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HomeMy WebLinkAboutCity Code Revisions - September 1991 & December 1992Revisions to City Charter- Dec. 1992 12/1/92- City Clerk's office (3) City Atty.- Kevin Markey John Kancilia City Mgr. Mayor & Council JS, JP, RA, JC, RR Bldg. Dept. (5) CEB (9)- M.Russell J. Benson T. Beasley J. Okell G. Reimer C. Warner G. Phillips W. Godfrey M. Sheffield Mailing List- ( 3 copies) Finance Director Sheriff's Dept. (4 copies) Recreation Director Library (2 copies ) PW Director (2 copies) Please add Jan Porter to future up-dates CITY OF CAPE CANAVERAL CODE BOOK DISTRIBUTION - NO CHARGE FOR UPDATES 1. State Attorney' s Office 1040 S . Florida Avenue 9-24-91 -12/1/92 Rockledge , FL 32955 2 . George McFarland Brevard County Law Library 506 S . Palm Avenue Titusville , FL 32796 New Book 9-24-91 -12/1/92 3 . Central Brevard Library Documentation Librarian 308 Forrest Avenue 9-24-91 12/1/92 Cocoa, FL 32922 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to pub- lish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7. Effective Date of Ordinances . Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The require- ments as to signature herein provided, shall not affect the date at which the ordinance shall become effective . Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privi- leges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws . That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures . The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be adminis- tered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books , papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. { Old Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible { wording to hold a salaried position with the City of Cape Canaveral. Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections to be posted at least once, together with a Notice of the Council meeting when such amended ordinance will be further considered, which post- ing shall be for a period of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions. The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4. Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances, and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever, in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance. 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance, and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the bulletin board at City Hall for a period of ten (10) days . However, all ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time- in a newspaper- of. general circulation in the City and published. in Brevard County. Except as to ordinances; levying taxes it; shall not be necessary to publish,: the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are_ hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts 'of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold New wording as voted on by referendum -11/3/92 _______-_-_> REVISED PAGE -----> next page 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council- shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because ,of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper city officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratu- ities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec . 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor ' s approval. Filed in Office Secretary of State May 16 , 1963] [sticky note saying old pages Revised - 12/1/92] Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis- qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un- impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liabilities. No suit shall be maintained against the City of Cape Canaveral for dam- ages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge , street, waterworks , electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed neg- ligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was , within thrity (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees , and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 CITY OF FAX 407/799-3170 CAPE CANAVERAL MEMO TO: All Holders of the City of Cape Canaveral Code of Ordinances Books FROM: Faith G. Miller, City Clerk [initials] DATE: December 1, 1992 SUBJECT: REVISION OF CITY CHARTER Attached please find revised pages to the City of Cape Canaveral City Charter (Blue Book) . This revision includes the approved wording of Article XXIV, Section 8, Nepotism, in accordance with the referendum election held on November 3 , 1992 . Please remove and destroy the last two (2) double-sided pages of the City Charter in your Code book and replace with the attached revised pages. The first page to be replaced begins with the wording "caused the amended sections to be posted. . . " . The last page to be replaced ends with "Sec. 14" . Further revisions will be prepared in the near future. If you should have any questions, please contact my office at 868- 1221. Thank you. fgm Attachments PRINTED ON RECYCLED PAPER Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections to be posted at least once, together with a Notice of the Council meeting when such amended ,ordinance will be further considered, which post- ing shall be for a period of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions . The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4 . Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances , and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, 'provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever , in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance. 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance, and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the bulletin board at City. Hall for a period of ten (10) days. However, all ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral . No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council . Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances . All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 City of Cape Canaveral 105 POLK AVENUE •P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 CITY OF FAX 407/799-3170 CAPE CANAVERAL MEMO TO: All Holders of the City of Cape Canaveral Code of Ordinances Books FROM: Faith G. Miller, City Clerk [initials] DATE: December 1, 1992 SUBJECT: REVISION OF CITY CHARTER Attached please find revised pages to the City of Cape Canaveral City Charter (Blue Book) . This revision includes the approved wording of Article XXIV, Section 8, Nepotism, in accordance with the referendum election held on November 3 , 1992 . Please remove and destroy the last two (2) double-sided pages of the City Charter in your Code book and replace with the attached revised pages. The first page to be replaced begins with the wording "caused the amended sections to be posted. . . " . The last page to be replaced ends with "Sec. 14" . Further revisions will be prepared in the near future. If you should have any questions, please contact my office at 868- 1221. Thank you. fgm Attachments PRINTED ON RECYCLED PAPER Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections, to be posted at least once, together with a Notice of the Council meeting when such amended ordinance will be further considered, which post- ing shall be for a period of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions . The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4 . Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances , and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, 'provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever, in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance. 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance, and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the bulletin board at City Hall for, a period of ten (10) days. However,.all ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes -it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any ..such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-317 MEMO TO: All Holders of the City of Cape Canaveral Code of Ordinances Books FROM: Faith G. Miller, City Clerk [initials] DATE: December 1, 1992 SUBJECT: REVISION OF CITY CHARTER Attached please find revised pages to the City of Cape Canaveral City Charter (Blue Book) . This revision includes the approved wording of Article XXIV, Section 8, Nepotism, in accordance with the referendum election held on November 3, 1992 . Please remove and destroy the last two (2) double-sided pages of the City Charter in your Code book and replace with the attached revised pages. The first page to be replaced begins with the wording "caused the amended sections to be posted. . . " . The last page to be replaced ends with "Sec. 14" . Further revisions will be prepared in the near future. If you should have any questions, please contact my office at 868- 1221. Thank you. fgm Attachments PRINTED ON RECYCLED PAPER Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections- to be posted at least once, together with a Notice of the Council meeting when such amended ordinance will be further considered, which post- ing shall be for a period of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions. The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4 . Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances , and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever, in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance. 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance , and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the bulletin board at City- Hall for a_period of ten (10) days. However, all ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council . Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 MEMO TO: All Holders of the City of Cape Canaveral Code of Ordinances Books FROM: Faith G. Miller, City Clerk[initials] DATE: December 1 1992 SUBJECT: REVISION OF CITY CHARTER Attached please find revised pages to the City of Cape Canaveral City Charter (Blue Book) . This revision includes the approved wording of Article XXIV, Section 8, Nepotism, in accordance with the referendum election held on November 3 , 1992 . Please remove and destroy the last two (2) double-sided pages of the City Charter in your Code book and replace with the attached revised pages. The first page to be replaced begins with the wording "caused the amended sections to be posted. . . " . The last page to be replaced ends with "Sec. 14" . Further revisions will be prepared in the near future. If you should have any questions, please contact my office at 868- 1221. Thank you. fgm Attachments PRINTED ON RECYCLED PAPER Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections to be posted at least once, together with a Notice of the Council meeting when such amended ordinance will be furtherconsidered, which post- ing shall be for a period of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions . The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4 . Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances , and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever, in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance. 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however , failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance , and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the- bulletin board at City Hall- for a tax period of ten (10) days. However, all ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval . Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 MEMO TO: All Holders of the City of Cape Canaveral Code of Ordinances Books FROM: Faith G. Miller, City Clerk [initials] DATE: December 1, 1992 SUBJECT: REVISION OF CITY CHARTER Attached please find revised pages to the City of Cape Canaveral City Charter (Blue Book) . This revision includes the approved wording of Article XXIV, Section 8 , Nepotism, in accordance with the referendum election held on November 3 , 1992 . Please remove and destroy the last two (2) double-sided pages of the City Charter in your Code book and replace with the attached revised pages. The first page to be replaced begins with the wording "caused the amended sections to be posted. . . " . The last page to be replaced ends with "Sec. 14" . Further revisions will be prepared in the near future. If you should have any questions, please contact my office at 868- 1221. Thank you. fgm Attachments PRINTED ON RECYCLED PAPER Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections to be posted at least once, together with a Notice of the Council meeting when such amended ordinance will be further considered, which post- ing shall be for a period- of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions . The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4 . Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances , and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever, in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance. 