1961-463i
ORDINANCE 463
ORDIN NC _ E bF CITY OF�SOUTH MIAMI, FLORIDA,
t1 1E►3DI►v� --n 0F ORi3uvr'Z►JCES OF .CITY OF SOUTH
MIAMI, FLORIDA BY ADDING A SECTIN TO BE
NUMBERED 02 " =2.1; THEREBY PROVIDING` AU11S OF
PROCEDURE GOVERNING COUNCIL MEETINGS.
BE ! _`_ ORDAINED BY THE MAYOR AND'- CITY COUNCI L` -OF CITY - -OF SOUTH
MIAMI,_ FLCRDA:
1. That the `. ode of Ordinances of City of South Miami, Florida,
is hereby amended by adding a section to be numbered 2 -2.1 to read
as follows:
The followiri . Procedure of City Council.
Sectio ;
n 2 -2'1 Rules..
of Pro
g r rds of procedure shall-`govern
all meetings "of the City Council, namely:
A. REGUCAR'IEE I IG - That the City Counc 1 shall " "ho degular
meetings on`the fifs't and third Tuesday of each, month at 8.UU
When the day fixed for any'''regular meeting` falhls on a day designated
by 'Yao- as a' legal b tlonal¢.or religious holiday`, such meeting §hall
be held on `the next succeeding day`.not a Holiday. Regular meetings
may be othex_-�tise postponed or cancelled, only by `resolution `adopted
at a regular meeting by a major=ity of the entire membership of the
Council. All regular`eetings `shall be held in the Council Chambers
located in the City Hall.
B. SPECIAL ""ME,ETING - A spec aline "er�ti�ng of ^`the City Council may
be cal'ied by the Mayor whenever, Tin his opl'"— "&"the public business may
re'4011e i{t,` or whenever two member, of the' Co�incll request a special
Pe - hg Whene`v�er a special meeting shall be called' "by the Mayor, a
notice in cvriting$signed ` by the `Mayor sha =11 be served 'on Ghe City
Clerk,' and henever a specie' meeting shall be called by _f4 wo or more
. 9c) a �x a . R
members of they CityrCoun i'1, a notice Aid ;westing signed`t; such Council
eabers s,p_ xoe served in w'ri`ting upon the City *Clerk. The
r - , .rrw
Clerk shall fothwiih serve either verbal °or written notice upon each
memberL the Councala noeotha"he meeting,shallabertran`sace City,Accorney,
stating da[ a and hour of the meeting, and the ur osefor which` such
meeting is c_lled, n ted at that
,meeting. i.he Clerk in his`notiyce of a special meeting''shall allow at
least 24 hdLis to elapse between t e call of the meeting and fhe date
P P ng A copy'o said notice'is to be "po "stud in a
�rior�to suchhreetin`luous °glace_in theCity Hall.at least 24 hours
prominent and'" "ic
` The_ ininu es "Sf each special meeting sha'l`l
show the manner and fgne'thod by wAdW"notice of such 'special meeting
was given, or 6ha"1'1' show a waiver of notice. All' special Y meetings
^shall be open. to the public and shall be held " -
ILL C- ate4 in "the City Hall . ,For the purposes of this 'paragraph,
the leaving of a copy of notice at the residence of the Mayor or any
t2�• Councilman shall constitute service on such Mayor and Councilman.
C. AGENDA - - _The`re shall &e an off 6ial'agenda.rfor every meeting
of the Council wh lth-6hall determine the order of bus'ine'ss conducted
at the meeting. The Council shall not -take action upon any matter or
li "sted upon the official age; da without
unanimous uapprovalh 'ofredl'Couhcilmen present at such meeting. The
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agenda shall be re'a a Clerk in appropriate form approved:by
the Council. Matters may be placed on the agenda by the Mayor, City
Manager, any Councilman, and the City Attorney.
A copy of the agenda` shall be delivered to each Councilman, the
Mayor, City Manager and the City �tte
orney'72 hours prior to any
regularly scheduled meeting, and 4 hours prior to any special meeting.
