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HomeMy WebLinkAboutOrdinance No. 08-1972M EP E ICROFILMED 3 -14.80 ORDINANCE NO. 8 -72 (As AMENDED) AN ORDINANCE ESTABLISHING RULES AND PROCEDURES FOR THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, ABOLISHING AND REPEALING ALL OTHER ORDINANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. The following shall constitute the Rules of Procedure for the City Council of the City of Cape Canaveral, Florida: 1.01 Governing rules Except as may be provided in the charter, questions of order, the methods of organization and the conduct of business of the Council shall be governed by Roberts Rules of Order (75th Anniversary Edition) in all cases to which they are applicable, and which are consistent with these rules. 1.02 Regular Meetings The City Council shall hold regular meetings the first and third Tuesday 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, national or religious holiday, such meeting shall be held on the next succeeding day not a holiday. Regular meetings may be other- wise postponed, cancelled, only by resolution adopted at a regular meeting by a majority of the entire membership of the Council. All regular meetings shall be held in the City Hall of the City of Cape Canaveral, Florida, or such other places as designated by a majority of the City Council in open session, and shall be open to the public and to the press. 1.03 Special Meetings A special meeting of the City Council may be set at any regular meeting of the Council by an affirmative vote of a majority of the councilmen present, or a special meeting of the City Council may be called whenever the majority of the Council requests a special meeting. Whenever a special meeting shall be called by such majority, a notice in writing signed by such majority, shall be served upon the City Clerk. The Clerk shall forthwith serve either a verbbl or written notice upon 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 his notice of a special meeting shall allow at least twenty -four hours to elapse between the call of the meeting and the date and hour of the meeting. Whenever an emergency exists which requires immediate action by the Council, a majority of the Council may call a meeting by notifying the City Clerk who shall cause the Council to meet on short notice by telephone or otherwise in special meeting for the purpose. If, after reasonable diligence, it was impossible to give notice to each councilman, such failure shall not affect the legality of the meeting if a quorum be in attendance. The minutes of each special meeting shall show the manner and method by which notice of such special meeting was given to each member of the Council, or shall show a waiver of notice. All special meetings shall be open to the public and shall be held and conducted in the City Hall within the City of Cape Canaveral, Florida, or such other places as designated by a majority of the City Council in open session. OR 8-72 PAGE 1 OFfo MICROFILMED 3 -14-80 1.04 Agenda There shall be an official agenda of every meeting of the Council, which shall determine the order of business conducted at the meeting. The Council shall not take action upon any matter,, proposal, report or item of business which is not listed upon the official agenda, unless tli�`i�R i ��GWWx fa�T. PRESENT have first consented to the presentation thereof for consideration and action. The agenda shall be prepared by the Clerk in appropri- ate form approved by the Council. Matters may be placed on the agenda by the City Attorney, City Manager, any member of the Council, or any person through a sponsoring Councilman. All items of business to be placed on the a encia of a re ula, meeting shall be submitted to the City Clerk -�i.'- tet' cle swing the workshop session of the Council which shall take place on the Thursday evening immediately preceding the next regular meeting date. The official agenda for every regular meeting of the Council shall include a period of time limited to one (1) 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 officials of the City. Such question and answer period shall be regularly agendated by the City Clerk at the conclusion of the Council's order of business. The regular meeting agenda shall be made known to the public on, or before , one (1) o'clock on the Monday afternoon immediately preced- ing the regular meeting date at which time the agenda will become the order of the day. 1.05 Presiding officer, election, duties The presiding officer of the Council is the Mayor. The Council shall annually elect a Mayor Pro -tem at the first regular meeting after a general city election and he 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 election. The presiding officer shall preserve strict order and decorum at all meetings of the council. He 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 not otherwise covered. The Mayor shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence of the Mayor, such ordinances and resolutions shall be signed by the presiding officer. 