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance, and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the- bulletin board at City Hall for a period of ten (10) days. However, all -ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any ..such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 CITY OF CAPE CANAVERAL MEMO TO: All Holders of the City of Cape Canaveral Code of Ordinances Books FROM: Faith G. Miller, City Clerk [initials] DATE: December 1, 1992 SUBJECT: REVISION OF CITY CHARTER Attached please find revised pages to the City of Cape Canaveral City Charter (Blue Book) . This revision includes the approved wording of Article XXIV, Section 8, Nepotism, in accordance with the referendum election held on November 3 , 1992 . Please remove and destroy the last two (2) double-sided pages of the City Charter in your Code book and replace with the attached revised pages. The first page to be replaced begins with the wording "caused the amended sections to be posted. . . " . The last page to be replaced ends with "Sec. 14" . Further revisions will be prepared in the near future. If you should have any questions, please contact my office at 868- 1221. Thank you. fgm Attachments PRINTED ON RECYCLED PAPER Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections to be posted at least once,_, together with a Notice of the Council meeting when such amended ordinance will be further considered, which post- ing shall be for a period- of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions . The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4 . Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances , and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever, in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance . 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance , and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the bulletin board at City Hall for a period of ten (10) days. However, all ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any ..such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 CITY OF FAX 407/799-3170 CAPE CANAVERAL MEMO TO: All Holders of the City of Cape Canaveral Code of Ordinances Books FROM: Faith G. Miller, City Clerk [initials] DATE: December 1, 1992 SUBJECT: REVISION OF CITY CHARTER Attached please find revised pages to the City of Cape Canaveral City Charter (Blue Book) . This revision includes the approved wording of Article XXIV, Section 8 , Nepotism, in accordance with the referendum election held on November 3 , 1992 . Please remove and destroy the last two (2) double-sided pages of the City Charter in your Code book and replace with the attached revised pages. The first page to be replaced begins with the wording "caused the amended sections to be posted. . . " . The last page to be replaced ends with "Sec. 14" . Further revisions will be prepared in the near future. If you should have any questions, please contact my office at 868- 1221 . Thank you. fgm Attachments PRINTED ON RECYCLED PAPER Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections to be posted at least once, together with a Notice of the Council meeting when such amended ordinance will be further considered, which post- ing shall be for a period of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions . The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4 . Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances , and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever, in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance . 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance , and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the bulletin board at City Hall for a period of ten (10) days . However, all ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council . Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval . Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-31 70 MEMO TO: All Holders of the City of Cape Canaveral Code of Ordinances Books FROM: Faith G. Miller, City Clerk [initials] DATE: December 1 1992 SUBJECT: REVISION OF CITY CHARTER Attached please find revised pages to the City of Cape Canaveral City Charter (Blue Book) . This revision includes the approved wording of Article XXIV, Section 8 , Nepotism, in accordance with the referendum election held on November 3 , 1992 . Please remove and destroy the last two (2) double-sided pages of the City Charter in your Code book and replace with the attached revised pages. The first page to be replaced begins with the wording "caused the amended sections to be posted. . . " . The last page to be replaced ends with "Sec. 14" . Further revisions will be prepared in the near future. If you should have any questions, please contact my office at 868- 1221. Thank you. fgm Attachments PRINTED ON RECYCLED PAPER Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections to be posted at least once, together with a Notice of the Council meeting when such amended ordinance will be further considered, which post- ing shall be for a period of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions. The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4 . Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances , and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever , in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance . 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance , and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the bulletin board at City Hall for a period of ten (10) days . However, all ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council , unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida . The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections to be posted at least once, together with a Notice of the Council meeting when such amended ordinance will be further considered, which post- ing shall be for a period of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions . The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4 . Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances , and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever , in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance. 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance, and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the bulletin board at City Hall for a period of ten (10) days . However, all ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV caused the amended sections to be posted at least once, together with a Notice of the Council meeting when such amended ordinance will be further considered, which post- ing shall be for a period of at least five (5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions. The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4 . Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances , and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever , in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance . 5. Execution of Ordinances . Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance, and in the absence of such designation in the ordinance, the method of publication shall be posting a copy thereof on the bulletin board at City Hall for a period of ten (10) days . However, all ordinances levying taxes shall be Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral . No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council . Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City - Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council . Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may makesuch reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable- settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person sha have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice o such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any ..such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral . No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter.--- Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral . No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one ( 1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. X investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council . Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ) REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXI a salaried position with the City of Cape Canaveral . No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or speci district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any ..such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 329201 TELEPHONE 407/783-1100 FAX 407/799-3170 CITY OF CAPE CANAVERAL MEMO TO: All Holders of the City of Cape Canaveral Code of Ordinances Books FROM: Faith G. Miller, City Clerk [initials] DATE: December 1 1992 SUBJECT: REVISION OF CITY CHARTER Attached please find revised pages to the City of Cape Canaveral City Charter (Blue Book) . This revision includes the approved wording of Article XXIV, Section 8 , Nepotism, in accordance with the referendum election held on November 3 , 1992 . Please remove and destroy the last two (2) double-sided pages of the City Charter in your Code book and replace with the attached revised pages. The first page to be replaced begins with the wording "caused the amended sections to be posted. . . " . The last page to be replaced ends with "Sec. 14" . Further revisions will be prepared in the near future. If you should have any questions, please contact my office at 868- 1221 . Thank you. fgm Attachments PRINTED ON RECYCLED PAPER Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV published one (1) time in a newspaper of general circulation in the City and published in Brevard County. Except as to ordinances levying taxes it shall not be necessary to publish the ordinance in a newspaper. The requirement of publication or posting shall not postpone the effective date of such ordinance unless so provided in the ordinance. 7 . Effective Date of Ordinances. Every ordinance shall become effective immediately upon its passage and approval by the City Council, unless the ordinance shall contain a provision fixing a different effective date. The requirements as to signature herein provided, shall not affect the date at which the ordinance shall become effective. Sec. 5 General Statutes of the State of Florida. The City of Cape Canaveral shall have all the power, privileges and provisions of the revised General Statutes of the State of Florida, governing cities and towns, when not in conflict with the terms of this act, and the same are hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State of Florida to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of the City Council, or a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. [Amended by General Election, November 3 , 1992 . ] Sec. 9 Gender. Whenever in this act the masculine personal pronoun is used it shall be considered to mean either masculine or feminine. No woman shall be dis-qualified for any position in the City Government because of her sex. Sec. 10 Continuance of Officers and Ordinances. All officers heretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof, until their successors are elected and qualified or appointed under the provisions of this act. All existing ordinances shall continue in effect and un-impaired until repealed, amended or modified by the municipality which is hereby incorporated. All ordinances or parts of ordinances now in effect which are inconsistent with the provisions of this act are hereby repealed and held void. Any ordinance passed in a manner other than as provided by this act is hereby repealed and held void. Sec. 11 Freedom from Tort Liability. No suit shall be maintained against the City of Cape Canaveral for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, waterworks, electrical plant, municipal docks and terminals, or other public works or diamonds or by reason of any imputed negligence or other tortious action or actions sounding in tort of said City, in any case, unless it shall be made to appear that the damage alleged is attributable to the negligence of the City and that written notice of such damage was, within thirty (30) days after the receiving of the injury alleged, given in writing to the City Council by such injured person, his agent or attorney, with such reasonable specifications as to time and place and witnesses as would enable the proper City officials to REVISED PAGE 12-1-92 Art. XXIV CAPE CANAVERAL CHARTER Art. XXIV investigate the matter. Upon receiving such notice, the City Council shall have the right to investigate the matter, and it may make such reasonable settlement of any such damage as may be agreed upon by the City Council. Sec. 12 Notice of Damage Claim Required. No person shall have a cause of action for damages against the City of Cape Canaveral for damage, injury, death or loss in case of accident, unless such accident shall have been caused by negligence of the City of Cape Canaveral or its duly authorized officials or employees, and unless such negligence was the predominant cause of the injury, death, or loss for which the action was brought, and unless it shall be made to appear that written notice of such damage or loss was, within thirty (30) days after the receiving of the injury alleged, given to the City Council, by