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HomeMy WebLinkAboutCode Master Project 1978: Chapter 271: Council ProceduresCodified Nov 88 311 ORDINANCE NO. 7-88 AN ORDINANCE PROVIDING COMPENSATION FOR THE MAYOR AND CITY COUNCIL MEM- BERS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDNG AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Cape Canaveral provides in Article III, Section 3 for the compensation of the Mayor and Council Members; and WHEREAS, compensation for the Mayor and Council Members was established by adoption of Ordinance No. 14-73; and WHEREAS, said compensation was eliminated by the adoption of Ordinance No. 25-87; and WHEREAS, it is now the desire of the Mayor and Council Members to once again provide said compensation; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Ordinance No. 25-87 is hereby repealed in its entirety. SECTION 2. The compensation for the Mayor of the City of Cape Canaveral shall be $1,600.00 per year. SECTION 3. The compensation for the members of the City Council of the City of Cape Canaveral shall be $1,200.00 per year. SECTION 4. All portions of the Code in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaverl, Florida, this 7th day of June , 1988. [signature] Mayor ATTEST: [singature] City Clerk Approved as to Form: [signature] City Attorney First Reading: 5-17-88 Posted: 5-18-88 Advertised: 5-19-88 Second Reading: 6-07-88 NAME YES NO HOOG NO KIDD YES LEE NO MILLAR YES RANDELS YES 149 § 311. 01 COUNCIL COMPENSATION § 311. 02 CHAPTER 311 COUNCIL COMPENSATION Sec. 311. 01 Compensation for Mayor. 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 $1, 600 . 00 per year. [Ord. No. 14-73, § 1, 3 Apr 1973; Ord. No. 25-87, §1, 1 Sep 87; Ord. No. 7-88, §1, 7 Jun 88] Sec. 311. 02 Compensation for Council Members other than Mayor. 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 Canav- eral shall be $1, 200 . 00 per year. [Ord. No. 14-73 , § 2 , 3 Apr 1973; Ord. No. 25-87, §1, 1 Sep 87; Ord. No. 7-88, §1, 7 Jun 88] Art. XVII CAPE CANAVERAL CHARTER Art. XVII 44 6. Such other supporting schedules as the Council may deem necessary. Sec. 4 Public Hearing on Budget Required. A public hearing on the budget shall be held before its final adopt- ion, at such time and place as the Council may direct, and notice of such public hearing shall be published in a news- paper of general circulation in conformance with applic- able 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. 22-87 , 20 Oct 87] Sec. 5 Adoption of Budget. Not later than the second regular meeting in the month of September, the Council shall, by resolution, adopt the budget for the next fiscal year, and shall, in such resolution, make an appropriation for the money needed for municipal purposes during the ensuing fiscal year of the City. Should the Council take no final action during or prior to said meeting, the budget as submitted shall be deemed to have been finally adopted by the Council. Sec. 6 Expenditures Limited to Budget. No money shall be drawn from the treasury of the City nor shall any obligation for the expenditure of money be incurred, except pursuant to the budget appropriation . The Council may transfer any unencumbered appropriation balance or any portion thereof, from one department, fund or agency to another. The balance in any appropriation which has not been encumbered at the end of the fiscal year shall revert to the general fund and be reappropriated during the next fiscal year. Sec. 7 Quarterly Review of Budget Required. At the beginning of each quarterly period during the fiscal year, and more often if required by the Council, the City Treasurer shall submit to the Council data showing the relation between the estimated and actual income and expense to date. If it shall appear that the income is less than anticipated, the Council shall reduce appropri- ations, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the income. Sec. 8 Deposit of City Money and Security Required. The Council shall designate the depository or depositories for City funds; shall provide for the regular deposit of all City moneys, and shall provide for the proper security of all City deposits . PAGE REVISED 20 OCT 87 Codify Codified 4-22-82 ORDINANCE NO. 2-82 AN ORDINANCE AMENDING CODE CHAPTER 271 "COUNCIL PROCEDURE" OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 271. 