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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