR THE CITY MANAGER
DURING SICKNESS OR ABSENCE OF THE CITY MANAGER AND BE RESPONSIBLE
FOR THE FUNCTIONS OF THE OFFICE.
OFFICE OF THE CITY CLERK
SEC. 231.21 FUNCTIONS OF THE OFFICE. THE CITY CLERK
IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO THE
COUNCIL. THE CITY CLERK HAS THE FOLLOWING DUTIES AND RESPONSI-
BILITIES :
(A) PURSUANT TO §119 . 021 , FLORIDA STATUTES, AND THE
t CITY CHARTER, TO BE CUSTODIAN OF ALL PUBLIC RECORDS OF THE CITY
AS DEFINED IN §119 . 011 , FLORIDA STATUTES, AND THE SEAL OF THE
CITY.
(B) TO BE SECRETARY OF THE COUNCIL AND PERFORM THOSE
DUTIES SPECIFIED IN THE COUNCIL RULES OF PROCEDURE .
(C) TO FUNCTION AS SUPERVISOR OF ELECTIONS PURSUANT
TO THE FLORIDA ELECTION CODE.
(D) TO ISSUE ALL LICENSES AND INSTRUMENTS OF AUTHOR-
ITY IN ACCORDANCE WITH THE LAWS AND PROCEDURES OF THE CITY, EXCEPT
FOR THOSE OF COURT .
(E) TO DIRECTLY ADMINISTER AND SUPERVISE THE UNITS
OF THE OFFICE.
Page 3 of 8 Ord . 33-73
SEC. 231.23 UNITS OF THE OFFICE.
(A) IMMEDIATE OFFICE OF THE CITY CLERK.
SEC. 231.25 DEPUTY CITY CLERK. THE COUNCIL SHALL
APPOINT ONE OR MORE DEPUTY CITY CLERKS WHO SHALL ACT FOR THE CITY
CLERK DURING SICKNESS OR ABSENCE OF THE CITY CLERK AND BE RESPONSI-
BLE
FOR THE FUNCTIONS OF THE OFFICE .
OFFICE OF CITY ATTORNEY i
SEC. 231.31 FUNCTIONS OF THE OFFICE . THE CITY ATTORNEY
IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO THE
COUNCIL. THE CITY ATTORNEY HAS THE FOLLOWING DUTIES AND RESPONSI-
1
BILITIES:
(A) TO ADVISE AND REPRESENT THE COUNCIL IN MATTERS
OF LITIGATION.
(B) TO ADVISE AND MAKE RECOMMENDATIONS TO THE COUNCIL
WITH RESPECT TO PROPOSED LEGISLATION AND TO COORDINATE THE PRE-
PARATION OF COUNCIL VIEWS ON PROPOSED OR CURRENT FLORIDA OR
FEDERAL LAW.
(C) TO INTERPRET FLORIDA OR FEDERAL LAW.
(D) TO PREPARE AND MAKE RECOMMENDATIONS AND INTER-
PRETATIONS CONCERNING PROCEDURAL RULES , TO PREPARE ORDINANCES AND
RESOLUTIONS ON REQUEST OF COUNCIL AND BOARDS , AND TO REVIEW ALL
ORDINANCES FOR CONSISTENCY, UNIFORMITY, AND LEGAL SUFFICIENCY.
(E) TO CONDUCT RESEARCH IN LEGAL MATTERS AS DIRECTED
BY THE COUNCIL.
(F) TO PERFORM ALL LEGAL FUNCTIONS WITH RESPECT TO
LEASES , CONTRACTS , TORT CLAIMS AND SUCH OTHER INTERNAL LEGAL
PROBLEMS AS MAY ARISE.
(G) TO DIRECTLY ADMINISTER AND SUPERVISE THE UNITS
OF THE OFFICE .
SEC. 231.33 UNITS OF THE OFFICE.
(A) IMMEDIATE OFFICE OF THE CITY ATTORNEY.
SEC. 231.35 DEPUTY CITY ATTORNEY. THE COUNCIL SHALL
APPOINT A DEPUTY CITY ATTORNEY WHO SHALL ACT FOR THE CITY ATTORNEY
DURING SICKNESS OR ABSENCE OF THE CITY ATTORNEY AND SHALL BE
RESPONSIBLE FOR- THE FUNCTIONS OF THE' OFFICE.
Page 4 of 8 Ord . 33-73
OFFICE OF CITY TREASURER
SEC. 231.41 FUNCTIONS OF THE OFFICE . THE CITY TREAS-
URER IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO
THE COUNCIL. THE CITY TREASURER HAS THE FOLLOWING DUTIES AND
RESPONSIBILITIES :
(A) TO RECEIVE ALL MONEYS AND FUNDS COMING" IN OR
BELONGING TO THE CITY FOR TAXES , LICENSES, PERMITS, FINES AND
FROM ANY AND ALL SOURCES WHATEVER, AND KEEP A FAITHFUL AND STRICT
ACCOUNT OF ALL SUCH MONEYS AND FUNDS, AND PAY SAME OUT ONLY UPON
THE ORDER OF THE CITY COUNCIL, MADE IN PURSUANCE OF LAW AND
ORDINANCE.
(B) TO KEEP A STRICT ACCOUNT OF EACH FUND SEPARATE
AND AS DIRECTED BY THE COUNCIL.
(C) TO PREPARE ALL CHECKS AND VOUCHERS TO BE DRAWN
ON THE CITY DEPOSITORIES, AND SIGN THE SAME AND PRESENT SUCH
CHECKS TO THE MAYOR, OR IN HIS ABSENCE TO THE MAYOR PRO-TEM, TO
BE COUNTERSIGNED AS PROVIDED HEREIN.