such injured person, his agent or attorney, with reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and it may make such reasonable settlement of any such damages as may be agreed upon by the City Council. Sec. 13 Benefit from Contracts Prohibited. No member of the City Council or officer, agent or employee of the City shall benefit, directly or indirectly, in any contract with the City of Cape Canaveral, nor shall such member, officer, agent or employee accept personal gifts, gratuities or services given with the intention of influencing his consideration, vote, action, favor or rendering of service on City matters. Sec. 14 This bill shall take effect immediately upon becoming a law. [Became a law without the Governor's approval. Filed in Office of the Secretary of State on May 16, 1963 . ] REVISED PAGE 12-1-92 Revisions to City Code - Sept. 1991 9-16-91 City Clerk 9-13-91 Office 9-16 Council Chambers 9/27 Word Process Copy See Jan Officical File Copy City Attorney 9-16 Council Chambers CHECKMARK 1-9-16 Office (has 4 copies) Returned 1-9-10-91 9/26 City Manager CHECKMARK Mayor & Council 9/27 Joy Salamone 9/27 John Porter 9/27 Rocky Randels Andy Kedzirski 9/27 Ann Thurm CHECKMARK Building Dept. 9/19 Evelyn Hutcherson } books reviewed in 9/19 Jim Morgan their entirety-ok Tom Kleving Vance Huber 9/23 Susan Nelson- reviewed - inentirety- is ok Sheriff's Dept: (had 4 in 1990) Public Works Supt 1-21-92 1-9/30; Llibrary (2 copies) 9/24 Mailing List (4 copies) (continued) 9-91 updates Page 2 Code Enforcement Board Members 9/20 CHECKMARK Chuck Stenglein 9/20 CHECKMARK Mary Russell 9/20 CHECKMARK George Hutchinson 9/20 CHECKMARK Roy Moeller 9/20 CHECKMARK James Okell 9/27 CHECKMARK Jeanne Benson Jan Porter Gabler 9/20 CHECKMARK Marianne Sheffield 11-21-91 Leon Elderidge (new book) Public Works Director Recreation Director ? 9/19 Finance Director Extra Copies 2 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 CITY OF CAPE CANAVERAL September 12, 1991 MEMORANDUM FROM: Janet S . Leeser, City Clerk RE: REVISIONS TO CITY CODE Attached please find the revisions to the City of Cape Canaveral Code (Blue Book ) which have been adopted by the City Council since January 1990 . Listed below are the steps you need to take to update your copy of the Code Book: 1 . Remove and destroy Code Outline ( 5 pages ) and replace with Contents ( 1 page) . 2 . Remove and destroy entire Chapter 613 , Standard Plumbing Code , (one page) and replace with new page. [Ord. No. 8-90 , 6 Mar 90] 3 . Remove and destroy entire Chapter 614 , Standard Mechanical Code , (one page ) and replace with new page. [Ord. No. 9-90 , 6 Mar 90] 4 . Remove and destroy entire Chapter 615 , Standard Gas Code , (one page ) and replace with new page. [Ord. No. 10-90 , 6 Mar 90] 5 . Remove and destroy Section 617 . 01-Section 617.11 of the Electrical Code (one page ) and replace with new page. [Ord. No. 7-91 , 7 May 91] 6. Remove and destroy entire Chapter 619 , Standard Housing Code , (one page ) and replace with new page. [Ord. No. 11- 90, 6 Mar 90] PRINTED ON RECYCLED PAPER REVISIONS TO CITY CODE September 12, 1991 page 2 7 . Remove and destroy entire Chapter 621 , Fire Prevention Code , (one page ) and replace with new page . [Ord. No. 12-90 , 6 Mar 90] 8 . Remove and destroy entire Chapter 622 , Land Clearings and Land Clearings Burnings (one page ) . [Repealed by Ord. No. 22-90 , 15 May 90] 9 . Remove and destroy entire Chapter 626, Life Safety Code, (one page ) and replace with new page . [Ord. No. 13-90 , 6 Mar 90 ; Ord. No. 3-91 , 19 Feb 91] 10 . Insert new Chapter 659 , Sea Turtle Protection, ( 4 pages ) in appropriate place . [Ord. No. 24-90, 5 Jan 90] 11 . Remove and destroy entire Chapter 671 , Sewer Service , (four pages ) . [This chapter now incorporated in the Land Development Regulations . ] 12. Remove and destroy entire Chapter 701 , Animals Controlled, (one page ) and replace with new page . [Ord. No. 4-91 , 19 Feb 91] Upon completion of these steps , your Code Book will be up-to-date. Please do not hesitate to call me at 868-1221 if you have any questions regarding these revisions . Janet S . Leeser, City Clerk Attachments FILE COPY Code City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 September 16, 1991 MEMORANDUM TO: Mayor and City Council FROM: Jan Leeser , City Clerk RE: UPDATING CODE BOOK AND LAND DEVELOPMENT REGULATIONS Please bring your City Code Book (Blue Book) and the Land Develop- ment Regulations (Green Book) to the Regular Council Meeting tomorrow night and leave with me. We will update both of these documents and return them to you at the Workshop Meeting on September 26th. If you need the books prior to the meeting , you may pick them up in my office (please call to be sure they are complete) . ( Signature ) Jan Leeser , City Clerk jl PRINTED ON RECYCLED PAPER FILE COPY Code City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 CITY OF CAPE CANAVERAL September 16 , 1991 MEMORANDUM TO: Code Enforcement Board Members FROM: Jan Leeser , City Clerk RE: UPDATING CODE BOOK AND LAND DEVELOPMENT REGULATIONS Please leave your City Code Book (Blue Book) and the Land Develop- ment Regulations (Green Book) with Board Secretary, Susan Nelson , after the Code Enforcement Board Meeting on September 19th . We will update both of these documents and return them to you at the next Board Meeting . If you need the books prior to the meeting , you may pick them up in my office after October 1st. [signature] Jan Leeser , City Clerk jl cc: Susan Nelson PRINTED ON RECYCLED PAPER 1991 ORDINANCES 2/19/91 X 3-91 Amending Chapter 626, Life Safety Code, by Adopting 1988 NFPA #101 Code 2/19/91 X 4-91 XAmending Chapter 701, (Code of Ordinances) , Animals Controlled; RE: the Appeal Process 5/7/91 X 5-91 X Establishing Chapter 670, Discharge of Waters and Wastes into City Sewer System(Pretreatment) (LDR) 5/7/91 X 6-91 X Revising Chapter 535 , Sewer Impact Fees (Increasing Fees) (LDR) 5/7/91 X 7-91 X Amending Chapter 617, Electrical Code, by Adopting Latest Revision to the Code 5/21/91 X 8-91 X Amending Chapter 660, LDR, to include Chapter 670 (Discharge of Waters and Wastes into City Sewer System) 7/2/91 X 9-91 X Amending Chapter 685 , Parking Regulations, by Prohibiting Overnight Parking on the Beach-end Streets Blue Code Book and LDR codified through here- Sept 91 Code History Outline Updated 1990 ORDINANCES 6-5-90 24-90 Establishing Chapter 659, Sea Turtle Protection; Repealing X Section 713.08 11-8-90 25-90 X Establishing Chapter 668, Floodplain Protection LDR CODIFIED 6-19-90 26-90 Amendining Zoning Regulations by Establishing