1.06 Parliamentarian The City Attorney or his designee in his absence, shall act as parliamentarian, and shall advise and assist the presiding officer in matters of parliamentary law. 1.07 Attorney The City Attorney or such member of his office as he may designate with the approval of the Council shall be available to the Council at all meetings. He shall draw ordinances and resolutions for any member of the Council when and as directed. 1.08 Call to Order The Mayor shall take the chair at the hour appointed for the meeting, and shall immediately call the Countil to order. In the absence of the Mayor, and the Mayor Pro -tem, the Clerk shall then determine whether a quorum is present and in that event shall call for the election of a temporary presiding officer. Upon arrival of the Mayor, or the Mayor Pro -tem, the temporary presiding officer shall relinquish the chair upon the conclusion of the business immediately before the Council. OR 8-72 PAGE Z OF MICROFILMED 3.14-80 1.09 Roll Call Before proceeding with the business of the Council, the 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. 1. 10 Quorum A majority of the whole number of members of the Council shall constitute a quorum. No ordinance, resolution, or motion shall be adopted by the Council without the affirmative vote of the majority of all the members present. Should no quorum attend within thirty (30) minutes after the hour appointed for the meeting of the Council, the Mayor, or the Mayor Pro -tem, or in their absence, the Clerk or his designee,may adjourn the meeting until the next day, unless by unanimous agree- ment, those members present select another hour or day. The names of the members present and their action at such meeting shall be recorded in the minutes by the Clerk. 1. 11 Rules of debate (a) QUESTIONS UNDER CONSIDERATION: When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, 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 first two 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. (b) AS TO THE MAYOR: The Mayor or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members and shall not be deprived of any of the rights and privileges of a councilman by reason of his being the presiding officer. (c) GETTING THE FLOOR, IMPROPER REFERENCES TO BE AVOIDED: Every member desiring to speak for any purpose shall confine himself to the question under debate, avoiding all personalities and indecorous language. (d) INTERRUPTION: A member once recognized, shall not be interrupted when speaking unless it be to call him to order or as herein otherwise provided. If a member while speaking, be called to order, he shall cease speaking until the question of order be determined by the presiding officer, and if in order from the decision of the presiding officer upon a question of order, when without debate the presiding officer shall submit to the Council the question, "Shall the decision of the chair be sustained ?" and the Council shall decide by a majority vote. (e) PRIVILEGE OF CLOSING DEBATE: The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (f) ROLL CALL: Upon any roll call there shall be no discussion by any member voting, and he shall vote yes or no. Any member OR 8-72 PAGE 3 OFfo MICROFILMED 3.14-80 upon voting, may give a brief statement to explain his votes. A member shall have the privilege of filing with the Clerk a written explanation of his vote. A member of the Council may abstain from voting on any matter. 1. 12 Reading minutes Unless a reading of the minutes of a meeting is requested by a majority of the Council, such minutes, when signed by the Mayor and the Clerk shall be considered approved without reading; provided, that the Clerk deliver a copy thereof to each member of the Council and to the City Attorney at least two full working days preceding the meeting. The minutes of prior meetings may be approved by a majority of the members present, and upon such approval shall become the official minutes. 1. 13 Votes by roll call The vote upon every motion, resolution or ordinance shall be taken by hand vote and the vote shall be entered upon the minutes. Resolutions and ordinances shall be signed by the presiding officer at such meetings and by the Clerk before they are entered upon the minutes. 1. 14 Addressing Council Subject to the provisions of Rule 1.20 any person may petition the presiding officer orally for leave to address the Council on any matter over which the Council has control, which permission shall be granted only after a showing to the satisfaction of the presiding officer that the subject matter of the address deserves the time and attention of the Council. 1. 15 Addressing Council, manner, time Each person addressing the Council shall step up to the council table, shall give his name and address in an audible tone of voice for the minutes, and unless further time is granted by the Council, shall limit his address to ten minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than councilmen 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 councilman except through the presiding officer. 