(D) TO COLLECT MONEYS PURSUANT TO DIRECTIVE OF THE
COUNCIL.
(E) TO PERFORM IN CONJUNCTION WITH THE CITY MANAGER
IN PREPARATION OF THE ANNUAL BUDGET WITH THE ASSISTANCE OF ALL
OFFICES AND BOARDS , AND TO MAKE AVAILABLE A MONTHLY REPORT OF
INCOME AND EXPENDITURES RELATIVE TO THE CURRENT BUDGET.
(F) TO DIRECTLY ADMINISTER AND SUPERVISE THE UNITS
OF THE OFFICE.
SEC. 231.43 UNITS OF THE OFFICE.
(A) . IMMEDIATE OFFICE OF THE CITY TREASURER.
(B) COLLECTION DIVISION.
SEC. 231.45 DEPUTY CITY TREASURER. THE COUNCIL SHALL
APPOINT A DEPUTY CITY TREASURER WHO SHALL ACT FOR THE CITY TREAS-
URER DURING SICKNESS OR ABSENCE OF THE CITY TREASURER AND SHALL BE
RESPONSIBLE FOR THE FUNCTIONS OF THE OFFICE.
OFFICE OF CITY ENGINEER
SEC. 231. 51 FUNCTION OF THE OFFICE . THE CITY ENGINEER
IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO THE
COUNCIL . THE CITY ENGINEER HAS THE FOLLOWING DUTIES AND RESPON-
SIBILITIES :
Page 5 of 8 Ord . 33-73
(A) TO CONDUCT RESEARCH IN ENGINEERING MATTERS -
AS DIRECTED BY THE COUNCIL .
(B) TO PERFORM ALL ENGINEERING FUNCTIONS WITH RESPECT
TO PUBLIC WORKS OPERATIONS, BUILDING AND PLANNING REVIEW, AND SUCH
INTERNAL ENGINEERING PROBLEMS AS MAY BE DIRECTED BY COUNCIL. `"
(C) TO DIRECTLY ADMINISTER AND SUPERVISE THE UNITS
OF THE OFFICE .
SEC. 231. 53 UNITS OF THE OFFICE.
(A) IMIMEDIATE OFFICE OF THE CITY ENGINEER.
MUNICIPAL COURT
SEC. 231.81 GENERAL AUTHORITY. THE MINICIPAL COURT IS
A PERMANENT BODY WITH CONTINUING FUNCTIONS. IT HAS JURISDICTION
OVER ALL OFFENSES WHICH ARE NOT FELONIES COMMITTED WITHIN THE
CITY. THE RULES OF THE COURT SHALL BE THE RULES OF CRIMINAL
PROCEDURE OF THE STATE OF FLORIDA.
SEC. 231.83 OFFICERS OF THE COURT.
(A) JUDGE.
(B) ASSOCIATE JUDGE .
(C) PROSECUTOR.
(D) ASSISTANT PROSECUTOR.
(E) PUBLIC DEFENDER .
(F) ASSISTANT PUBLIC DEFENDER
(G) CLERK
(H) DEPUTY CLERK
SEC. 231.85 ALTERNATE OFFICERS. AT ANY TIME THE JUDGE,
PROSECUTOR, PUBLIC DEFENDER, OR CLERK ARE NOT AVAILABLE TO SERVE
AS OFFICERS OF THE COURT, THE ASSOCIATE JUDGE , ASSISTANT PROSECUTOR,
ASSISTANT PUBLIC DEFENDER, OR DEPUTY CLERK, SHALL SERVE RESPECTIVELY.
ADMINISTRATIVE REVIEW JUDGE
SEC. 231.91 GENERAL AUTHORITY. THE AUTHORITY AND RE-
LATED FUNCTIONS OF THE OFFICE SHALL BE AS SET FORTH IN Chap 361.
LIBRARY BOARD
SEC . 231.101 GENERAL AUTHORITY. THE AUTHORITY AND RE-
LATED FUNCTIONS OF THE LIBRARY BOARD SHALL BE AS SET FORTH IN Chap 253.
Page 6 of 8 Ord. 33-73
ZONING BOARD OF ADJUSTMENT
SEC. 231.111 GENERAL AUTHORITY. THE AUTHORITY AND
RELATED FUNCTIONS OF THE ZONING BOARD OF ADJUSTMENT SHALL BE AS
SET FORTH IN Chap 259.
BUILDING BOARD OF ADJUSTMENT
SEC. 231. 121 GENERAL AUTHORITY. THE AUTHORITY" AND
RELATED FUNCTIONS OF THE BUILDING BOARD OF ADJUSTMENT SHALL BE AS
SET FORTH IN Chap 611.
HOUSING BOARD OF ADJUSTMENT
SEC. 231.131 GENERAL AUTHORITY. THE AUTHORITY AND
RELATED FUNCTIONS OF THE HOUSING BOARD OF ADJUSTMENT SHALL BE
AS SET FORTH IN Chap 619.
ZONING AND PLANNING BOARD
SEC. 231.151 GENERAL FUNCTIONS. THE FUNCTIONS OF THE
ZONING AND PLANNING BOARD SHALL BE AS SET FORTH IN Chap 259.
BEAUTIFICATION BOARD
SEC. 231.161 GENERAL FUNCTIONS. THE FUNCTIONS OF THE
BEAUTIFICATION BOARD SHALL BE AS SET FORTH IN CHAP 251.
RECREATION BOARD.
SEC . 231.171 GENERAL FUNCTIONS. TIE FUNCTIONS OF THE
RECREATION BOARD SHALL BE AS SET FORTH IN Chap 255.
PART B - DELEGATIONS OF AUTHORITY
(RESERVED)
Page 7 of 8 Ord. 33-73
AMENDED ON SECOND READING.
Page 8 of 8 Ord. 33-73