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HomeMy WebLinkAboutOrdinance No. 16-1983MICROFILMED 415 -85 ORDINANCE NO. 16 -83 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA, A PRO- POSED AMENDMENT TO ARTICLE III, SECTION 2, ARTICLE VIII, ARTICLE XI, ARTICLE-- XIL1 -, - kE_T -IGLE- 40-ITT ARTICLE XV,._DE-LgTZNG-ARTI-CLES- *IX,- X'AND XtI- OF THE CITY CHARTER, CHANGING THE FORM OF GOVERNMENT FROM A STRICTLY COUNCIL /MAYOR FORM OF GOVERNMENT TO A CITY MANAGER FORM OF GOVERNMENT; ESTABLISHING THE LANGUAGE FOR THE PROPOSED AMENDMENT IN THE REFERENDUM; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. ARTICLE III, Section 2 of ,the City Charter is hereby deleted in its entirety and replaced by the following: "Sec. 2. Appointed Officers. The City Council shall have the power to appoint, employ and remove from office such officers and employees of the City as the City Council shall deem necessary for the operation of the City. Said appointments and removals shall be subject to the majority vote of the City Councilmen. The City Council shall fix the compensation of all appointed officers of the City by resolution. The appointed officers shall be those of the City Manager and the City Attorney." SECTION 2. ARTICLE VIII, CITY CLERK, Section 1 is hereby deleted in its entirety and replaced by the following: "Sec. 1. Appointment and Duties. The City Manager shall appoint a City Clerk and such deputies as might be required. It shall be the duty of the City Clerk to attend all meetings of the City Council, and to keep correct minutes of all their proceedings in a book kept for that purpose. The City Clerk shall be custodian of papers, books and records of the City and of the seal of the City, and shall attest and affix the seal of the City to all instruments and documents requiring the same; and he shall perform such other duties as are prescribed in this act or required by ordinance, or shall be required by the City Manager from time to time." *Deleted on Second Reading 7 -5 -83 ORD. NO. 16 -83 PAGE 1 OF 4 M1CROFUe 4 -I5 -85 * - SECTION - -3-, A.T- CAE- IX, -C.TY TAX ASSE- &SGR -i- ARTICLE X,- -C1TW TAX. COLLECTOR ,- ARTICLE -X�I- MUNICIPAL- CGURTT are heeby- - deleted-im their-entirety as-a- result ef- amendme t& o -t ie- - State- Canst4-tut3on. - SECTION 4. ARTICLE XI, CITY TREASURER, Section 1 is hereby deleted in its entirety and replaced by the following: "Sec. 1. Appointment and Duties. The City Manager shall appoint a City Treasurer. It shall be the duty of the City Treasurer to receive all monies and funds coming in or belonging to the City for taxes, licenses, fines and from any and all sources whatever, and he shall keep a faithful and strict account of all such monies and funds and shall pay same out only upon the order of the City Council, made in pursuance of law and ordinance. It shall be the duty of said City Treasurer to keep a strict account of each fund separate. All City funds shall be kept and deposited as shall be directed by the City Manager. The City Treasurer shall prepare all checks and vouchers to be drawn on the City depositories, and shall 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, or as otherwise provided by ordinance of the City Council. He shall perform such other duties as the City Manager, from time to time, shall require of him." * - SECTION -5 -.- -ARTICLE-XI-EL ,-POLICE DEPARTMENT-, - - eby- deleted- n its -eat ire -ty- aid- rep -laced --with- the- fol-lowin.g -: - - ."Ses -. =1,- -Establishment -of Rol-ice -Department-. - = The- G-ity- Csuncia -may - establ- isrh- a- Po-lice- De- partment -and.--tlIe Na. a.ger- sha -1l- appoint- - a- Police - Ch -ie-f- Faith- the- concurrence- of -the - _C ity Council -. - * SECTION- 6-. - ART -IDLE- X-IV-, -FIRE- DEPAR-TMEN -T,- T7 Sect ion- 1- -is- hereby - de -leted in- .its- entirely -and-replaced- by -the- - f®- lloig;- - "- Sic..- 1 - A . ho-r }za -tion- of - Fire-Depa- .'t ten.t•. _The - City - may- have -a -paid- Fire -Department- -which - slat -1 - cons -is-t -o€- a✓ Fire - Ch.ie -f -and - -such- rather- RAa.lube-r -of- firemen- - a-s -the -City - -tanag r -May -dot ermine .- -The -Fire- Gh ee€- *Deleted on Second Reading ORD. NO. 16 -83 7 -5 -83 PAGE 2 OF 4 MICROFILMED 4 -15 -35 - sha.11 -b& the h..ead. -o-t the .i. e- Department. - _and_he .shall be- asapo.i a,ted- and_remsved -biz the C.ity_Manager..- _Ha and the „firemen shall xece ive such-compensation .as_na y_ - e detarmined_bj the C,ity_Manager "_ SECTION 7. ARTICLE XV, PUBLIC WORKS, Section 1 is hereby deleted in its entirety and replaced by the following: "Sec. 1. Creation of Department of Public Works. The City Council shall have the power to create in the City of Cape Canaveral, a Department of Public Works to be known as "Department of Public Works, City of Cape Canaveral, Florida." When such department shall be created, the City Manager shall appoint a Superintendent of Public Works who shall be in charge of the Department of Public Works. The Superintendent shall be responsible to the City Manager for the proper performance of the duties imposed upon him by this act, and shall perform daily the duties of this office in such a manner as may be designated by the City Manager, and he shall provide surety bond in such an amount as may be required by the City Manager for the faithful performance of his duties, which shall be as follows: 1. To exercise control and direct super- vision over all municipal utilities, contracts, repair of streets and the care of parks, ex- cept those pertaining to the water and sewage systems of the City of Cape Canaveral. 2. To see that the terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof to call the same to the attention of the City Manager whose duty it is to see that such action as might be neces- sary to enforce same is taken. 3. To have charge of the removal of garbage and trash or franchise thereof, and it shall be his duty to see that the streets are kept clean. 4. He shall perform such other duties as the City Manager from time to time, shall require of him." SECTION 8. The City Clerk shall advertise the proposed Charter Amendments pursuant to Florida Statues. *Deleted on Second Reading 7 -5 -83 ORD. NO. 16 -83 PAGE 3 OF 4 M /CRIOC'ILMED 4 -15 -85 SECTION 9. The above amendments to the Charter of the City of Cape Canaveral, Florida, shall be submitted to the electors of the City of Cape Canaveral, Florida, at its general City election to be held on November 8, 1983. SECTION 10. Upon adoption of the proposed amendments to the Charter of the City of Cape Canaveral, Florida, by a majority of the electors voting in the referendum, the City of Cape Canaveral, Florida, shall have the Amendments incorporated in the Charter and shall file the revised Charter with the office of the Secretary of State, at which time the revised Charter shall take effect. SECTION 11. 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 1983. NAME YES NO CALVERT X HARRIS X NICHOLAS X RUTHERFORD X WINCHESTER X ORD. NO. 16 -83 PAGE 4 OF 4