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HomeMy WebLinkAboutOrdinance No. 05-1973AMENDED' MICROFILMED 3.14 -8 oRb al - ,13 ©RAlt j = 7 'RA /4 -7Y ORDINANCE NO, 5 -73 (As Amended)OR0 /5-74 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: SEC, PION 1. The following shall constitute the Rules of Procedure for the City Council of the City of Cape Canaveral, Florida: INDEX TO COUNCIL RULES OF PROCEDURE GENERAL RULES 1.01 Robert's Rules to Govern INITIATION AND NOTICE OF MEETINGS 1.02 Regular Meetings 1.03 Special Meetings 1.04 Workshop Meetings INITIATION AND NOTICE OF MATTERS BEFORE COUNCIL 1.05 Preparation of Ordinances and Resolutions 1.06 Preparation and Notice of Agenda OFFICERS AND OFFICIALS AT MEETINGS 1.07 Presiding Officer 1.08 Council Member s 1.09 City Clerk 1.10 City Manager 1.11 City Attorney 1.12 Sergeant -at -Arms CONDUCT OF MEETINGS 1.13 Call to Order; Quorum; Roll Call 1.14 Minutes 1.15 Consideration of Matters Before Council 1.16 Adoption 1.17 General Discussion 1.18 Adjournment GENERAL RULES 1.01 Robert's Rules to Govern Except as may be provided in the Charter or in these rules, questions of order, the methods of organization and the conduct of business of the Council shall be governed by Robert's Rules of Order (75th Anniversary Edition) in all cases to which they are applicable. INITIATION AND NOTICE OF MEETINGS 1.02 Regular Meetings The City Council shall hold regular meetings the first and third Tuesday of each month at 7 :30 o'clock in the evening. When the day fixed for any regular meeting 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 meetings may be n 5 -73 PAGE I OFs' r. 9C& OfiLIIED 3 -14-80 otherwise postponed, cancelled, only by resolution adopted at a meeting by a majority vote 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 ma- jority of the Council in open session. 1.03 Special Meetings A special meeting of the City Council may be initiated by any of the following means: (a) by an affirmative vote of a majority of the members of the Council present at each regular meeting; (b) by serving the City Clerk notice in writing and signed by a majority of the members of the Council. The Clerk shall forthwith 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 his notice of a special meeting initiated in this manner shall allow at least twenty -four hours to elapse between the call of the meeting and the date and hour of the meeting. (c) by verbal notice to the City Clerk by a majority of the members of the City Council whenever an emergency exists which requires immediate action by Council. The Clerk shall forthwith 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 was impossible to give notice to each councilman, such failure shall not affect the legality of the meeting. All special meetings shall be held in the City Hall of the City of Cape Canaveral, Florida, or such other places as designa- ted by a majority of the Council in open session, and shall be open to the public and to the press. 1.04 Workshop Meetings Members of the City Council will normally meet on the Thurs- day prior to each regular meeting at 7:30 o'clock in the evening to informally discuss matters relating to city business. These meetings shall normally be held in the City Hall of the City of Cape Canaveral, Florida. INITIATION AND NOTICE OF MATTERS BEFORE COUNCIL 1.05 Preparation of Ordinances and Resolutions (a) 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 perman- ent rule of conduct or government. (b) All ordinances and resolutions must be initiated by a member of the Council or the City Attorney. (c) All ordinances and resolutions shall be reduced to writ- ing and shall be approved as to form and legality by the City Attorney prior to consideration by the Council at any regular meeting. (d) 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 meeting. A copy shall be normally furnished to each Council member at the workshop meeting, prior to the regular meeting, at which the ordinance or resolution shall be considered. In the event that the aforementioned workshop meeting is not held, copies of proposed ordinances and re- solutions shall be sent to the residences of all Council members and to the office of the City Attorney at least 48 hours prior to the regular meeting. (e) All ordinances and resolutions shall enjoy public notice in accordance with Article XXIV, Section 4, City of Cape Canaveral Charter, or the Zoning Ordinance, or the statutes of the State of Florida, as appropriate. 1.06 Preparation and Notice of Agenda (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 Council, the City Attorney, City k or City Manager. P 9�' AGE OFs'' MICROFILMED 3.14-80 (c) All items to be placed on the agenda must be filed with_ the City Clerk prior to or during the workshop meeting. (See 51.04 above) In the event that the workshop meeting is not held, any mem- ber of Council, the City Attorney, City Clerk or City Manager may place an item on the agenda at least three days prior to the regu- lar meeting. This agenda will then be sent to the residences of the members of Council and to the office of the City Attorney as provided for in Paragraph 1.05, Sub- Paragraph (d) above. (d) A discussion period limited to one hour shall be included automatically on the agenda. (See §1.17 below) (e) The agenda for all meetings shall enjoy public notice by being posted in a conspicuous place in City Hall prior to 1:00 o'clock on the day preceding the meeting. OFFICERS AND OFFICIALS AT MEETINGS 1.07 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 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 if a parliamentary decision by the presiding officer is challenged. 1.08 Council Members 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 prerog- atives of office, but rather to permit an orderly division of in- terests among the councilmen. The areas of interest are: (a) Public Works: roads, power and light service, telephone service, traffic and parking, recreation, city parks, city beaches and waterways; (b) Building and Zoning: Zoning and Planning Board; Board of Adjustment, Building Official, City planning and schools; (c) Police and Fire: Police Department, City Courts and Judges, Fire Department and Fire Inspector; (d) Finance, Budget and Administration: City Clerk, City Treasurer, City Hall, bonds, taxes and revenue, elections, Chamber of Commerce, City Attorney, City Manager and library; (e) 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 day of the General City Election, the Council, by majority vote, shall assign the proceding five categories of interest to its individual members. 