Exemptions for Six-foot High Fences in all Zoning Districts Sec 641.27 9-04-90 27-90 X Repealing Section 537.05 (Fire) Impact Fees for LDR Housing Aerial Fire Truck 12/18/90 31-90 X Amending Chapter 660, LDR to Include Chapter 668, Floodplain Protection and Chapter 671, Sewer Service 1/ 3/91 X32-90 X Amending Chapter 611, Building Code, to Include 1990 Revisions to Standard Building Code 1/ 3/91 33-90 X Amending Chapter 653, Sign Code, by Amending the Political Sign Regulations 1990 - ORDINANCES 1-25-90 2-90 Establishing Chapter 660, Land Development Code 1-25-90 3-90 Establishing Chapter 662, Concurrency Management System (As part of LDR) 1-25-90 4-90 Establishing Chapter 664, Stormwater Management (as part of LDR) 1-25-90 5-90 Establishing Chapter 667, Wetlands Protection (As part of LDR) 3-6-90 7-90 Amending Chapter 611 Building Code by adopting latest edition of the Standard Building Code and establishing Coastal Construction Building Code as Code as Chapter 612 3-6-90 8-90 X Amending Chapter 613, Standard Plumbing code by adopting latest edition of the Code 3-6-90 9-90 X Amending Chapter 614, Standard Mechanical Code, by adopting latest edition of the Code 3-6-90 10-90 X Amending Chapter 615, Standard Gas Code, by adopting latest edition of the Code 3-6-90 11-90 X Amending Chapter 619, Standard Housing Code, by adopting latest edition of the Code 3-6-90 12-90 X Amending Chapter 621, Fire Prevention Code, by adopting lates edition of the Code 3-6-90 13-90 X Amending Chapter 626, Life Safety Code, by adopting latest edition of the Code 4-17-90 18-90 Amending Chapter 657 Tree Protection by Prohibiting the Removal or Destruction of Certain Varieties of Plants 5-1-90 19-90 Amending Chapter 660 , Land Development Code, to include Chapter 612 , Coastal Construction Code 5-1-90 20-90 Amending Zoning Regulations by Establishing Definiton of Paving Codified 5-1-90 21-90 Amending Chapter 662 , Concurrency Management System, by Amending the evaluation criteria for Transportation Facilities 5-15-90 22-90 Amending Chapter 657 , establishing New Chapter Entitled Tree Protection and. Land Clearings; Repealing Chapter 622 LDR'S- Codified through here- Code History Updated June 1990 [sticky note saying Need to be codified] ORDINANCE NO. 3-92 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING AND RENAMING CHAPTER 301, FROM "REIMBURSEMENTS' TO "PER DIEM AND TRAVEL EXPENSES OF PUBLIC OFFICERS, EMPLOYEES AND AUTHORIZED PERSONS"; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND 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 301, REIMBURSEMENTS, of the Code of Ordinances of the City of Cape Canaveral, Florida is hereby repealed in its entirely and reenacted with the following revised Chapter 301, PER DIEM AND TRAVEL EXPENSES OF PUBLIC OFFICERS, EMPLOYEES AND AUTHORIZED PERSONS. CHAPTER 301 PER DIEM AND TRAVEL EXPENSES OF PUBLIC OFFICERS, EMPLOYEES AND AUTHORIZED PERSONS Sec. 301.01 Definitions. For purposes of this Chapter 301, the following terms shall have the meanings indicated: (a) Officer or Public Officer. An individual who in performance of his/her official duties is vested by law with sovereign powers of government who is elected by the people (Mayor and City Council) . (b) Employee or Public Employee. The City Manager or an individual, whether commissioned or not, other than an Officer or Authorized Person as defined herein, who is filling a regular or full-time authorized position and is responsible to the City Manager. (c) Authorized Person. (1) A person, other than a Public Officer or Employee, as defined herein, whether elected or commissioned or not, who is authorized by the City Manager or City Council to incur travel expenses in the performance of his official duties; or ORDINANCE NO. 03-92 Page 1 of 5 Pages (2) A person who is called upon the City to contribute time and services as consultant or adviser. (d) Traveler. A Public Officer, Public Employee, or Authorized Person, when performing authorized travel. (e) Travel Expense. The usual ordinary and incidental expenditures necessitated and actually incurred by a Traveler. (f) Common Carrier. Train, bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. Sec. 301.02 Authority to Incur Travel Expenses. (a) All travel of Public Employees must be authorized and approved by the Department Head and City Manager. Travel of the City Manager or a Public Officer must be approved by the City Council. (b) The City shall not authorize or approve such a request of a Public Employee unless it is accompanied by a signed statement by the Traveler's supervisor stating that such travel is on official business of the City and also stating the purpose of such travel. (c) Travel expenses of Travelers shall be limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the City and must be within the limitations prescribed by this policy. Sec. 301.03 Computation of Travel Time for Reimbursement. For purposes of reimbursement and methods of calculating fractional days of travel, the following principles are prescribed: (a) Travel Categories. The following travel categories are prescribed: Class A. Continuous travel of 24 hours (or more) away from the City. Class B. Continuous travel of less than 24 hours with an overnight absence from the City. Class C. Travel for short or day trips when the Traveler is not away from the City overnight. ORDINANCE NO. 3-92 Page 2 of 5 Pages (b) Travel Reimbursements. Reimbursements shall be made according to the following schedule: (1) Class A or B Travel. Reimbursement for overnight travel: (i) Fifty Dollars ($50.00) per day; or (ii) If expenses exceed $50.00, reimbursement includes actual lodging expenses at a single occupancy rate substantiated by bills therefor, plus $3.00 for breakfast, $6.00 for lunch and $12.00 for dinner. Where the cost of lodging is estimated to exceed $40.00 per night, the Travelers shall receive prior written approval for lodging expense. (2) Class C Travel. Meals reimbursement for travel which: (i) Begins before 6 a.m. and extends after 8 a.m., $3.00 for breakfast; or (ii) Begins before 12 Noon and extends after 2 p.m. , $6.00 for lunch; or (iii) Begins before 6 p.m. and extends after 8 p.m. , $12.00 for dinner. (3) No allowance shall be made for meals when travel is confined to the City or immediate vicinity; except assignments of official business outside the Traveler's regular place of employment if travel expenses are approved. (4) No reimbursement for alcoholic beverages. Sec. 301.04 Transportation. (a) All travel must be a usually traveled route. In case a person travels by an