1. 16 Decorum Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the council shall be barred from further audience before the council by the presiding officer, unless permission to continue or again address the council be granted by the majority of the council. 1. 17 Sergeant - at-arms The Chief of Police, or such other city official or employee as the Chief of Police may designate, shall be the sergeant -at -arms of the council meetings. The sergeant -at- arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the meetings. 1. 18 Persons authorized at council table No person, except city officers or their representatives shall be permitted at the council table, and no person shall be permitted to disturb any councilman while on the floor during any meeting, without the express permis- sion of the Council. PAGE 4L OF6 MICROFILMED 3-14-80 e+� 1. 19 Council Member's areas of Direct Interest Each council member shall be a source of information to the Council in his area of direct interest. The intent of this rule is not to prevent any councilman from executing his rights and prerogatives of office but rather is to permit an orderly division of interests between the councilmen. The five (5) areas of interest are: (1) Public Works: roads, power and light service, telephone service, traffic and parking, recreation, city parks, city beaches and waterways; (2) Building and Zoning: Zoning and Planning Board, Board of Adjustment, Building Official, . City planning and schools; (3) Police and Fire: Police Department, City Courts and Judges, Fire Department and Fire Inspector; (4) Finance, budget and administration: City Clerk, City Treasurer, City Hall, bonds, taxes and revenue, elections, Chamber of Commerce, City Attorney, City Manager and library. (5) Sanitation and Public Health: sewage, drainage, water service, Health and Sanitation Inspector, garbage service, animal control, liquor and beverages and beautification. At the next regular meeting following the General City Election, the Council by majority vote shall assign the preceding five categories of interest to its individual members. 1.20 Ordinances, resolutions, motions, contracts (a) PREPARATION OF ORDINANCES: The City Attorney, when requested, shall prepare ordinances and resolutions which shall be delivered to the City Clerk. A copy of the same shall be forthwith furnished to each member of the Council. Ordinances shall be introduced and adopted by title and shall be read by title only by the presiding officer or his designee before consideration by the Council on first reading. Copies of all proposed ordinances shall be furni shed to each councilman and shall be made available to all interested persons. (b) APPROVAL OF ORDINANCES BY CITY ATTORNEY: All ordinances, resolutions and contract documents, before presentation to the Council, shall have been reduced to writing and shall have been approved as to form and legality by the City Attorney. Prior to presentation all such documents may be referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution or contract document would devolve. When so referred, the head of the department shall affix his signature on the document certifying to the factual contents and shall append his recommendations. (c) IN'T'RODUCING FOR PASSAGE OR APPROVAL: Ordinances, resolutions and other matters and subjects requiring action by the Council, must be introduced and sponsored by a member of the Council, except that the City Attorney may present ordinances, resolutions and other matters or subjects to the Council for consideration, and any councilman may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted in accordance with law; otherwise they shall not be considered. When a councilman assumes sponsorship of an ordinance or resolution, he may countersign the same if he desires. OR 8-72 PAGE S OFF MICROFILMED 3 -14.80 (d) WHEN ACTION TO BE TAKEN BY RESOLUTION OR ORDINANCE: An act that is required to be accomplished by ordinance shall not be accomplished by resolution. A resolution is ordinarily of a temporary character, whereas an ordinance prescribes a permanent rule of conduct or government. 1.21 Adjournment A motion to adjourn shall always be in order and decided without debate. 1.22 Clerk, minutes, agenda The Clerk, or his designated deputy clerk, shall act as clerk of the council. The Clerk shall reproduce the minutes and all resolutions and ordinances, and for a reasonable charge shall furnish copies to persons desiring them. SECTION 2. Ordinance No. 19-63 of the City of Cape Canaveral, as amended, is hereby abolished and repealed and all other City ordinances, resolutions and general laws or any part thereof in conflict with the provisions of this ordinance are hereby abolished and repealed. SECTION 3. 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 July, 1972. First reading: June 20, 1972 Posted: June 21, 1972 Second reading: JULY 5, 1972 ^^ AMENDED ON SECOND'. READING OR 8-72 PAGE b jO F 6