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Home My WebLink AboutOrdinance No. 37-1994r • • * *ORDINANCE FAILED BY 4 TO 1 VOTE AT FIRST READING HELD ON TUESDAY, OCTOBER 18, 1994. ORDINANCE NO. 37 -94 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 2 -56, REGULAR MEETINGS, SECTION 2 -58, WORKSHOP MEETINGS, SECTION 2 -59, PREPARATION OF ORDINANCES AND RESOLUTIONS PRIOR TO MEETING, SECTION 2 -60, PREPARATION AND NOTICE OF AGENDA, SECTION 2 -62, PRESIDING OFFICER, SECTION 2 -63, SERGEANT AT ARMS, SECTION 2 -64, CALL TO ORDER: OUORUM; ROLL CALL, SECTION 2 -65, MINUTES, SECTION 2 -66, CONSIDERATION OF MATTERS BEFORE COUNCIL, AND SECTION 2 -68, GENERAL DISCUSSION TO PROVIDE FOR ONE (1) COMBINED WORKSHOP AND REGULAR CITY COUNCIL MEETING PER MONTH AND TO ELIMINATE ONE (1) CITY COUNCIL WORKSHOP MEETING PER MONTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 2 -56, Regular Meetings, is hereby repealed and re- enacted in its entirety to read as follows: Sec. 2 -56. Regular Meetings. The city council shall hold regular meetings on the first and third Tuesda of each month at 7 : 0 0 p . m . a Cohen the day fixed for any regular o tee t ii* .falls upon a day designated by law as a legal national holiday, such meeting shall be held on the next succeeding day not a holiday. Regular or otabinod meetings may be otherwise postponed, canceled or re- scheduled only by motion adopted at a regular 'o meeting by a majority vote of the city council. All regular a combined meetings shall be held in the city hall annex or ot ersuch place as designated by a majority of the council in open session. SECTION 2. Section 2 -58, Workshop Meetings, is hereby repealed and re- enacted in its entirety to read as follows: Sea. 2 -58. Workshop Meetings. Members of the city council will meet on the Thursday prior to eaeh the regular meeting at 7:00 p.m. to informally discuss ma €ters relating to city business, including matters to be placed on the agenda for succeeding city council meetings. Workshop meetings may be canceled by r • City of Cape Canaveral, Florida Ordinance No. 37 -94 Page 2 a notice served on the city clerk in writing and signed by a majority of the councilmembers 24 hours prior to the scheduled commencement of the workshop meeting. Workshop meetings shall be held in the city hall annex and shall be open to the public and press. Notice of workshop meetings shall be posted 24 hours in advance at the city hall. Minutes of the workshop meeting shall be prepared and distributed to councilmembers. SECTION 3. Section 2 -59, Preparation of ordinances and resolutions prior to meeting, is hereby repealed and re- enacted in its entirety to read as follows: Sec. 2 -59. Preparation of ordinances and resolutions prior to meeting. All ordinances and resolutions prepared shall be filed with the city clerk and a permanent reference number assigned prior to consideration by the council at any regular s meeting. A copy shall normally be furnished to each counci member at thc workshop mccting prior to the regular meeting at which the ordinance or resolution shall be consic Bred. If thc workshop mccting i3 not hcld, A copy of the proposed ordinance or resolution shall be acnt to the Qttorncyi hours prior 'i e regular :.. bin meet rig*:.. at least 48 SECTION 4. Subsection (c) of Section 2 -60, Preparation and notice of agenda, is hereby repealed and re- enacted in its entirety to read as follows: Sec. 2 -60. Preparation and notice of agenda. (c) All items to be placed on the agenda must be filed with the city clerk prior to or during thc workshop mccting ur3uant to ccction 2 -58 :::: >:; Wighlesdia Wor]3fiop 13 not hcld, any member of the city council, the city attorney, city clerk or city manager may place an item on the agenda, provided that the item must be filed with the city clerk prior to 12:00 noon on the Friday :•...preceding the regular or oo.ied meeting. This h,or e agenda `rill then be sent to the residence "'of "'each o'' :<::: >:::; . ;e` •members of the city council and to the office of the cit attorney at least 48 hours prior to the regular meeting. :........ I • City of Cape Canaveral, Florida Ordinance No. 37 -94 Page 3 SECTION 5. Section 2 -62, Presiding officer, is hereby repealed and re- enacted in its entirety to read as follows: 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 or combined 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 6. Section 2 -63, Sergeant at arms, is hereby repealed and re- enacted in its entirety to read as follows: Sec. 2 -63. Sergeant at arms. The sergeant at arms shall be present at regular council meetings when so requested by any member of tie city council or by the city manager. SECTION 7. Subsection (b) of Section 2 -64, Call to order; quorum; roll call, is hereby repealed and re- enacted in its entirety to read as follows: Sec. 2 -64. Call to order: quorum: roll call. (b) In a regular combilvad or special meeting before proceeding with the business o''''1e council, the city clerk or his designee shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes. SECTION 8. Section 2 -65, Minutes, is hereby repealed and re- enacted in its entirety to read as follows: Sec. 2 -65. Minutes. City of Cape Canaveral, Florida Ordinance No. 37 -94 Page 4 The minutes of the previous regular meeting of the city council shall be adopted by' re ererice, unless request is made by a councilmember for the minutes to be read in their entirety. The city clerk shall have available to each councilmember and to the city attorney a copy of such minutes at least 24 hours preceding the next regular ontdmmdi meeting. There shall be copies of the minutes posted on the "bulletin board and copies available for the citizens to examine at the city commil 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. Amended copies of the minutes will be distributed to each councilmember. SECTION 9. Subsection (c) of Section 2 -66, Consideration of matters before council, is hereby repealed and re- enacted in its entirety to read as follows: Sec. 2 -66. Consideration of matters before council. (c) When a motion is presented and seconded, it is under consideration, and no motion shall be received thereafter, except to adjourn $. to recess, to lay on the table, to postpone or to amend, until the question is decided. These motions shall have preference in the order in which they are mentioned and the motions to adjourn, to recess and to lay on the table shall be decided without debate. Final action upon a pending motion may be deferred until the next regular meeting by a majority of the members present. SECTION 10. Section 2 -68, General discussion, is hereby repealed and re- enacted in its entirety to read as follows: Sec. 2 -68. General discussion. Every regular mz° meeting of the city council shall include a period o me limited to one hour for the purpose of a question and answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations set forth in section 2- 66(g) and (h) shall apply. SECTION 11. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or r City of Cape Canaveral, Florida Ordinance No. 37 -94 Page 5 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 12. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are hereby repealed. SECTION 13. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1994. • ATTEST: Faith G. Miller, CITY CLERK Approved as to Form: William C. Potter, CITY ATTORNEY • Joy C. Salamone, MAYOR