HomeMy WebLinkAboutOrdinance No. 39-1993AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 271 ENTITLED, COUNCIL
PROCEDURES, TO PROVIDE GENDER NEUTRAL TERMINOLOGY IN LIEU
OF MASCULINE TERMINOLOGY AND TO REVISE COUNCILMEMBERS'
AREAS OF INTEREST; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 271.07 of the City Code of Ordinances is
amended to read as follows:
Sec. 271.07 Presiding Officer The presiding officer of
the Council is the Mayor. The Council shall annually elect a
Mayor Pro Tem at the first regular meeting after the day of
the General City Election and 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 meeting
after his or her election. The presiding officer shall
preserve strict order and decorum at all meetings of the
Council. The presiding officer shall state every question
coming before the Council and announce the decision of the
Council on all matters coming before it. A majority vote of
the members present shall govern and conclusively determine
all questions of order if a parliamentary decision by the
presiding officer is challenged.
SECTION 2 . Section 271.08 of the City Code of ordinances is
amended to read as follows:
Sec. 271.08 Councilmembers' Areas of Interest Each
Councilmember shall be a source of information to the Council
in his or her areas of primary interest. The intent of this !�
rule is not to prevent any Councilmember from executing the
rights and prerogatives of office, but rather to permit an
orderly division of interest among the Councilmembers. The '..
areas of interest are. roads, power and light service,
telephone service, traffic and parking, recreation, parks,
beaches and waterways, planning and zoning board, board of
adjustment, commercial development board, code enforcement
board and any other city board, building official, planning
department, police department, fire department, law,
communications, city clerk, city treasurer, city hall, bonds,
taxes and revenue, elections, chamber of commerce, city
attorney, city manager, library, sewage, drainage, water
service, garbage service, animal control, beautification and
erosion control. At the next regular meeting following the
day of the general city election, the Council, by majority
vote, shall assign the preceding areas of primary interest to
its individual members.
SECTION 3 . Section 271.15, subsections (a), (E), (G) and (I)
of the City Code of Ordinances are hereby amended as follows:
(A) The Council shall not take action upon any matter
which is not listed upon the official agenda, unless a
majority of the Councilmembers present have first consented to
the presentation thereof for consideration and action.
(E) Every Councilmember desiring to speak for any
City of Cape Canaveral, Florida
Ordinance No. 39 -93
Page 2
purpose shall confine himself or herself to the question under'
debate, avoiding all personalities and indecorous language.
A member once recognized shall not be interrupted when
speaking unless the interruption shall be to call the
Councilmember to order or as herein otherwise provided.
t
(G) Each person addressing the Council shall stand,
shall give his or her name and address in an audible tone for
the minutes, and unless further time is granted by the
Council, shall limit his or her address to five minutes. No
person other than Councilmembers and the person having the
floor shall be permitted to enter into any discussion either
directly or through a member of the Council, without the
permission of the presiding officer. No question shall be
asked a Councilmember except through the presiding officer.
r x
(I) The Councilmember moving the adoption of an
ordinance or resolution shall have the privilege of closing
debate.
SECTION 4. 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 5. Conflicting Provisions. Any ordinance, or parts
' of an ordinance, in conflict herewith
are repealed.
SECTION 6. Effective Date. This
ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City of Cape
Canaveral, Brevard County,
Florida, this 19th day of October
199W
',, John Porter, M4Y(?R. PIJ� TET1
!, ATTEST:
Faith G. Miller, CITY CLERK
'
First Re"ri : 10/5/93
First
APPROVED AS TO FORM:
10 /6/93
Adveklsed : 10 /8/93 x
SBCefld Reading: 10 /19/93
John R. Kancilia, CITY ATTORNEY
x
CC: 10/20/93 - Municipal Code Corporation.
09/29/93 16:2& V467 676 (729 REINMAN.HARRELL
a'. \ Cov.m c ; l . o rd
ORDINANCE NO. 3g 9 Z
CITIrCAPE CAN. C1 002 ,/ 612
SO Si V')eS!S
MG, 9'
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 271 ENTITLED, COUNCIL
PROCEDURES, TO PROVIDE GENDER NEUTRAL TERMINOLOGY IN LIEU
OF MASCULINE TERMINOLOGY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, as follows:
Section 1, Section 271.07 of the City Code of Ordinances is
amended to read as follows:
Sec. 271.07 Presiding Officer The presiding officer
of the Council is the Mayor. The Council shall annually elect
a Mayor pro tem at the first regular meeting after the day of
the General City Election and the Mayor pro tern shall preside
over the Council in the absence of the Mayor. The Mayor shall
assume the chair as presiding officer at the next meeting
after his or her election. The presiding officer shall
preserve strict order and decorum at all meetings of the
Council. The presiding officer shall state every question
coming before the Council and announce the decision of the
Council on all matters coming before it. A majority vote of
the members present shall govern and conclusively determine
all questions of order if a parliamentary decision by the
presiding officer is challenged.
Section 2._ Section 271.08 of the City Code of Ordinances is
amended to read as follows:
Sec. 271.08 Councilmembers' Areas of Interest Each
Councilmember shall be a source of information to the council
in his or her areas of primary interest. The intent of this
rule is not to prevent any Couneilmember from executing the
rights and perogatives of office, but rather to permit an
orderly division of interest among the Councilmembers. The
areas of interest are: roads, power and light service,
telephone service, traffic and parking, recreation, city
parks, city beaches, and waterways, Zoning and Planning Board,
Board of Adjustment, Building Official, City Planning, Police
Department, City courts and Judges; Fire Department and Fire
Inspector, law, communications, City Clerk, City Treasurer,
City Hall, bonds, taxes and revenue, elections, Chamber of
Commerce, City Attorney, City Manager, Library, sewage,
drainage, water service, Health and Sanitation Inspector,
garbage service, animal control, liquor and beverages,
beautification and erosion control. At the next regular
meeting following the day of the general City election, the
Council, by majority vote, shall assign, the preceding areas
of primary interest to its individual members.
