Loading...
HomeMy WebLinkAboutOrdinance No. 33-1973r MICROFILMED 3-14-80 ORDINANCE NO. 33 -73 AN ORDINANCE DEFINING THE ORGANIZATIONAL STRUCTURE AND FUNCTIONS OF ELEMENTS OF THE CITY; DELEGATING AUTHORITY; REPEALING ORDINANCES NO. 22 -66, AND 17 -72 PROVIDING AN EFFECTIVE DATE. ORD, *,s 77 WHEREAS, AN INSTRUMENT WHICH DEFINES THE STRUCTURE AND FUNCTIONS OF ELEMENTS OF THE CITY OF CAPE CANAVERAL, FLORIDA, IS FUNDAMENTAL, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: PART A - ORGANIZATION GENERAL SEC. 0.1 THE COUNCIL. ALL POWERS AND DUTIES OF THE CITY OF CAPE CANAVERAL SPECIFIED IN HOUSE BILL NO. 167, LAWS OF FLORIDA, REGULAR SESSION 1963, AS AMENDED, AND OF MUNICIPAL CORPORATIONS IN THE GENERAL LAWS OF THE STATE OF FLORIDA ARE VESTED IN THE COUNCIL. THE COUNCIL IS COMPOSED OF FIVE MEMBERS. WHO ARE ELECTED BY THE REGISTERED ELECTORS OF THE CITY. TWO MEMBERS ARE ELECTED EACH YEAR TO THREE YEAR TERMS, EXCEPT EVERY THIRD YEAR ONE MEMBER WHO IS ALSO THE MAYOR, IS ELECTED TO A THREE YEAR TERM. SEC. 0.3 THE MAYOR. THE MAYOR IS THE PRESIDING OFFICER AT MEETINGS OF THE COUNCIL, TITULAR HEAD OF CITY GOVERN- MENT, OFFICIAL REPRESENTATIVE OF THE CITY, AND IS RESPONSIBLE FOR THE FAITHFUL EXECUTION OF ALL ORDINANCES. SEC. 0.4 MAYOR PROTEM. THE MAYOR PROTEM SHALL. ACT FOR THE MAYOR IN THE EVENT THE MAYOR IS ABSENT FROM THE CITY OR UNABLE. TO PERFORM THE DUTIES OF THE OFFICE OF THE MAYOR. SEC. 0.5 STANDING COMMITTEES OF COUNCILMEMBERS. (A) COMMITTEE ON ZONING REGULATION. SEC. 0.7 GENERAL DESCRIPTION OF CITY ORGANIZATION. (A) PRINCIPAL STAFF UNITS. THE COUNCIL IS ASSISTED IN THE PERFORMANCE OF ITS RESPONSIBILITIES BY ITS STAFF, WHICH IS DIVIDED INTO THE FOLLOWING PRINCIPAL UNITS: (1) OFFICE OF CITY MANAGER. (2) OFFICE OF CITY CLERK. (3) OFFICE OF CITY ATTORNEY. Page 1 of 8 Ord. 33 -73 MICROFILMED 3.14'80 (4) OFFICE OF CITY TREASURER (5) OFFICE OF CITY ENGINEER. (6) MINICIPAL COURT. (7) ADMINISTRATIVE REVIEW JUDGE. (B) PRINICIPAL ADMINISTRATIVE, REVIEW, AND ADVISORY BOARDS. THE COUNCIL IS ASSISTED IN THE PERFORMANCE OF ITS RE- SPONSIBILITIES BY THE FOLLOWING BOARDS: (1) LIBRARY BOARD (ADMINISTRATIVE AND ADVISORY) . (2) ZONING BOARD OF ADJUSTMENT (REVIEW). (3) BUILDING BOARD OF ADJUSTMENT (REVIEW). (4) HOUSING BOARD OF ADJUSTMENT (REVIEW). (5) NOISE ABATEMENT BOARD OF ADJUSTMENT (REVIEW). (6) ZONING AND PLANNING BOARD (ADVISORY). (7) BEAUTIFICATION