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ORDINANCE NO. 93-0-18
AN ORDINANCE REPEALING ARTICLE II (COUNCIL
PROCEEDINGS) OF CHAPTER 2 (ADMINISTRATION) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. As the result of the adoption of the new City Charter in
1992, certain sections of Article II. Council Proceedings of
Chapter 2. Administration of the Code of Ordinances now conflict
with or duplicate provisions of the Charter.
2. Section 3.11(b) of the Charter authorizes the City Council
to determine its own rules and order of business except that the
agenda for regular council meetings shall include
"Citizen
Comments" at the beginning and directly prior to adjournment.
3. The establishment of council proceedings through an
ordinance limits the authority of the City Council to adjust these
procedures to serve the best interests of the public.
4.
Section
166.041(1) (b),
Florida Statutes defines
"resolution" as an expression of a governing body concerning
matters of administration, an expression of a temporary character,
or a provision for the disposition of a particular item of the
administrative business of the governing body.
4. Article II of Chapter 2 should be repealed in its entirety
and Council proceedings consistent with the Charter and current
practices of the City reestablished in a resolution.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. REPEALING ARTICLE II (COUNCIL PROCEEDINGS) OF CHAPTER
2 (ADMINISTRATION) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA
Article II is repealed in its entirety:
SectioB 2-20. Roqular meetiBq times.
The city council ahall hold regular city council mcctinga on
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the firot Uonday and thc third Uonday of each month at 7100 p.m.
If the firot or third Monday fallo on a holiday recognized by the
oity, then the regular meeting ohall be either oanceled or
reocheduled aD determined by the city oounoil.
Soctiea 2-21. Heetiaq places.
1\11 regular meetingo of the council ohall be held in the
counoil chaHlbero at city hall, oOHlHlUnity center building or
ohuffle board club houoe or any other plaoe deoignated by the
mayor.
Sectioa 2-22. Special meetiaqs.
The mayor, vice mayor or acting mayor ohall eall apecial
meetingo of the counoil __ihenever, ln hiD opinion, the publio
buaineoa may require it.
Whene~.rer a apeoial meeting ohall be
oalled, a oummono or a notioe in ~iriting oigned by the mayor, ~Jice
mayor or aoting mayor ahall be aerved upon eaoh member of the
oouncil either in peroon or by notioe left at hia plaoe of
reoidenoe, otating the date and hour of the meeting and the purpooe
for __ihioh Elueh meeting ia oalled, and no buaineoo ohall be
tranaaoted thereat, except auoh ao io otated in the notioe.
Soctioa 2-23. Opoa te public, aotice to media of moetiaqs.
1\11 oity oounoil meetinga ohall be open to the publio. It
ohall be the duty of the oity olerk to ao far ao praotioable notify
the preoa and other media of forthcoming oity oounoil mcetinga,
informal or formal.
Sectiea 2-24. presidiaq officer.
(a) The preoiding offioer of the counoil ahall be the mayor
(or v ioe mayor or aoting mayor, ~iho ohall be eleoted annually at
the firot meeting in November, by the Hlembero, from their
memberahip) .
(b) The preaiding offioer ohall preaerve at riot order and
decorum at all regular and apecial meetingo of the oouncil. He
ahall atate every queation ooming before the oounoil, announoe the
deoioion of the oounoil on all aubjeoto and deoide all queotiono of
order, oubjeot hmiC~;'er to an appeal to the oounoil, in ~ihich event,
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a lRajority vote of the council ohall gm,.crn and concluoively
deterlRine ouch queotion of order. He ohall 70te on all queotiono.
He ohall oign all ordinanceo and reoolutiono adopted by the council
during hio preoenoe. In the event of hio aboenoe, the 7ioe lRayor
or acting lRayor ohall oign ordinanoeo or reoolutiono aD they are
adopted.
(0) The lRayor, or v.ice lRayor or aoting lRayor ohall take the
ohair preoioely at the hour appointed for the lReeting, and ohall
immediately call the oounoil to order.
(d) Upon the arri7al of the mayor or vice mayor, the acting
mayor ohall immediately relinquioh the ohair upon the oonoluoion of
the buoineoo immediately before the council. The vice mayor ohall
relinquioh the ohair in the oalRe manner upon arri7al of the lRayor.
SootieR 2-26. Roll oall.
Before prooeeding ..dth the buoineoo of the oouncil, the oity
clerk or hio deputy ohall call the roll of the lRembero, and the
nalReo of thooe preoent ohall be entered in the minuteo.
SootioR 2-2'. Ordor of BusiRoss.
Promptly at the hour oct by ordinance on the day of each
regular meeting, the membero of the oouncil, the oity olerk, oity
attorney and mayor, vioe mayor or aoting mayor, ohall take their
regular otationo in the ohambero, and the buoineoo of the oouncil
ohall be taken up for oonoideration and diopooition in the
follo..dng orders
(1) Call to order, roll call, in7ooation, pledge of
allegianoe.
