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HomeMy WebLinkAboutOrdinance No. 38-1993ORDINANCE NO. 38 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CERTAIN PROVISIONS OF THE CITY CHARTER TO PROVIDE GENDER NEUTRAL TERMINOLOGY IN LIEU OF MASCULINE TERMINOLOGY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Article I, Section 5, of the Charter of the City of Cape Canaveral is amended to read as follows: Sec. 5. Reorganization of Officers. The government and corporate authority of the City shall be vested in a City Council and in a Mayor who shall be a member of the Council. Such Council shall consist of five members. The term of the Councilmembers shall be two years. The present Councilmembers or their successors shall continue in office until the first election of Councilmembers held under the provisions of this act. The three Councilmembers receiving the greatest number of votes in the said election shall serve for two years. The remaining two shall serve until the general city election held in 1964. Thereafter each Councilmember elected shall serve for a term of two years or until their successors shall be elected and qualified. In the even - numbered years, the three candidates, respectfully, receiving the highest number of votes, shall be deemed elected. Such other offices as may exist at this time shall be abolished unless authorized by the provisions of this act. Commencing with the general city election held in 1971, two Councilmembers shall be elected for a period of three (3) years; commencing with the general city election in 1972, two Councilmembers shall be elected for a period of three (3) years; thereafter each Councilmember elected shall serve a term of three (3) years, or until a successor shall be elected and qualified. Commencing with the general city election in 1971, the office of Mayor shall be elected with the candidate for Mayor receiving the highest votes, serving for two (2) years. In the general City election in 1973, the office of Mayor shall be elected for a period of three (3) years; thereafter the Mayor elected shall serve for a term of three (3) years or until a successor shall be elected and qualified. SECTION 2. Article III, Section 1, of the City Charter is amended to read as follows: Sec. 1. Qualifications of Mayor and Councilmembers. The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of electors therein. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall, while in office, be convicted of a crime involving moral turpitude, shall forfeit his or her office and his or her seat shall immediately become vacant. Absence from four consecutive regular meetings of the City Council, or from thirty percent of the meetings held annually, shall operate to vacate the seat of a member of the City Council or the office of the Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. City of Cape Canaveral, Florida Ordinance No. 38 -93 Page 2 SECTION 3. Article III, Section 2, of the City Charter is amended to read as follows: 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 Councilmembers. 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 4. Article III, Section 4, of the City Charter is amended to read as follows: Sec. 4. Vacancies in Elected Offices. If any vacancy occurs in the City Council for any reason other than the recall of a Council Person, the City Council shall, within thirty (30) days following the occurrence of a vacancy, elect a successor Council Person who shall serve until the next General Election. At the next General Election, the vacant position shall be filled by a vote of the electors for the remainder of the original term. Any Councilmember so elected shall take office immediately upon his or her election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Councilmembers to fill the vacancies on the City Council and any Councilmembers so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired terms of office of the Councilmembers whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such appointments shall be made within six months of the next General Election, no special election shall be required but those offices shall be filled at such General Election. If there shall be a vacancy in the office of Mayor, the Mayor Pro Tem shall serve as Mayor until the next General Election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. SECTION 5. Article IV, Section 1, of the City Charter is amended to read as follows: Sec. 1. Duties of the Mayor. The Mayor of the City shall see that all ordinances are faithfully executed and shall be the titular head of the City government. The Mayor shall be the official representative of the City at all state functions or other functions requiring an official representative of the City. The Mayor shall not have the power to veto any ordinance or resolution passed by the City Council. The Mayor shall vote on issues coming before the Council as if he or she were a Councilmember. During the absence or disability of the Mayor, his or her duties shall be performed by the Mayor Pro Tem. SECTION 6. Article IV, Section 3, of the City Charter is amended to read as follows: Sec. 3. Election of Mayor. The office of Mayor shall be elected commencing with the general city election in 1971, and City of Cape Canaveral, Florida Ordinance No. 38 -93 Page 3 the candidate receiving the highest number of votes shall serve for a period of two (2) years; commencing with the general city election in 1973, the Mayor shall be elected for a term of three (3) years and thereafter the Mayor elected shall serve a three (3) year term or until his or her successor shall be elected and qualified. SECTION 7. Article V, Section 1, of the City Charter is amended to read as follows: Sec. 1. Meetings. The City Council shall meet at such time and place as may be prescribed by ordinance or resolution. The Council shall hold a minimum of two meetings per month. Special meetings may be held on an affirmative vote of a majority of the City Councilmembers. All meetings of the City Council for the transaction of official business shall be open to the public. SECTION 8. Article XXI, Section 2, Subsection C., of the City Charter is amended to read as follows: C. Elected Councilmembers. The newly elected City Councilmembers shall assume the duties of their office at the next regular meeting of the Council following their election at the place normally used for Council meetings. SECTION 9. Article XXIV, Section 4, of the City Charter is amended to read as follows: Sec. 4. Emergency Ordinance. The City Council may by unanimous vote of the Councilmembers present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances, and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced, provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and it shall be temporarily effective for a period of not more than thirty (30) days from the date of its passage. If the Emergency Ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever, in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance. SECTION 10. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or 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. a NO City of Cape Canaveral, Florida Ordinance No. 38 -93. Page 4 SECTION 11. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 12. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Brevard County, Florida, this 19th day of October , 1993 ATTEST: aith APPROVED AS TO . FORM John R. Kan. Y _ ' t ETY ATTORNEY hn Porter, MAYOR PRO - TE I First Reading : 10/5/93 Posted: 10/6/93 Advertised: 10/8/93 Second Reading: 10/19/93