D. CALL TO ORDER - - The Mayor, or in his absence the Vice -
Mayor, shall take the chair precisely at the hour appointed for the
meeting, and sf' 1 h C it t d T- 'his
absence or the
.the Council to
by the members
or Vice- Mayor,
the chair upon
Council.
all immediately ca l t e ounc o or er.
absence of the Vice - Mayor, the City Clerk shall call
order, whereuponla temporary chairman shall be elected
of the Council present. Upon the arrival of the Mayor
the temporary chairman shall immediately relinquish
the conclusion of the business immediately before the
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E. ROLL CALL AND QUORUM - - Before proceeding with,the business
of the Council, the City Clerk or his deputy shall call the roll of the
members, and the-names of_those present shall be entered in the minutes.
Four members of the Council shall constitute a quoru�i. Upon Affidavit
b the City Manager, filed with 'the City'Cierk that an emergency exists
Y - - -- - Y -- S _ g� , ` of the
w ich Mill affect the `health safet or wd -16re � bf the citizens*
Cit three members shall. const`itite:_a quorum for such emer ency mat-
ters only. The minutes of such meeting shall reflect the filing of
the Affidavit,
F. READINGisF'reIu] to y Unless' a reading of the 'mind'tes,, of -a
maynbelapproved without reading of:-,the
ed
each member with a synopsis thereof. -
G. RULES Of DEBATE. OUESTION UNDER CONSIDERATION.
,(a) ` 4ltlen a rt:otion is pre`serited and seconded; it 'is under con-
s
iderat_ioi and no other motion shall be receive`d"thereafter,_ except
to ad oarn, to ;lay on the table, to postpone, or to amend until 'the
in wt%ic ltidy'aredinntmotionand s,.h A"%erdecided' i'iheut debate. —Final
action-upon a pen g y regular
meeting by a majority of the members present.
;rte., �� . { -_
Y a b thegPgesi'din`' Offcerp shall confine `himsele Avoided.
(b) Getin the Floor Im ro er References to b
Ever member desirin to speak shall address the Chair and -upon
recognition y g f to the
question under debate, avoiding all personalities and indecorous
language.
( ) p � r once recognized, shall not be
c Interru" t`io s - A member,
irate r "Opted wtie`n "speaking "unless' it be to call him 'toy °order, or, as
herein" otherwise provided. If a member,,while speaking, be called
to order, he shall cease speaking until the'que "stion of order be
determined, and, if 'in order, he shall be permitted to proceed.
N(d) Privilege of 1 Clo1sing "'Debate - - The 'Councilman moving the
adoption of 'an ordinance or resolution shall have the privilege of
closing the debate.
(e) Motion "'to Reconsider'- - A motion to reconsider any acti o,.
;x:
taken by the Council -`may be made only'''on the day such action was taken.
It maybe made _either immediately du "ring the same session, or at 'a
recessed or adJo,urned'sess "ion thereof. Such motion inus't'�be made by
one of the' °prevailing "'side, but may be seconded by "'an'y member -,µ and
may be made at any time and Have precedence over all other motions
or while a member has '`the floor; it shall' be debatable. Nothi g
herein'shall be construed to prevent any member of the Council from
making or remaking the same or any other motion at a subsequent meeting-,-
of 'the Council.
(f) Remarks of Councilman - - When entered in minutes. .4
Councilman may request, through the Pre siding " §Of Mil r, the privilege
of having an abstract of his statefiie'nt'of any subject under considera-
tion by-the Council entered in the mi'n'utes. If the Council consents
thereto, such statement shall be entered in the minutes.
(g) Synops4:§"bf Debate -- When entered in 'Minutes. The Clerk
maybe directed by 'the P•resi.diiig officer, with consent of the Council,
to enter in the minutes a synopsis of the discussion on any question
coming regularly before the Council.
h) ADDRESSING THE COUN61L -- Any person desiring'to address the
Council shall first secure the permission of the Presiding Officer so
to do; provided, however, that under the following headings of business,
unless the Presiding officer rules otherwise, any qualified persons
may address the Council without securing such prior permission.