(2) hpproval of minuteo.
(3) Citizen oolftlftento.
(4) Conoent agenda.
Itemo on the oonoent agenda arc defined ao routine nature
that do not warrant detailed dioouooion or indi7idual
aotion by the oounoil, therefore, all itemo remaining on
the conoent agenda ohall be appro7ed and adopted by a
oingle motion, oeoond, and ..rote by the city oouncil.
Itemo on the oonoent agenda arc not oubjeot to
diocuooion. One of the lRoot baoio ruleo of a conoent
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agend~ io th~t ~ny member of the city council m~y remove
any item from the conoent agenda oimply by verbal requeot
at the city council meeting. Removing an item from the
conoent agenda 'iliOuld not require a motion, oecond, or a
vote ; it 'iliOuld oimply be a unilateral requeot of an
individual councilmember.
(5) New bUDineoo.
(6) Ordin~nceo, public hearing, and reoolutiono.
Firot reading.
Second reading.
(7) Unfiniohed buoineoo.
(8) Council/officero reporto.
City attorney.
City manager.
City council.
(9) Queotiono from preoo.
(10) Citizen commento.
(11) 1\.djourn.
Unleoo a reuding of the minuteo of a council meeting io
requeoted by a member of the council, ouch minuteD may be
approved without reading, if the clerk haD previouoly
oubmitted to euch councilman a copy of the minuteD.
Soa~iOB 2-27. Ru10s of doha~e.
(a) preaiding offioer may debate and vote. The mayor, vice
mayor or ~cting mayor, ohall have a voice and vote in the
proceedingo, but oh~ll have no veto power, oubject only to ouch
limitationo of debateD aD are by theoe ruleD impooed on all membero
and ohall not be deprived of any of the righto and privilegeo of a
councilman by reaoon of hiD aeting ao the preoiding officer.
(b) Cetting the floor, improper referenoea.
E'\~ery member,
mayor, councilmen, city attorney and city manager deoiring to Dpeak
ohall be recognized by the preoiding officer firot, except that any
member, once recognized, may join in a free CJeahange of ideaD and
opiniono 'iid th other membero 'il1Ti thout interruption f rom the ch~ir.
1\.11 peroono 00 recognized ohall confine themoelveo to the queotion
under deb~te, avoiding all peroonalitieo and indecorouD language,
and irrelevant mattero.
(c) Interruptiona.
1\. member once recognized ohall not be
interrupted when opeaking unleDD it be to call him to order, or aD
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herein othendoe provided. If u member, 'ihile, opeuldng, be called
to order, he ohall ceuoe opeaking until the queotion of order be
determined, and if in order, he ohull be permitted to proceed.
(d) Privilege of aloaing debate. The councilmun mo~ing the
udopting of un ordinunce or reoolution ohull huve the privilege of
clooing the debate.
(c) lfotioR to reaoI'1Oider. h motion to reconoider uny uction
tultcn by the council muY be mude only on the duy ouch uction \lUO
tul{en. It may be made either immediutely during the oume oeooion,
or ut u receooed or udjourned oeooion thereof. Such motion muot be
mude by one of the prevuiling oide, but muY be oeconded by uny
member, und muY be mude ut uny time und huve precedence over ull
other motiono or ~ihile u member huo the floor 1 it ohull be
debatuble. Nothing herein ohull be conotrued to pre"Jent uny member
of the council from muking or remuldng the oume or uny other motion
ut u ouboequent meeting of the council.
(f) Rem.1r!ca of ao/mailmenl ~fhen cntered in minuteD. h
councilmun muY requeot, through the preoiding officer, the
privilege of having un ubotract of hiD otutement on any oubject
under conoideration by the council entered in the minuteD. If the
council conoento thereof, ouch otatelRent ohall be entered in the
minuteD.
(g) B}'nopaiD of deb.1tcl ~~.hen cntcred in minuteD. The clerk
muY be directed by the preoiding officer, ~iith the conoent of the
council, to enter in the minuteD u oynopoio of the diocuooion on
uny queotion coming regulurly before the council.
SootiOR 2-28. AddrossiRq the couRcil-PermissioR.
hny peroon deoiring to addreoo the council ohull firot oecure
thc permiooion of the preoiding officer 00 to do; pro~ided,
hmi'C".er, that under the follmdng heudingo of buoineoo, unleoo the
the council 'iithout oecuring ouch prior permiooionl
preoiding officer ruleD othendoe, uny qualified peroon muY uddreoo
( 1 )
rlri tten
communicationD.
Intereoted purtieo
or
authorized repreoentutiv.eo muY uddreoo the council by ~iritten
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communicationo in regard to mattero then under conoideration.