BOARD (ADVISORY) (8) RECREATION BOARD (ADVISORY AND ADMINISTRATIVE) (C) INTER - RELATIONSHIP OF FUNCTIONS AMONG STAFF AND BOARDS. (RESERVED). OFFICE OF CITY MANAGER SEC. 0.11 FUNCTIONS OF THE OFFICE. THE CITY MANAGER IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO THE COUNCIL. THE CITY MANAGER HAS THE FOLLOWING DUTIES AND RESPONSI- BILITIES. (A) TO PROVIDE SUSTAINED ADMINISTRATIVE LEADERSHIP AND COORDINATION OF STAFF AND BOARD ACTIVITIES IN CARRYING OUT THE ACTS AND DIRECTIVES OF THE COUNCIL, THROUGH OVERALL SUPER- VISION AND COORDINATION. IN THIS CAPACITY, HE COORDINATES THE ACTIVITIES OF STAFF AND BOARDS TO ASSURE THAT ADEQUATE INFORMATION AND RECOMMENDATION IN IMPORTANT AREAS ARE EXPEDITIOUSLY CONSIDERED BY THE STAFF AND BOARDS, AND BROUGHT PROMPTLY TO THE ATTENTION OF THE COUNCIL. (B) TO REVIEW WITH THE COUNCIL AND WITH HEADS OF THE SEVERAL BOARDS AND OFFICES, THE PROGRAMS AND PROJECTS OF THE CITY AND TO MAKE RECOMMENDATIONS THEREON AS MAY BE NECESSARY TO ADMIN- ISTER THE CITY MOST EFFECTIVELY IN THE PUBLIC INTEREST. Page 2 of 8 Ord. 33 -73 � O C R O F 4114E 1D 344,80 (C) TO ASSIST THE MAYOR IN CARRYING OUT THE A'MINIS- TRATIVE AND EXECUTIVE RESPONSIBILITIES DELEGATED TO THE MAYOR AND, IN CONNECTION THEREWITH, TO PLAN, DIRECT, COORDINATE, AND MANAGE THE ADMINISTRATIVE AFFAIRS OF THE COUNCIL. (D) TO PREPARE THE ANNUAL BUDGET IN CONJUNCTION WITH THE CITY TREASURER, WITH THE ASSISTANCE OF ALL OFFICES AND BOARDS. (E) TO DIRECTLY ADMINISTER AND SUPERVISE THE UNITS OF THE OFFICE. SEC. 0.13 UNITS OF THE OFFICE. (A) IMMEDIATE OFFICE OF THE CITY MANAGER. (B) POLICE DEPARTMENT. (C) BUILDING DEPARTMENT. (D) WASTE WATER TREATMENT DEPARTMENT. (E) MAINTENANCE DEPARTMENT. (F) ROAD AND HIGHWAY DEPARTMENT. SEC. 0.15 DEPUTY CITY MANAGER. THE CITY CLERK SHALL BE THE DEPUTY CITY MANAGER WHO SHALL ACT FOR THE CITY MANAGER DURING SICKNESS OR ABSENCE OF THE CITY MANAGER AND BE RESPONSIBLE FOR THE FUNCTIONS OF THE OFFICE. OFFICE OF THE CITY CLERK SEC. 0.21 FUNCTIONS OF THE OFFICE. THE CITY CLERK IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO THE COUNCIL. THE CITY CLERK HAS THE FOLLOWING DUTIES AND RESPONSI- BILITIES: (A) PURSUANT TO §119.021, FLORIDA STATUTES, AND THE CITY CHARTER, TO BE CUSTODIAN OF ALL PUBLIC RECORDS OF THE CITY AS DEFINED IN 5119.011, FLORIDA STATUTES, AND THE SEAL OF THE CITY. (B) TO BE SECRETARY OF THE COUNCIL