indirect route for his/her own convenience, any extra costs shall be borne by the Traveler; and reimbursement for expenses shall be based only on such charges as would have been incurred by a usually traveled route. ORDINANCE NO. 3-92 Page 3 of 5 Pages (b) The City Manager shall designate the most economical methods of travel for each trip. (c) The use of a privately-owned vehicle for official travel in lieu of publicly-owned vehicles or common carriers may be authorized by the City Manager. (d) When travel is by privately-owned vehicle, the Traveler shall be entitled to a mileage allowance at a fixed rate of 20 cents per mile. Sec. 301.05 Other Expenses. (a) The following incidental travel expenses of the Traveler may be reimbursed: (1) Taxi fares. (2) Bridge and road tolls. (3) Storage and/or parking fees. (4) Communication expenses. Sec. 301.06 Fraudulent Claims. Whoever shall receive an allowance or reimbursement by means of a false claim shall be liable for the amount of the overpayment and may be subject to termination or disciplinary action as provided by charter, personnel policy or enactments of the City Council. Sec. 301.07 Standard Procedures. (1) Travel Voucher. All claims for reimbursement must recorded on an approved form prescribed by the City Manager, and all receipts must be submitted in order to claim a reimbursement. (2) Travel Advances. All travel advances must be requested within five (5) working days prior to approved travel. The request must be approved by the department head and City Manager. The advance must be settled within two weeks after travel is completed. (3) Legislative Intent. It is the legislative intent that travel reimbursements are limited to expenses incurred while performing official business of the City, and must be within the limitations of Section 112.061, Florida Statutes. ORDINANCE NO. 3-92 Page 4 of 5 Pages SECTION 2. Conflict. All portions of the Code in conflict herewith are hereby repealed. SECTION 3. Savings Clause. If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of May , 1992. Joy C. Salamone, Mayor ATTEST: Faith G. Miller, City Clerk APPROVED AS TO FORM: John R. Kancilia, City Attorney ORDINANCE NO. 03-92 Page 5 of 5 Pages ORDINANCE NO. 4-92 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 662.01, CONCURRENCY MANAGEMENT SYSTEMS, AND SECTION 667.07, TO PROVIDE FOR THE PARTICIPATION OF THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT IN CONCURRENCY EVALUATION FOR THE PURPOSE OF EVALUATING IMPACTS ON WETLANDS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that: Section 1. Section 662.01 of the Code of Ordinances of the City of Cape Canaveral, Land Development Regulations, is hereby amended to add the following subsection 662.01E. : E. In addition to the concurrency evaluation process for the six types of critical public facilities, each proposed development project shall be subject to the concurrency evaluations for impact on wetlands required by Chapter 667, Wetlands Protection, prior to the issuance of a final development permit. Section 2. Section 667.07 of the Code of Ordinances of the City of Cape Canaveral, Land Development Regulations, is hereby amended to add the following subsection 667.07F. : F. Any person or developer submitting a site plan or subdivision plat for review pursuant to this Chapter shall submit said site plan or subdivision plat to the St. Johns River Water Management District for concurrency evaluation of the impact of said site plan or subdivision plat on wetlands. No building permit or development permit shall be issued unless the St. Johns River Management District has made a determination in the concurrency evaluation process that the proposed development does not require a St. Johns River Water Management District permit and that the proposed development does not cause a loss of wetlands in the City. If a proposed development will cause a loss of wetlands in the City, the St. John's River Water Management District shall make a determination that proposed mitigation meets the requirements of Section 667.11, Mitigation, before any building permit or development permit shall be issued. Section 3. All ordinances or parts of ordinances in conflict are hereby repealed. Section 4. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. Section 5. This Ordinance shall take effect immediately upon adoption. ORDINANCE NO. 4-92 Page 1 of 2 Pages ADOPTED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA THIS 5th DAY OF May , 1992. Joy C. Salamone, Mayor ATTEST: Faith G. Miller, City Clerk APPROVED AS TO FORM: John R. Kancilia, City Attorney ORDINANCE NO. 4-92 Page 2 of 2 ORDINANCE NO. 5-92 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING CHAPTER 535, SEWER IMPACT ASSESSMENT; ESTABLISHING MINIMUM SEWER IMPACT FEES TO BE PAID BY COMMERCIAL AND INDUSTRIAL CUSTOMERS OF THE CAPE CANAVERAL WASTE WATER TREATMENT SYSTEM; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has reviewed the schedule of sewer impact assessment fees for commercial and industrial uses and hereby finds and determines that the protection of the health, safety and welfare of the City of Cape Canaveral and its citizens will best be served by adoption of a minimum sewer impact assessment fee for commercial and industrial users. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Cape Canaveral, Florida as follows: SECTION 1. Section 535.01 of the Code of the City of Cape Canaveral is hereby amended to read as follows: Sec. 535.01 Sewer Impact Assessment Established. There shall be paid an assessment to defray the cost and expense of collection, transmission, treatment and disposal of sewage and for necessary equipment, repairs, replacement and additions and for any new sewer plant expansion for the City of Cape Canaveral, Florida. Such assessment shall be for the sewer system on all new construction and all structures initially connecting to the City sewer system in the City as follows: RESIDENTIAL: Each single family dwelling unit $2,032 Each residential unit of a multiple family unit, duplex, triplex and/or apartment unit 2,032 Each condominium unit 2,032 Each mobile home space 2,032 COMMERCIAL: The impact assessment fee shall he the greater of $2,032 or the amount calculated for the uses described below: Barber and beauty shops (per chair) $ 508 Bowling alleys (per lane) 508 Churches (per seat) 15 Dentist offices (per dentist) 1,270 Doctor offices (per doctor) 1,270 Food Service operations a. Restaurant (per seat) 254 b. 24-hour restaurant (per seat) 381 ORDINANCE NO. 5-92 Page 1 of 3 pages c. Bar and cocktail lounge (per