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HomeMy WebLinkAboutOrdinance No. 01-2011 1 ORDINANCE NO. 01-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLES II AND III OF CHAPTER 2, ADMINISTRATION, OF THE CAPE ;l CANAVERAL CITY CODE RELATED TO THE CITY COUNCIL AND CITY OFFICERS AND EMPLOYEES; MAKING AMENDMENTS CONSISTENT WITH THE ADOPTION OF THE NEW CITY CHARTER; MAKING MINOR EDITORIAL AND CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on November 2, 2010, the voters of Cape Canaveral approved, by referendum, a new City Charter; and WHEREAS, certain amendments to the City Code are required to ensure the Code is consistent with the new Charter; and 4 WHEREAS, Chapter 2, Administration, of the City Code, requires amendment to reflect the City Council's desire to conduct regular City Council meetings once a month on the third Tuesday of each month, instead of twice per month; and WHEREAS, in addition to these amendments, various other provisions of Chapter 2 require minor modification to update and streamline the City Code regarding City Council meetings and the preparation of agendas and minutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Y P Y Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. I BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. 1 City of Cape Canaveral 1 Ordinance No. 01 -2011 Page l of 7 1 I 1 I 1 i Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances 1 p , City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and sty ikeoat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION * ** ARTICLE II. CITY COUNCIL DIVISION 1. GENERALLY Sec. 2 -26. - Elections. 1 All powers and duties of the city specified in the city Charter in the general laws of the state are vested in the city council. The city council is comprised Lumpy it d of five members who are elected at large by the registered electors of the city. Two members are elected each year to three - year terms, except on every third year only one member, who is also the mayor, is elected to a three - year term. Further, should any general election include the election of a council person due to a vacancy in that office pursuant to article II, section 2.06 ai ti.,k III, ,e,..tioli 4, of the Charter, then the unexpired term shall be filled by the candidate receiving the third greatest number of votes, or the second greatest number of votes in third year elections involving only the mayor. Should more than one vacancy be filled at the election, then those receiving the greatest number of votes shall be declared elected for the longest terms. * ** DIVISION 3. MEETINGS Sec. 2 -56. - Regular Meetings. The city council shall hold regular meetings on the fist and third Tuesday of each month at 7:00 p.m. The city council may, on an as- needed basis, begin its regular meetings prior to 7:00 p.m. When the day fixed for any regular meeting falls upon a day designated by law as a legal national holiday, such meeting will not be held shall be kcld on tlrc . ' .. . ' .. • . Regular meetings may be otherwise postponed, canceled or rescheduled by consensus .... .. . L . :. • . . • . • • • . of the city council. All regular meetings shall be held in the Cit hall annex vi sach „that place as designated by a majority of the council in open session. ) t 1 4 A City of Cape Canaveral Ordinance No. 01 -2011 Page 2 of 7 I 1 1 1 1 Sec. 2 -57. - Special meetings. (a) A special meeting of the city council may be initiated by any of the following means: (1) By an affirmative vote of a majority of the city council pursuant to the Charter, article II, section 2.11 alt. V, § 1. (2) By serving the city manager or the city clerk notice in writing and signed by a majority of the city council. The clerk shall immediately give verbal or written notice to each member of the council, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting initiated in this manner shall allow at least 24 hours to elapse between the call of the meeting and the date and hour of the meeting. Notice shall be posted at city hall and on the city website. (3) By verbal notice to the city clerk or the city manager by a majority of the city council whenever an emergency exists which requires immediate action by the council. The clerk shall immediately attempt to give notice to each member of the council stating the hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. If, after reasonable diligence, it is impossible to give notice to each councilmember, such failure shall not affect the legality of the meeting. (b) All special meetings shall be held in the city hall or such other place as designated by a majority of the council in open session and shall be open to the public and the press. Sec. 2 -58. - Workshop meetings. Workshop meetings may be called to informally discuss matters relating the city business; .• ■ - 11 . • 11 .. . 