AND PERFORM THOSE DUTIES SPECIFIED IN THE COUNCIL RULES OF PROCEDURE. (C) TO FUNCTION AS SUPERVISOR OF ELECTIONS PURSUANT TO THE FLORIDA ELECTION CODE. (D) TO ISSUE ALL LICENSES AND INSTRUMENTS OF AUTHOR- ITY IN ACCORDANCE WITH THE LAWS AND PROCEDURES OF THE CITY, EXCEPT FOR THOSE OF COURT. (E) TO DIRECTLY ADMINISTER AND SUPERVISE THE UNITS OF THE OFFICE. Page 3 of 8 Ord. 33 -73 MICRO LMED 344 °8 SEC. 0.23 UNITS OF THE OFFICE. (A) IMMEDIATE OFFICE OF THE CITY CLERK. SEC. 0.25 DEPUTY CITY CLERK. THE COUNCIL SHALL APPOINT ONE OR MORE DEPUTY CITY CLERKS WHO SHALL ACT FOR THE CITY CLERK DURING SICKNESS OR ABSENCE OF THE CITY CLERK AND BE RESPONSI- BLE FOR THE FUNCTIONS OF THE OFFICE. OFFICE OF CITY ATTORNEY SEC. 0.31 FUNCTIONS OF THE OFFICE. THE CITY ATTORNEY IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO THE COUNCIL. THE CITY ATTORNEY HAS THE FOLLOWING DUTIES AND RESPONSI- BILITIES: (A) TO ADVISE AND REPRESENT THE COUNCIL IN MATTERS OF LITLGATION. (B) TO ADVISE AND MAKE RECOMMENDATIONS TO THE COUNCIL WITH RESPECT TO PROPOSED LEGISLATION AND TO COORDINATE THE PRE- PARATION OF COUNCIL VIEWS ON.PROPOSED OR CURRENT FLORIDA OR FEDERAL LAW. (C) TO INTERPRET FLORIDA OR FEDERAL LAW. (D) TO PREPARE AND MAKE RECOMMENDATIONS AND INTER - PRETATIONS CONCERNING PROCEDURAL RULES, TO PREPARE ORDINANCES AND RESOLUTIONS ON REQUEST OF COUNCIL AND BOARDS, AND TO REVIEW ALL ORDINANCES. FOR CONSISTENCY, UNIFORMITY, AND LEGAL SUFFICIENCY. (E) TO CONDUCT RESEARCH IN LEGAL MATTERS AS DIRECTED BY THE COUNCIL. (F) TO PERFORM ALL LEGAL FUNCTIONS WITH RESPECT TO LEASES, CONTRACTS, TORT CLAIMS AND SUCH OTHER INTERNAL LEGAL PROBLEMS AS MAY ARISE. (G) TO DIRECTLY ADMINISTER AND SUPERVISE THE UNITS OF THE OFFICE. SEC. 0.33 UNITS OF THE OFFICE. (A) IMMEDIATE OFFICE OF THE CITY ATTORNEY. SEC. 0.35 DEPUTY CITY ATTORNEY. THE COUNCIL SHALL. APPOINT A DEPUTY CITY ATTORNEY WHO SHALL ACT FOR THE CITY ATTORNEY DURING SICKNESS OR ABSENCE OF THE CITY ATTORNEY AND SHALL BE RESPONSIBLE. FOR THE FUNCTIONS` OF THE' OFF]CE. Parrin. t elf Q nrrl ZZ_77 MICR LMIED 3-14 OFFICE OF CITY TREASURER SEC. 0.41 FUNCTIONS OF THE OFFICE. THE CITY TREAS- URER IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO THE COUNCIL. THE CITY TREASURER HAS THE FOLLOWING DUTIES AND RESPONSIBILITIES: (A) TO RECEIVE ALL MONEYS AND FUNDS COMING IN OR BELONGING TO THE CITY FOR TAXES, LICENSES, PERMITS, FINES