12 SERGEANT-AT-ARMS; BY REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Section 271.12 "Sergeant-At-Arms", is hereby repealed in its entirety and replaced with the following subsection: The Chief Law Enforcement Officer, or such other City Official or Employee as the Chief 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 purpose of maintaining order and decorum at the meeting. The Sergeant-At-Arms shall be present at regular council meetings when so requested by any member of the City Council or by the City Manager. Ecrd . Jo . SECTION 2. All portions of the code in conflict herewith are hereby repealed. SECTION 3. This Ordinance will take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of February , 1982. [signature] Mayor ATTEST: [signature & seal] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO CALVERT YES HARRIS YES MURPHY NO NICHOLAS NO RUTHERFORD YES First Reading 1/19/82 Posted: 1/20/82 Advertised: 1/25/82 Second Reading: 2/2/82 Code Copy Ch 271 ORDINANCE NO. 16-75 10 Jun 1975 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; 5-73 AS AMENDED, WHICH ORDINANCE ESTABLISHES RULES AND PROCEDURES, IS HEREBY AMENDED AS -FOLLOWS: (4) SUB-CHAPTER (c) OF GENERAL 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 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 OF 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. [signature] MAYOR ATTEST: [signature & seal] CITY CLERK APPROVED AS TO FORM: [signature] CITY ATTORNEY FIRST READING: 5-6-75 POSTED: 5-7-75 SECOND READING: 6-10-75 ADVERTISED: 5-10-75 NAME YES NO ABS MACLAY YES NICHOLAS YES RHAME YES SALVAGGIO YES THURM YES Chap 271 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: 5-73 AS AMENDED, WHICH ORDINANCE ESTABLISHES RULES AND PROCEDURES , IS HEREBY AMENDED AS FOLLOWS: (4) SUB-CHAPTER (c) OF GENERAL 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 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 OF 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. [signature] MAYOR ATTEST: [signature & seal] CITY CLERK APPROVED AS TO FORM: [signature] CITY ATTORNEY FIRST READING: 5-6-75 POSTED: 5-7-75 SECOND READING: 6-10-75 ADVERTISED: 5-10-75 NAME YES NO ABS MACLAY YES NICHOLAS YES RHAME YES SALVAGGIO YES THURM YES Sec Ch. 271 CC R of P ORDINANCE 33-74 7 Jan 75 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 PROCEDURES* REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. *AMENDED PROVISIONS FOR WORKSHOP MEETING PROCEDURES 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 folllows: (1) General Rule 1.02, entitled "Regular meetings, is hereby deleted from Section 1 of Ordinance No.. 5-73, and the following sub-section substituted therefor: 271.02 Regular Meetings The City Council shall hold regular meetings . , the first fout 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-Aeity of Cape Canaveral, Florida, or in. suclyother 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 1 of Ordinance No. 5-73, **"and the following sub-section substituted therefor: *AMENDED AT 2ND READING 271.04 WORKSHOP MEETINGS Workshop meetings may be held by the City Council at 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: 271. 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. [cutoff text] initiated by a member of the Council or the City Attorney. (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) Allydinances and resolutions prepared shall be filegrwith the City Clerk and a permanent reference number assigned prior to consideration by the Council at any regular meeting. A copy of the proposed 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. (4) Sub-chapter (c) of General 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 new sub- chapter substituted therefor: 271.06 Preparation 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 regular 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: 271.14 Minutes **AMENDED ON 2ND ** Reading of minutes shall be required prior to 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 correctec 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 January , 1975. [signature[ MAYOR ATTEST: [signature & seal] City Clerk Approved as to Form: [signature] City Attorney First reading: 12/17/74 Second reading: 1/7/75 Advertised: 12/23/74 Posted: 12/18/74 NAME YES NO MACLAY YES NICHOLAS YES RHAME YES SALVAGGIO YES [cutoff text] YES ORDINANCE NO. 35-74 Chap 271 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 PROCEDURES* REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. *AMENDED PROVISIONS FOR WORKSHOP MEETING PROCEDURES 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 folliows: (1) General 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 foul 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 1 of Ordinance No. 5-73, **"and the following sub-section substituted therefor: *AMENDED AT 2ND READING 1.04 WORKSHOP MEETINGS Workshop meetings may be held by the City Council at 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. initiated by a member of the Council or the City Attorney. (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 resolucions 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 of the proposed 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. (4) Sub-chapter (c) of General 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 new sub- chapter substituted therefor: 1.06 Preparation and Notice of Agenda (c) All items;eto be placed on the agenda mast 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 regular 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 ** Reading of minutes shall be required prior to 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 corrected 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 January , 1975. [signature] MAYOR Attest: [signature & seal] City Clerk Approved as to Form: [signature] City Attorney First reading: 12/17/74 Second reading: 1/7/75 Advertised: 12/23/74 Posted: 12/18/74 NAME YES NO MACLAY YES NICHOLAS YES RHAME YES SALVAGGIO YES [cutoff text] YES ORDINANCE NO. 15-76 27 Jul 1976 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: SECTION 1. Ordinance No. 5-73 as amended ,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: 271. 