seat) 152 d. Drive-in restaurant (per car space) 254 Hospitals (per bed) 1,270 Hotels, motels (per room) 762 Laundry facilities (per washing machine) 2,032 Nursing, rest homes (per person) 508 Office building (per worker) 102 Schools (per student) 127 Service stations (per water closet and per urinal) 1,270 Shopping Centers - without food or laundry (per square foot of floor space) 0.50 Stores - without food service (per sq. foot of floor space) 0.50 Theaters, indoor (per seat) 25 Travel trailer park - w/o water & sewer hookup (per space) 381 Travel trailer park - w/water & sewer hookup (per space) 508 A laundromat shall be any facility which houses washers and is available for use by the general public or for common use by three or more living units. It is the intent of this Ordinance that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with the type of structure actually built. INDUSTRIAL: Impact fees for industrial or other commercial facilities not listed above shall be based upon either the use of the fixture unit count or the number of workers in an office building, whichever is greater. The fixture unit count shall be that defined int he most recent plumbing fixture value table published by the Standard Plumbing code (see Appendix A) . Said table shall be reviewed annually. Each eighteen (18) fixture units, or fraction thereof, equals one (1) equivalent single-family dwelling unit. Equivalent and fractional equivalents shall be multiplied by $2,032.00 to determine the applicable impact fee. The impact fee associated with the number of workers in an office building shall be that listed under the commercial facilities of this ordinance. The number of workers shall be multiplied by $102.00 in order to determine the applicable impact fee. The minimum impact assessment fee for industrial and other commercial facilities not listed above shall be $2,032.00. SECTION 2. Savings Clause. If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, ORDINANCE NO. 5-92 Page 2 of 3 pages SECTION 3. Conflict. All ordinance and parts of ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 5th day of May , 1992. Joy C. Salamone, Mayor ATTEST: Faith G. Miller, City Clerk APPROVED AS TO FORM: John R. Kancilia, City Attorney Ordinance No. 05-92 Page 3 of 3 APPENDIX A TABLE 1 FIXTURE UNITS PER FIXTURE OF GROUP Fixture-Unit Value Minimum Size Fixture Type As Load Factors of Trap (In) Bathroom group consisting of water closet, lavatory, and bathtub or shower 6 Bathtub1 (with or without overhead shower) or whirlpool attachments 2 1 1/2 Bidet 3 Nominal 1/2 Combination sink and tray 3 1 1/2 Combination sink and tray Separate with food disposal unit 4 traps 1 1/2 Dental unit or cuspidor 1 1 1/4 Dental lavatory 1 1 1/4 Drinking fountain 1/2 1 Dishwashing machine2 domestic 2 1 1/2 Floor drains 1 2 Kitchen sink, domestic 2 1 1/2 Kitchen sink, domestic with waste grinder 3 1 1/2 Lavatory4 1 Small P.O. 1 1/4 Lavatory4 2 Large P.O. 1 1/2 Lavatory, barber, beauty parlor 2 1 1/2 Lavatory, surgeon's 2 1 1/2 Laundry tray (1 or 2 compartments) 2 1 1/2 Shower stall, domestic 2 2 Showers (group) per head2 3 Sinks Surgeon's 3 1 1/2 Flushing rim (with valve) 8 3 Service (trap standard) 3 3 Service (P trap) 2 2 Pot, scullery, etc.2 4 1 1/2 Urinal, pedestal, siphon jet, blowout 8 Note 6 A-1 Fixture-Unit Value Minimum Size Fixture Type As Load Factors of Trap (In) Urinal, wall lip 4 Note 6 Urinal, washout 4 Note 6 Washing machines (commercial)3 Washing machines (residential) 3 2 Wash sink2 (circular or multiple) each set of faucets 2 Nominal 1 1/2 Water closet flushometer tank, public or private 4 Note 6 Water closet, private installation 4 Note 6 Water closet, public installation 6 Note 6 1 A showerhead over a bathtub or whirlpool bathtub attachment does not increase the fixture value. 2 See Table 2 for methods of computing unit value of fixtures not listed in Table 1. 3 See Table 2. 4 Lavatories with 1 1/4 or 1 1/2-inch trap have the same load value; larger P.O. plugs have greater flow rate. 5 Size of floor drain shall be determined by the area of the floor to be drained. The drainage fixture unit value need not be greater than 1 unless the drain receives indirect discharge from plumbing fixtures, air conditioner or refrigeration equipment. 6 Trap size shall be consistent with fixture type as defined in industry standards. Fixtures Not Listed Fixtures not listed in Table 1 shall be estimated in accordance with Table 2. TABLE 2 FIXTURES NOT LISTED Fixture Drain or Trap Size (In) Fixture Unit Valve 1 1/4 and smaller 1 1 1/2 2 2 3 2 1/2 4 3 5 4 6 A-2 Ordinance No. 6-92 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADDING SECTION 657.10 AND SECTION 675.19 TO THE CODE OF ORDINANCES, TO PROHIBIT THE BURYING OF TRASH, RUBBLE, DEBRIS AND NATURAL COVER WITHIN THE CITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that: SECTION 1. Legislative Findings. The City Council of the City of Cape Canaveral, Florida, hereby finds and declares that the burying of trash, rubble, debris and natural cover leads to disease, insect infestation, foul odors and is injurious to the health, safety and welfare of the inhabitants of the City. The City Council further finds and declares that prohibiting the burial of trash, rubble, debris and natural cover is necessary to preserve the health, safety and welfare of the inhabitants of the City. SECTION 2. The Code of Ordinances of the City of Cape Canaveral, Land Development Regulations, is hereby amended to add the following Section 657.10: Sec. 657.10 Burial of Trash and Natural Cover Prohibited. The burial of trash and natural cover within the City of Cape Canaveral, Florida, which is the result of land clearing is hereby prohibited. SECTION 3. The Code of Ordinances of the City of Cape Canaveral, Land Development Regulations, is hereby amended to add the following Section 675.19: Sec. 675.19 Burial of Trash, Rubble or Other Debris Prohibited. The burial of trash, rubble or debris within the City of Cape Canaveral, Florida is hereby prohibited. SECTION 4. Conflict. All ordinances and parts of ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. SECTION 5. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 6. Effective Date. This ordinance shall take effect immediately upon its adoption. ORDINANCE NO. 6-92 Page 1 of 2 Pages ADOPTED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA THIS 5th DAY OF May , 1992. [signature] Joy C. Salamone, Mayor ATTEST: [signature] Faith G. Miller, City Clerk APPROVED AS TO FORM: [signature] John R. Kancilia, City Attorney ORDINANCE NO. 6-92 Page 2 of 2 Pages