AND FROM ANY AND ALL SOURCES WHATEVER, AND KEEP A FAITHFUL AND STRICT ACCOUNT OF ALL SUCH MONEYS AND FUNDS, AND PAY SAME OUT ONLY UPON THE ORDER OF THE CITY COUNCIL, MADE IN PURSUANCE OF LAW AND ORDINANCE. (B) TO KEEP A STRICT ACCOUNT OF EACH FUND SEPARATE AND AS DIRECTED BY THE COUNCIL. (C) TO PREPARE ALL CHECKS AND VOUCHERS TO BE DRAWN ON THE CITY DEPOSITORIES, AND SIGN THE SAME AND PRESENT SUCH CHECKS TO THE MAYOR, OR IN HIS ABSENCE TO THE MAYOR PRO -TEM, TO BE COUNTERSIGNED AS PROVIDED HEREIN. (D) TO COLLECT MONEYS PURSUANT TO DIRECTIVE OF THE COUNCIL. (E) TO PERFORM IN CONJUNCTION WITH THE CITY MANAGER IN PREPARATION OF THE ANNUAL BUDGET WITH THE ASSISTANCE OF ALL OFFICES AND BOARDS, AND TO MAKE AVAILABLE A MONTHLY REPORT OF INCOME AND EXPENDITURES RELATIVE TO THE CURRENT BUDGET. (F) TO DIRECTLY ADMINISTER AND SUPERVISE THE UNITS OF THE OFFICE. SEC. 0.43 UNITS OF THE OFFICE. (A) .IMMEDIATE OFFICE OF THE CITY TREASURER. (B) COLLECTION DIVISION. SEC. 0.45 DEPUTY CITY TREASURER. THE COUNCIL SHALL APPOINT A DEPUTY CITY TREASURER WHO SHALL ACT FOR THE CITY TREAS- URER DURING SICKNESS OR ABSENCE OF THE CITY TREASURER AND SHALL BE RESPONSIBLE FOR THE FUNCTIONS OF THE OFFICE. OFFICE OF CITY ENGINEER SEC. 0.51 FUNCTION OF THE OFFICE. THE CITY ENGINEER IS DESIGNATED BY THE COUNCIL AND IS DIRECTLY RESPONSIBLE TO THE COUNCIL. THE CITY ENGINEER HAS THE FOLLOWING DUTIES AND RESPON- SIBILITIES: Page 5 of 8 Ord. 33 -73 ICROFtL' ED3 14-80 (A) TO CONDUCT RESEARCH IN ENGINEERING MATTERS AS DIRECTED BY THE COUNCIL. (B) TO PERFORM ALL ENGINEERING FUNCTIONS WITH RESPECT TO PUBLIC WORKS OPERATIONS, BUILDING AND PLANNING REVIEW, AND SUCH INTERNAL ENGINEERING PROBLEMS AS MAY BE DIRECTED BY COUNCIL. (C) TO DIRECTLY ADMINISTER AND SUPERVISE THE UNITS OF THE OFFICE. SEC. 0.53 UNITS OF THE OFFICE. (A) IMMEDIATE OFFICE OF THE CITY ENGINEER. MUNICIPAL COURT SEC. 0.81 GENERAL AUTHORITY. THE MINICIPAL COURT IS A PERMANENT BODY WITH CONTINUING FUNCTIONS. IT HAS JURISDICTION OVER ALL OFFENSES WHICH ARE NOT FELONIES COMMITTED WITHIN THE CITY. THE RULES OF THE COURT SHALL BE THE RULES OF CRIMINAL PROCEDURE OF THE STATE OF FLORIDA. SEC. 0.83 OFFICERS OF THE COURT. (A) JUDGE. (B) ASSOCIATE JUDGE. (C) PROSECUTOR. (D) ASSISTANT PROSECUTOR. (E) PUBLIC DEFENDER. (F) ASSISTANT PUBLIC DEFENDER (G) CLERK (H) DEPUTY CLERK SEC. 0.85 ALTERNATE OFFICERS. AT ANY TIME THE