(2) Or.]1 aommunia.]tiono. 'l'aJcpayero or reoidento of the city, or
their authorized legal repreoentatiy.yeo may addreoa the council
by oral communioationa on any matter concerning the oity'a
buaineaa, or any matter over ~lhich the council haa control I
prmrided hmieyyyer, that preference ahall be giYJen to thoae
peraona who may have notified the city clerk in ad~anoe of
their deaire to apea]t in order that the oame may appear on the
agenda of the couneil.
(3) Re.]ding of proteat, eta.
Intereated peraona or their
authorized repreaentativea may addreaa the oouncil by reading
of proteata, petitiona or communicationa relating to zoning,
~mter, amlOr and atreet proceedinga, hearinga on proteota,
appeala and petitiona, or oimilar mattero in regard to mattero
then under oonaideration.
hfter a motion ia made by the eouneil, no peraon ahall addreaa
the oouncil without firat aeouring the permiaaion of the counoil 00
to do.
SootiOB 2-29. Samo-procedare.
Eaoh peraon addreaaing the counoil ahall atep up to the
counoil table, ahall give hia name and addreaa in an audible tone
of voioe for the reoord, and unleaa further time ia granted by the
counoil, ohall limit hia addrea a to three (3) minutea. hll remarko
ahall be addreaaed to the council aa a body and not to any member
thereof.
No peraon, other than a member of the council and the
peraon hayyying the floor ahall be permitted to enter into any
diaouaaion, either directly or through a member of the counoil,
~dthout the permiaoion of the preaiding officer. No queotion ahall
be aaked a oounoilman meoept through the pre aiding offioer.
SoctiOB 2-30. Dooorum.
(a) While the oounoil io in aeaaion the membera muat preaerve
order and deoorum, and a member ahall neither by oonveroation or
other~liae, delay or interrupt the prooeedingo or the peace of the
councilor diaturb any member ~lhile opeaking or refuoe to obey the
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ordero of the councilor ito preoiding officer, mmept 0.0 othenlioe
herein provided.
(b) l\ny peroon malting peroonal, impertinent, or olanderouo
remarko or ~iho ohall become boioterouo ~ihile addreooing the council
ohall forth~iith, by the preoiding officer, be b~rred from further
~udience before the council, unleoo permiooion to continue be
gr~nted by a majority vote of the council.
BeetioD 2-31. ROBert's Rules of Order.
Robert'o Ruleo of Order, ~o revioed from time to time, are
hereby deoignated and eotabliohed 0.0 oupplementary ruleD of
procedure to govern the conduct of meetingo of the city council,
when o~id Robert'o Ruleo of Order ~re not in conflict with ~ny
ch~rter provioion or ordinance of the city.
BectioD 2-23. Leqislative procedure.
(a) Prior approval. All ordinanceo, reoolutiono, or contract
documento ohall be approved by the city ~ttorney or hio ~uthori3ed
repreoentative prior to preoentation to the city council.
(b) Introducing for paooage or approval.
Ordinanceo,
reoolutiono and other mattero or oubjecto requiring action by the
council muot be introduced ~nd oponoored by a member of the
council, except that the mayor may preoent ordinanceo, reoolutiono
and other mattero or oubjecto to the council, and any councilman
may aooume oponoorohip thereof by moving th~t ouch ordinanceo,
reoolutiono, m~ttero or oubjecto be adopted; other~iioe, they ohall
not be conoidered.
(c) Compliance idth atatutea required. No ordinance ohall be
en~cted by the city council that io not in ~ccordance with Section
166.041 of Florid~ Statuteo dealing with procedureo for ~doption of
ordinanceo and reoolutiono.
(d) Ordinancea requirementa.
No ordinance ohall rel~te to
more th~n one oubject, which ohall be elearly expreooed in ito
title, and no ordinance, or oection thereof, ohall be amended or
repe~led unleoo the nmi ordinance cont~ino the title of the
ordin~nce or oection ~mcnded or repealed, and ~ihen practicable all
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ordin.:mceo oh.:l.ll be introduced n.o .:l.lRendmento to eJdoting ordinn.nceo
or oectiono thereof.
Sootios 2-33. Adioarsmcst.
1':.. lRotion to n.dj ourn ohn.ll n.hmyo be in order n.nd decided
~d thout debn.te.
Scotios 2-34. Rcsor~cd.
Scotioss 2 3S - 2-4S.
RcsorJcd.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance", may be changed to " section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Hays and Second by Councilwoman
Martin the vote on the first reading of this ordinance held on
December 20, 1993, was as follows:
Mayor Jack H. Hayman, Sr.
AYE
Councilman Kirk Jones
AYE
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Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Hays and Second by Councilman
Jones, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE yc
PASSED AND DULY ADOPTED this 24th day of January, 199f.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H y n, Sr.
Mayo
APPROVED FOR FORM & CORRECTNESS:
Kristd A. Storey
City Attorney
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