29/99 16:29 V407
676 0729
REINMAN,HARRELL 4
CITY
CAPE CAN,
03'�012
I i
Section 3.
Section 271.15,
subsections (A),
(E),
(G) and
(I)
of the City Code
of Ordinances are hereby amended
as
follows:
(A) The Council shall not take action upon any matter
which is not listed upon the official agenda, unless a
majority of the Councilmembers present have first consented to
the presentation thereof for consideration and action.
(E) Every Councilmember desiring to speak for any
purpose shall confine himself or herself to the question under
debate, avoiding all personalities and indecorous language.
A member once - recognized shall not be interrupted when
speaking unless--the interruption shall be to call the
Councilmember to order or as herein otherwise provided.
(G) Each person addressing the Council shall stand,
shall give his or her name and address in an audible tone for
the minutes, and unless further time is granted by the
Council, shall limit his or her address to five minutes. No
person other than Councilmembers and the person having the
floor shall be permitted to enter into any discussion either
directly or through a member of the Council, without the
permission of the presiding officer. No question shall be
asked a Councilmember except through the presiding officer.
(I) The Councilmember moving the adoption of an
ordinance or resolution shall have the privilege of closing
debate.
Section 4. 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.
Ser—tion 5. Conflicting Provisions. Any ordina
of an ordinance, in conflict herewith are repealed.
Section 6, Effective Date. This ordinance sha]
immediately upon its adoption.
2
09/29/93 16 ;30 $107 676 0729 REINMAN,HARRELL 4 ++ CITY /CAPE CAN. t�
ADOPTED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA
THIS DAY OF 1 1993.
Attest:
Mayor
City Clerk
APPROVED AS TO FORM: r
City Attorney -
3
ADMINISTRATION
ARTICLE I. IN GENERAL
Secs. 2.1 -2.25. Reserved.
ARTICLE II. CITY COUNCIL*
§ 2.56
sewage, drainage, water service, garbage service,
animal control, beautification and erosion con-
trol. At the next regular meeting following the
day of the general city election, the council, by
majority vote, shall assign the preceding areas of
primary interest to its individual members.
(Code 1981, § 271.08)
DIVISION 1. GENERALLY
Sec. 2.26. Election.
Secs. 2.28 -2.40. Reserved.
The council is composed of five members who
DIVISION 2. COMPENSATIONt
are elected pursuant to the Charter art. I, § 5. If
any general election includes the election of acoun-
Sec. 2.41. Established for councilmembers
cilmember due to a vacancy in that office pur-
other than mayor.
suant to article 3, section 4 of the Charter, the
k +00S =eds� o'
unexpired term shall be filled by the candidate �mc The compensation for the members of the city
receiving the third greatest number of votesyor
council other than the mayor shall be $1,200.00
the second greatest number of votes in elections
per year.
involving only the mayor. If more than one va-
(Code 1981, § 311.02)
cancy is to be filled at the election, those receiving
the greatest number of votes shall be declared
Sec. 2.42. Established for mayor.
p, elected for the longest term8.
(Code 1981, § 231.01)
The compensation for the mayor shall be
Charter references —City council vacancies, art. fV, § 4;
$1,600.00 per year.
city council compensation, art. IV, § 3.
(Code 1981, § 311.01)
Cross reference — Elections, ch. 26.
Sec. 2.27. Councilmembers' areas of interest.
Each councilmember shall be a source of infor-
mation to the council in his areas of primary in-
terest. The intent of this section is not to prevent
any councilmember from executing his rights and
prerogatives of office, but rather to permit an or-
derly division of interest among the councilmem-
hers. The areas of interest are roads, power and
light service, telephone service, traffic and
parking, recreation, parks, beaches and water-
ways, zoning and planning board, board of adjust-
ment, code en board any other city
c) 1 board, building official, planning department, po-
lice department, fire department, law, communi-
Wcla'cations, city clerk, city treasurer, city hall, bonds,
tbPa4r axes and revenue, elections, chamber of com-
,J ° merce, city attorney, city manager, library,
-Charter references —City council, qualifications and
terms, filling of vacancies, art. III; mayor, art. IV.
Cross reference —The mayor or city manager in the case of
the absence of the mayor, or any available councilmember in
the absence of the mayor and city manager, may declare a
state of emergency, § 18.2.
Secs. 2.43 -2.55. Reserved.
DIVISION 3. MEETINGS*
Sec. 2.56. Regular meetings.
The city council shall hold regular meetings the
first and third Tuesdays of each month at 7:30
p.m. When the day fixed for any regular meeting
falls upon a day designated by law as a legal na-
tional holiday, such meeting shall be held on the
next succeeding day not a holiday. Regular meet-
ings may be otherwise postponed, cancelled, only
by resolution adopted at a regular meeting by a
majority vote of the council. All regular meetings
shall be held in the city hall or such other place as
designated by a majority of the council in open
session.
(Code 1981, § 271.02)
tState law reference — Compensation, art. DI, § 3.
#Charter references— Meetings, art. V, § 1; rules of pro-
cedure, art. V, § 2.
State law reference— Public meetings, F.S. ch. 286.
CD2:5