JUDGE, PROSECUTOR, PUBLIC DEFENDER, OR CLERK ARE NOT AVAILABLE TO SERVE AS OFFICERS OF THE COURT, THE ASSOCIATE JUDGE, ASSISTANT PROSECUTOR, ASSISTANT PUBLIC DEFENDER, OR DEPUTY CLERK, SHALL SERVE RESPECTIVELY. ADMINISTRATIVE REVIEW JUDGE SEC. 0.91 GENERAL AUTHORITY. THE AUTHORITY AND RE- LATED FUNCTIONS OF THE OFFICE SHALL BE AS SET FORTH IN ORDINANCE NO. 24 -73. LIBRARY BOARD SEC. 0.101 GENERAL AUTHORITY. THE AUTHORITY AND RE- LATED FUNCTIONS OF THE LIBRARY BOARD SHALL BE AS SET FORTH TN ORDINANCES NO. 11 -66 AND 9 -73. Page 6 of 8 Ord. 33 -73 r,' ZONING BOARD OF ADJUSTMENT SEC. 0.111 GENERAL AUTHORITY. THE AUTHORITY AND RELATED FUNCTIONS OF THE ZONING BOARD OF ADJUSTMENT SHALL BE AS SET FORTH IN ORDINANCES NO. 7 -72 AND 12 -71. BUILDING BOARD OF ADJUSTMENT SEC. 0.121 GENERAL AUTHORITY. THE AUTHORITY AND RELATED FUNCTIONS OF THE BUILDING BOARD OF ADJUSTMENT SHALL BE AS SET FORTH IN ORDINANCE NO. 3 -72. HOUSING BOARD OF ADJUSTMENT SEC. 0.131 GENERAL AUTHORITY. THE AUTHORITY AND RELATED FUNCTIONS OF THE HOUSING BOARD OF ADJUSTMENT SHALL BE AS SET FORTH IN ORDINANCE NO. 3 -72. NOISE ABATEMENT BOARD OF ADJUSTMENT SEC. 0.141 GENERAL AUTHORITY. THE AUTHORITY AND RELATED FUNCTIONS OF THE NOISE ABATEMENT BOARD OF ADJUSTMENT SHALL BE AS SET FORTH IN ORDINANCE NO. 20 -73. ZONING AND PLANNING BOARD SEC. 0.151 GENERAL FUNCTIONS. THE FUNCTIONS OF THE ZONING, AND PLANNING BOARD SHALL BE AS SET FORTH IN. ORDINANCES NO. 18 -65, AS AMENDED, AND 12 -71. BEAUTIFICATION BOARD SEC. 0.161 GENERAL FUNCTIONS. THE FUNCTIONS OF THE BEAUTIFICATION BOARD SHALL BE AS SET FORTH IN ORDINANCE NO. 11 -68. RECREATION BOARD. SEC. 0.171 GENERAL FUNCTIONS. THE FUNCTIONS OF THE RECREATION BOARD SHALL BE AS SET FORTH IN ORDINANCE NO. 64 -24, AS AMENDED. M Q(.° LMED 3 -14- PART B - DELEGATIONS OF AUTHORITY (RESERVED) SEC. 1 ORDINANCES NO. 22 -66. AND 17 -72 HEREBY STAND REPEALED. SEC. 2 THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDI- ATELY UPON ITS ADOPTION BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL. 1IICROFIMID 3 -14-80 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA THIS 18th DAY OF SEPTEMBER 1973. ATTEST: CITY CLERK APPROVED AS TO FORM: ITY ATTORNEY FIRST READING: SEPTEMBER 4, 1973 POSTED: SEPTEMBER 6, 1973 SECOND READING: SEPTEMBER 18, 1973 AMENDED ON SECOND READING. NAME ' YES NO ASS MACLAY RHAME "� 1/ RUTKOWSKIy/ SALVAGGIO �/ THURM >■