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: 1. 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 he held in the City Hall of the City of Cape Canaveral, Florida, and shall be open to the public and press." (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 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 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 on the *Friday 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 are hereby repealed. SECTION 3. This Ordinance shall become effective *August 1, 1976 upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 27 day of July , 1976. [signature] Mayor Attest: [signature & seal] City Clerk Approved as to Form: [signature] City Attorney *Amended on second reading. First Reading: July 13, '76 Posted: July 13, 1976 Second reading: July 27, 1976 Advertised: July 19, 1976 NAME YES NO NICHOLAS YES HOOG YES MURPHY YES SALVAGGIO YES THURM YES ORDINANCE 15-76 PAGE 2 OF 2 Chap 271 ORDINANCE NO. 15-76 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: SECTION 1. Ordinance No. 5-73, as amended, 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: "1. 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. " (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 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 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 on the *Friday 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 are hereby repealed. SECTION 3. This Ordinance shall become effective *August 1, 1976 upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 27 day of July , 1976. [signature] Mayor Attest: [signature] City Clerk Approved as to Form: [signature] City Attorney *Amended on second reading First Reading: July 13, '76 Posted: July 13, 1976 Second reading: July 27, 1976 Advertised: July 19, 1976 NAME YES NO NICHOLAS YES HOOG YES MURPHY YES SALVAGGIO YES THURM YES ORDINANCE 15-76 PAGE 2 OF 2 ORDINANCE NO. 3-80 AN ORDINANCE AMENDING CHAPTER 271, COUNCIL PROCEDURES, OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING PROCEDURES FOR THE READLNG OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETINGS BY REPEALING ALL SECTIONS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, as follows: SECTION 1. Chapter 271, Council Procedures, of the Code of the City of Cape Canaveral, Florida is hereby amended so as to delete: "Section 271.14 Minutes. Reading of minutes shall be required prior to adoption. The City Clerk shall have available to each member of the Council and to the City Attorney, copies of such minutes at least twenty-four (24) hours preceding the next regular meeting. The minutes of a meeting shall be approved and/or corrected by a majority of the members present upon such approval shall become the official minutes. (Ord. No. 35-74 § 1, 7 Jan 1975) ." and the following section is hereby added: - ) this put in code during retyping in 1981 "Section 271.14 Minutes. The minutes of the previous regular meeting of the City Council may be read in their entirety unless they are waived. The City Clerk shall have available to each member of the Council and to the City Attorney a copy of such minutes at least twenty-four (24) hours preceding the next regular meeting. There shall be copies of the minutes posted on the bulletin board and copies available for the citizens to examine at the City meeting. The minutes of the meeting shall be approved and/or corrected by a majority of the members present and upon such approval shall become the official minutes." SECTION 2. All portions of the Code in conflict with this Section 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 February, 1980. [signature] Mayor Attest: [signature & seal] City Clerk Approved as to Form: [signature] City Attorney First Reading: 2-5-80 Posted: 2-6-80 Advertised: 2-11-80 Second Reading: 2-19-80 NAME YES NO BOYD YES CALVERT [didn't vote] LEE YES MURPHY YES RUTHERFORD YES Chap 271 INDEX TO COUNCIL RULES OF PROCEDURE GENERAL RULES § 271. 01 Robert's Rules to Govern INITIATION AND NOTICE OF MEETINGS Z71. 02 Regular Meetings § 271. 03 Special Meetings § 271. 04 Workshop Meetings INITIATION AND NOTICE OF MATTERS BEFORE COUNCIL § 271. 05 Preparation of Ordinances and Resolutions § 271. 06 Preparation and Notice of Agenda OFFICERS AND OFFICIALS AT MEETINGS § 271. 07 Presiding Officer § 271. 08 Council Members § 271. 09 City Clerk § 271. 10 City Manager § 271. 11 City Attorney § 271. 12 Sergeant-at-Arms CONDUCT OF MEETINGS § 271. 13 Call to Order; Quorum; Roll Call § 271. 14 Minutes § 271. 