1 . -. . .. :, . • . • . . ilotll.r so N o,i tl, amity .,kik at a icguia1 rrrcitir g of tlic city- cotrnci-1 al in writing • . • • . . • . . Workshop meetings shall be held in the place so designated by council to [be] the locations of workshop meetings and shall be open to the public and press. Notice of workshop meetings shall be posted 24 hours in advance at the city hall and on the city website. Minutes of the workshop meeting shall be prepared and distributed to council members. Sec. 2 -59. - Preparation of ordinances and resolutions prior to meeting. All ordinances and resolutions prepared shall . . . . have a permanent reference number assigned prior to consideration by the council at any regular meeting. - 1. • . . . . . - - . - -. . . •. - .. ••• - .. . . . ] _ • • • .. •• • ..' • . . • • . . . . '. .. A copy of the ordinance or resolution for adoption at the regular meeting is furnished in the council agenda packet. 1 City of Cape Canaveral Ordinance No. 01 -2011 Page 3 of 7 1 1 I 1 Sec. 2 -60. - Preparation and notice of agenda. 1 (a) There shall be an official agenda of every meeting of the council which shall determine the order of business conducted at the meeting. (b) All items to be placed on the agenda must be initiated by a member of the city Y council, the city attorney, city clerk, or city manager, or department director. (c) All items to be placed on the agenda must be filed with the city clerk the Wednesday two (2) weeks prior to the council meeting. of dniiii the worksliup u1.,.,tiug pufsaaat to J.,tiun 2 -58. If tlm woikship is nut livid, any 11m111I 1 .,f tl1 Lily .,uuu.,il, tliv t,ity att„1ucy, . _ ... Agenda packets shall be distributed to council members the Tuesday one (1) week prior to the council meeting. (d) Public notice of the agenda for all meetings shall be served by posting the agenda in a conspicuous place in at city hall and on the city website the Tuesday one (1) week preceding the meeting. * ** Sec. 2 -62. - Presiding officer. The presiding officer of the council is the mayor. The council shall annually elect a mayor pro tem at the first regular meeting after the day of the general city election and the mayor pro tem shall preside over the council in the absence of the mayor. The mayor shall assume the chair as presiding officer at the next regular meeting after his or her election. The presiding officer shall preserve strict order and decorum at all meetings of the council. The presidin .,fficc1 hall tat., • ... • . • 11 . • • •. . -' 1 1 •. • . . A majority vote of the members present shall govern and conclusively determine all questions of order if a parliamentary decision by the presiding officer is challenged. Sec. 2 -65. - Minutes. The minutes of the previous regular meeting of the city council shall be adopted by reference; . •. •1 . • . .. V • I .. all ' • . The city clerk shall sti ivc to have available . . .. ' . • . . • • . • a copy of such minutes at least 24 hours preceding the next regular meeting. There shall be copies of the minutes pu,ted vu thw bullvti11 Wald and .,vp available for the citizens to examine at the city council meeting. The minutes of the meeting shall be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. 1 City of Cape Canaveral Ordinance No. 01 -2011 Page 4 of 7 1 7 Sec. 2 -68. - General discussion. 1 Every regular meeting of the city council shall include a period of time limited to one quarter hour for the purpose of a question and answer session during which any person from the audience I may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations set forth in section 2 -66(g) and (h) shall apply. * ** ARTICLE III. OFFICERS AND EMPLOYEES 1 * ** DIVISION 2. CITY MANAGER * ** Sec. 2 -102. - Acting city manager. By letter filed with the city clerk, the city manager shall designate a qualified administrative officer of the city to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. During extended absence or disability of the city manager, the city council may revoke such designation at any time and appoint another administrative officer of the city to serve until the city manager shall return. T11 L.ity iiiaiiagi, vi . . , • • . , . . ... . . _ • . _ _ • . _ - . • - • . • . • .. • • . • _ . 1 . . .. . thG fuiiaivun o f tln., vflf * ** S. 2 -141. - Duliv3. The %,ity tivanuiCi liar fin, dutit,s and icnponnibilitics to: (1) Collect ►rtonics puiA.,arit to diic,ctive of the ,,it iiiaiid acid amity cuncil. (2) lit L.viifuut.tivu with tln, L.ity uiaiiagt.i, pic,pai., tin, ainiaal lmdga with fin, antatit,k, •• • - - . • .. • • . • . .. ■ • • . • • • . • . • . rclatiVC tv till, L.uiiG1it bud.1 (3) Diu,�tly adiniuistci aid t.ipCi Disc the units of the vfficc. i City of Cape Canaveral Ordinance No. 01 -2011 Page 5 of 7 1 I • 1. S. 2 -151. - DutiC3. T11 .1ty cni ;mcci is dei6liat. d by tl,c city coa,icil and is dii C. tly iC ;blue tv tlic cotuicil. The city C,i haz, t11 duti mid , Cz, tv. (1) Conduct restat di in en „,attcls as di,ected by the walla. (2) Pe,fv „n en flulctivns as may be d„ectd by tl, k,,ty wuuc,,l. 4 1 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of Apri1,.201 �` ` ` Q Q Q L ri,. a , Rocky Randels, Mayor ATTEST: '' = 1. s. For Against 4 BAs- Bob Hoog AN ELA,APP SON, City Clerk Jim Morgan Second 11,4 ": " Buzz Petsos Motion i Rocky Randels X 1 Betty Walsh X 1 City of Cape Canaveral 4' Ordinance No. 01 -2011 Page 6 of 7 1 1 i I 1 1 First Reading: March 15, 2011 Legal Ad published: March 18, 2011 Second Reading: April 19, 2011 t I Approved as to legal form and sufficiency for the City of Cape Canaveral only by: _r/V .& 1 ANTHONY A. GARGANESE, City Attorney 1 i i i 1 I A i I 1 1 1 1 I 1 1 City of Cape Canaveral Ordinance No. 01 -2011 Page7of 7 1 i