1.09 City Clerk The City Clerk or the Deputy Clerk, in his absence, 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. The Clerk shall give proper notice of all agendas, meetings, ordinances and resolutions 1.10 City Manager The City Manager shall be present and prepared to advise the Council of matters within his responsibility at all Council meetings, unless excused by Council. 1.11 City Attorney The City Attorney or the Assistant City Attorney in his ab- sence, shall be available to the Council at all meetings, unless excused by Council. He shall draw ordinances and resolutions for any member of the Council when and as directed. He shall act as parliamentarian at all meetings and advise and assist the presiding officer in matters of parliamentary law. OR 5-73 PAGE 3 OFS MICROFILMED 3 -14-30 1.12' '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 meeting. The Sergeant -at -Arms shall carry out all orders and instructions given by the presiding officer for the pur- pose of maintaining order and decorum at the meeting. CONDUCT OF MEETINGS 1.13 Call to Order; Quorum; Roll Call (a) The presiding officer s1iall take the chair at the hour appointed for the meeting and shall immediately call the Council to order. In the absence of the Mayor and the Mayor pro tem, any Council member may call the meeting to order at the appointed hour. (b) Before proceeding with the business of the Council, the Clerk or his designee shall call the roll of the members in alpha- betical order, and the names of those present shall be entered in the minutes. (c) If a quorum is not present at the roll call, no further business shall be transacted and a recess shall be automatic for a period of thirty minutes or until a quorum is in attendance, which - ever;shall first occur. If a quorum is not in attendance at the end of the thirty minute recess, the meeting shall be automatically adjourned. (d) In the absence of the Mayor and the Mayor pro tem and a quorum is present, the first order of business shall be the elect- ion of a temporary presiding officer. Upon arrival of the Mayor or Mayor pro tem, the temporary presiding officer shall relinquish the chair upon the conclusion of the business immediately before the Council. 1.14 Minutes Unless reading of the minutes of a meeting is requested by a member of the Council, at a regular meeting, such minutes when signed by the Mayor and the Clerk shall be considered approved without reading; provided that the Clerk will deliver a copy there- of to each member of the Council and to the City Attorney at the workshop preceding the regular meeting. In the event the workshop is not held, the minutes shall be delivered to each member of the Council and to the City Attorney at least 48 hours preceding the regular meeting as provided for in Paragraph 1.05, sub - paragraph (d) above. The minutes of a meeting may be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. 1.15 Consideration of Matters Before Council (a) The Council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the council members present have first consented to the presentation thereof for consideration and action. (b) All items of business shall be considered in accordance with the agenda and announced by the presiding officer. Any motion shall then be appropriate. (c) When a motion is presented and seconded, it is under con- sideration and no other 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 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 mem- bers present. (d) The presiding officer 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. (e) Every Council member desiring to speak for any purpose shall confine himself to the question under debate, avoiding all personalities and indecorous language. A member once recognized shall not be interrupted when speaking unless it be to call him; to order or as herein otherwise provided. (f) Any citizen present at the meeting orally may petition the presiding officer to address the Council. Permission shall be grant- ed only after a showing that the subject matter is relevant to the business under consideration and is significantly informative to the Council. OR 5-73 PAGE'S OFs M1CROFILICIIED 34410 (g) Each person addressing the Council shall stand, shall give his name and address in an audible tone for the minutes, and unless further time is granted by the Council, shall limit his address to five minutes. No person other than councilmen and the person having the floor, shall be permitted to enter into any dis- cussion either directly or through a member of the Council, with- out the permission of the Presiding Officer. No question shall be asked a Councilman except through the Presiding Officer. (h) 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. (i) The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing debate. 1.16 Adoption Upon cessation of discussion or if called, the motion shall be restated by the Presiding Officer and a hand vote shall be taken and the presiding officer shall orally declare the vote of each Council member. The Clerk shall record the vote of each Council member. No member shall abstain except for those reasons enumer- ated in Sections 112.313 and 112.314, Florida Statutes. 1.17 General Discussion Every regular meeting of the Council shall include a period of time limited to one hour for the purpose of a question and an- swer 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. The limitations set forth in §1.15 (g) and (h) shall apply. 1.18 Adjournment A motion to adjourn shall always be in order and decided with- out debate. SECTION 2. Ordinance No. 8 -72 of the City of Cape Can- averal, 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 abol- ished 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 3rd day of April 73. Mayor roved as to form: First Reading: MARCH 6, 1973 Second Reading: April 3, 1973 Posted: March 9, 1973 OR 5-� PAGE 0F 5'