15 Consideration of Matters Before Council § 271. 16 Adoption § 271. 17 General Discussion § 271. 18 Adjournment GENERAL RULES Sec. 271. 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 (75th Anniversary Edition) in all cases to which they are applicable. [Ord. No. 5-73, §1.01, 3 APR 1973] INITLATION AND NOTICE OF MEETINGS Sec. 271. 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 PAGE 1 OF 5 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. [Ord. No. 5-73, §1.02, 3 APR. 1973] Sec. 271 .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 . [Ord. No. 5-73, §1.03, 3 APR 1973] Sec. 271 . 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 . [Ord. No. 5-73, §1.03, 3 APR 1973] INITIATION AND NOTICE OF MATTERS BEFORE COUNCIL Sec. 271 . 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 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 educed to writ- ing and shall be approved as to form and legalit 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. [Ord. No. 5-73, §1.05, 3 APR 1973] Sec. 271 . 06 Preparation and Notice of Agenda (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 Manager . PAGE 2 OF 5 Sec. 272.12 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. [Ord. No. 5-73, § 1.12, 3 APR. 1973 CONDUCT OF MEETINGS Sec. 271.13 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- ever shall 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. [Ord. No. 5-73, §1.13, 3 APR 1973] Sec. 271.14 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 sub-section §271.05 (d) above . The minutes of a meeting be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. [Ord. No. 5-73, §1.14, 3 APR. 1973] Sec. 271.15 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 council members present have first consented to the presentation thereof for consideration and action. (b) All items of business shall be considered in accordance with the agenda and announced by the presiding officer . . Any motion shall then be appropriate . (c) When a motion is presented and seconded , it is under con- sideration and no other motion shall be received thereafter, except to adjourn to recess , 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 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 business under consideration and is significantly informative to the Council. PAGE 4 OF 5 (c) All items to be placed on the agenda must be filed with the City Clerk prior to or during the workshop meeting. (See 51 . 04 above) In the event that the workshop me ting 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 §271.17 below) (e) The agenda for all meetings sha 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 Sec. 271.07 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. [Ord. No. 5-73, §1.07, 3 APR. 1973] Sec. 271.09 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 [Ord. No. 5-73, §1.03, 3 APR. 1973] Sec. 271.10 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. [Ord. No. 5-73, §1.10, 3 APR. 1973] Sec. 271.11 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 m etings and advise and assist the presiding officer in matters of parliamentary law. [Ord. No. 5-73, §1.10, 3 APR. 1973] PAGE 3 OF 5 Sec. 271.06 COUNCIL MEMBERS AREAS OF INTEREST. EACH COUNCIL MEMBER SHALL BE A SOURCE OF INFORMATION TO THE COUNCIL IN IHIS AREA OF PRIMARY INTEREST . THE INTENT OF THIS RULE IS NOT TO PREVENT ANY COUNCILMAN FROM EXECUTING HIS RIGHTS AND PREROGATIVES f OF OFFICE, BUT RATHER TO PERMIT AN ORDERLY DIVISION OF INTERESTS AMONG THE COUNCILMEN. THE AR AS 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- MEN'I' AND FIRE INSPECTOR, LAW, COMMUNICATIONS , CITY CLERK, CITY TREAS- 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 GENERAL CITY ELECTION, THE COUNCIL , BY MAJORITY VOTE, SHALL ASSIGN THE PROCEDING AREAS OF PRIMARY INTEREST TO ITS INDIVIDUAL MEMBERS . (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 orthrough 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. [Ord. No. 5-73, §1.15, 3 APR. 1973] Sec. 271.17 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 §271.15 (g) and (h) shall apply. [Ord. No. 5-73, §1.17, 3 APR. 1973] Sec. 271.18 Adjournment A motion to adjourn shall always be in order and decided with- out debate. [Ord. No. 5-73, §1.18, 3 APR. 1973] PAGE 5 OF 5 Sec. 271.16 ADOPTION. UPON CESSATION OF DISCUSSION IF CALLED, THE MOTION SHALL BE RESTATED BY THE PRESIDING OFFICER AND EACH COUNCIL MEMBER IN ALPHABETICAL ORDER OF LAST NAME, SHALL VERBALLY STATE "FOR" OR AGAINST" THE MOTION. THE CLERK SHALL RECORD THE VOTEOF EACH COUNCIL MEMBER BOTH IN THE MINUTES AND UPON THE RESOLUTION OR ORDINANCE . THE PRE- t SIDING OFFICER SHALL DECLARE THE STATUS OF THE MOTION AFTER A VOTE HAS BEEN TAKEN. 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. Chap 271 Tina, change as indicated (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. " Iis 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, and shall be approved as to form and legality by** the City Attorney prior to consideration by the Council at any meeting. " **AND HIS SIGNATURE AFFIXED