(a) Written Communications -- Interested parties or. their
authorized representatives may address the Council' by'written communica-
tions in regard to matters then under discussion,
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(b) Oral Commun♦.cations -- Taxpayers or residents of the'C ty,
or their authorized legal representatives, may address tae Council by
oral coutau nications o;: any «<atter' concerning the City's business, or
any matter over which the Council has control; provided, however,
that preference shall be given to those persons who may have notified
the City Clerk in advance of their desire to speak in order that the
same °may appear on the agenda of the Council,
(c). Reading4bf Protests, Etc. - - Interested persons or
their authorized rep'Pese6tatives may address the 'Council by reading
of protests, petitions',- or, Communications relating "to Zoning, sewer
and street proceedings, hearings on 'protests, appeals and petitions,
or similar matters, in regard to matters then under consideration.
i.4_t,.era- .. ,
I. ADDRESSING'THE COUNCIL AFTER MOTION`MDE - - After a motion
is made by "the council, no person shall addres's the `Council without
first securing the permission of the Council so to do.
J. -MANOR 'OF ADDRESSING C CIL -- TIME LIMIT. Each person
his name and aeA -b'ss 'in an audible ±tone; oche ice lot *th ' shall give
unless further t uncirl shall step up'(to
addressing- he c
�`� & y f voice lot the ,records , and
im2' 'is, granted by the Council, shall limit `his
addres °s' t ' three' mites . _ All` 'remarks shalt be addressed to the
Council as .a body and' not to any member xxth`erF f.. No person, other
than the Council and 'the person having the floor, shall be permitted
to enter into any 'discussion, either directly or t kbU`ghJ a member of
the Co unc 1 , without the permission of the Presiding" "Officer. No
th
"on shall be asked a Councilman except through the Presiding
K. DECORUM.
(a) By Council Members -.s While the Council `is in "sess ion , "the
members mu"s"t preserve: order and decorum, and 'a member shall neither,
thecoeacesofitlie�Council� nor ddsturboaninmembertwhilep soeeleb hgs or
�. o
Y " 'c y p p akii g' "`or
refuse to obey the orders of "the Council or its Presiding Officer,
except as otherwise provided.
(b) By Persons Any person making" personal ,�kimpe "rtinent, or
slanderous' remarks or,° olio shall'become boistero us while addressing
1 shall be'fortWith, "by the Presiding Officer, barred
fromCfurther audience before the Council, unless permission to con-
tinue be granted by a majority vote of the Council.
PROTESTS AGAINST<CA .
L., MEMBERS 'MAY FILE CIL ACTION.
Any member shall have the right to have the "reasons `for his
dissent from, or protest against, any action.of the Council entered
on the minutes.
P " &
M. ORDINANCES RESOLUTION$ MOTIONS AND'CONTRACT.
(a) Preparat`io 'of'Ordind es All ordinances shall,pe
prepared by the City Attorney. No ordinance shall be prepared for
prese'n'tae:dn 'to ' the Council unless ordered by a'majority vote of the
Council, or requested in writing by the City Manager, or prepared by
the City Attorney on -his own.
_ .. n..
(b) Prior Approval
as to form all,1e alit b the ffo ances,
oval b Administrative Staff All ordin
Ppv : . ;.: g.. _ Y, Y atio� to''�the
Counc'iliohaveath'ecant' Attorney
x tact documents shall before' 'pi esent
approved r authotized
administ'ra't"ionaa'rvthe City Managert rshis examined and
Provide Y Y,.,.. thorned
involved. ere there e t ministration
representative, wh`
Provided, however, that if approval is not given, then the
City Manager shall so advise the Council and give the reasons advanced
by the City Manager for withholding approval.
(c) Introducing for Pass "age or Approval -- Ordinances, resolu-
tions, and other matters or subjects requiring action by-the ` Council
must be intto
City g y Y y y present Council, except
that luti nseandt the}ramattersCorosub`jects to the Cf the ordinances, ounc
re
ouncil, and any council-
man may assume sponsorship thereof by moving that such ordinances,
resolutions, matters or subjects be adopted; otherwise, they shall
not be considered.
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A
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N. The presiding Officer Of tha Council or his appointee shall
act as parlimentarian.
2. That should any j word, phrase, clause or sentence or section
M
of this ordinance be d invalid; such invalidity shall not affect
--or- make inoperative remainder of ttfi�s -Okdln-aityce --and IL -is-- hVreby
declared to be the intent of this body that ail parts of this Ordi-
nance are severable.
3. This ordinaffid-e shall become effective upon its enactment
in the manner provided by law..
PAS I S - E D AND ADOPTED this 7th day of November A.D.1961.
-11resWing Ot icer, ty ounci l
ATTEST:
City Clerk