§ 2-31. Rules of procedure.

The following shall be the rules for the government of the city commission:

(1)

Regular meetings: The city commission shall hold regular biweekly meetings in the city commission chambers at city hall on Monday every other week beginning at a time established by resolution of the city commission from time to time; provided that when such day falls on a day observed by the city as a legal holiday, such meeting shall be held at the same hour and place on the next succeeding business day. By majority vote of a quorum of the city commission taken at a regular meeting, a subsequent regular meeting may be canceled or the date or time thereof changed.

(2)

Special meetings. Special meetings, which shall be held in the city commission chambers in the city hall, may be called by the mayor, the acting mayor or by any other two members of the commission pursuant to section 2.05 of the Charter. When called, the city clerk shall immediately notify all members of the city commission, the city administrator and city attorney of the

time and place of the special meeting. A copy of such notice shall likewise be posted on the city hall bulletin board. An agenda shall be prepared for the special meeting, and members of the news media shall be contacted and notified of the special meeting, as provided in this section.

(3)

Hearings, public hearings and workshop meetings. The city commission shall conduct its hearings, public hearings and workshop meetings as part of its regular biweekly meetings, unless a special meeting is called for such purpose. The city commission may hold separate workshop meetings. Public hearings for matters governed by F.S. § 166.041(3)(c) [changes to permitted uses or zoning involving ten acres or more] shall be held after 5:00 p.m. unless the resolution establishing the meeting time for regular meetings establishes a different time in compliance with F.S. § 166.041(3)(c).

(4)

Adjourned meetings. Any meeting of the city commission may be continued or adjourned from day to day or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter.

(5)

Meetings open to public. All meetings of the city commission for the purpose of transacting city business, whether action is taken or not shall be held in the city commission chambers of city hall, unless, with proper notification, another location is designated. All meetings of the city commission shall be open to the public.

(6)

Agenda. The mayor shall prepare the agenda for all regular and special meetings of the city commission.

a.

Economic analysis. The mayor or mayor's designee shall prepare an economic analysis to accompany all ordinances, resolutions or formal actions affecting revenues, expenditures or fiscal liability prior to adoption or final disposition. This requirement shall not apply to routine zoning or comprehensive plan amendments or any previously budgeted item. Such analysis may be prepared without utilizing outside consultants in a written report setting forth, when applicable, the following information concerning the proposed measures:

1.

The economic impact of any ordinance, resolution or formal action on the city's budget;

2.

The economic impact of the ordinance, resolution or formal action on the private sector;

3.

The effect of the ordinance, resolution or formal action on public or private employment;

4.

The costs and benefits, both direct and indirect, of establishing and maintaining the program set forth in the ordinance, resolution or requested formal action;

5.

Whether the ordinance, resolution or formal action is necessary to enable the city to obtain local, state or federal grants or other financing;

6.

Whether the proposed measure is a budgeted item, when the measure was budgeted, the amount budgeted, source of funding within the budget, or anticipated source of funding;

7.

Any other concern the city commission or the administration deems necessary to fully appreciate the economic effects of the measure; and

8.

As to each economic analysis, the office of budget shall certify that the analysis is reasonable and identify the funding source.

Nothing within this subsection (6)a. prohibits the city commission from seeking an economic analysis from a consultant or another third party.

b.

Regular meetings. The agenda for regular meetings shall include only such matters as may be recommended for consideration by the mayor, or as may be sponsored by a member of the city commission. All reports, communications, ordinances, resolutions, contract documents or other matters not sponsored by a member of the city commission, which are to be submitted to the city commission through the mayor, shall be filed with the mayor no later than 5:00 p.m. on Wednesday three weeks preceding the date of the regular meeting for inclusion on the agenda. This deadline may be waived in the discretion of the mayor.

c.

Special meetings. When properly called, the agenda for a special meeting shall include only the subject matter for which the special meeting was called. The city commission shall not discuss any matter which does not appear on the agenda prepared for the special meeting.

d.

Distribution. Each member of the city commission, the city clerk and the city attorney, as well as the news media, shall be provided with a copy of the agenda as far in advance of the meeting as time will permit. A reasonable number of agendas shall be provided for the public.

e.

Consent agenda. Any matter on the consent agenda shall be removed therefrom for the purpose of further consideration upon the request of any member of the city commission. Such matter shall be considered immediately following the commission vote on the remaining consent agenda. The matter removed may be subject to public comment.

f.

Addendum to agenda. Any member of the city commission may, at any regular meeting, propose an addendum to the agenda. The city commission may, by a majority of a quorum, vote to consider and to take final action on the addendum to the agenda. However, final action on an addendum to the agenda affecting the revenues, expenditures or fiscal liability of the city shall be deferred to the next regularly scheduled meeting for the preparation of an economic analysis as provided in subsection (6) of this section, unless the addendum is an emergency.

Whenever the city commission shall determine that an addendum to the agenda having an economic impact is of an emergency nature and requires immediate attention and postponement would result in serious injury or damage to the person, government, or the community directly concerned, and the matter is determined by a majority of a quorum of the commission, to be of an emergency nature, then and in that event, the city commission may take final action on an addendum to the agenda having economic impact without having an economic analysis provided for in subsection (6)a. of this section. This provision is not intended to and shall not supersede the requirements of the Charter, this Code or state statutes with regard to emergency matters for consideration by the city commission.

(7)

Presiding officer. The mayor shall preside at all meetings, if present, and in the mayor's absence, the president of the commission shall preside, and in the absence of both the mayor and president, the commission shall appoint one of its members to preside. The city charter provides that the mayor shall execute all instruments to which the city is a party when directed to do so by the city commission. In the absence of the mayor, the city commission hereby designates the president of the city commission to execute such instruments and in the absence of the mayor and the president, the available city commissioner who has the most seniority shall execute such instruments.

(8)

Civility and decorum required. While the commission is in session, the members of the commission shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the commission and shall obey all orders of the commission or its presiding officer, except as otherwise provided. Displays of anger, rudeness, ridicule, impatience, lack of respect and personal attacks are strictly prohibited. The presiding officer shall preserve strict order, civility and decorum at all meetings.

(9)

Order of business. The order of business at a regular meeting of the city commission shall be established by motion of the city commission.

(10)

Public participation. At any meeting of the city commission, the presiding officer shall recognize any person who desires to speak in connection with the matter then under discussion by the city commission. All persons addressing the city commission shall do so pursuant to subsections (20) and (22) of this section.

(11)

Reading of ordinances. Ordinances shall be read and enacted by the city commission in conformity with the requirements of F.S. ch. 166.

(12)

When ordinances may be introduced. No ordinance shall be introduced except at a regular meeting of the commission or at some special meetings duly called for the purpose of introducing such ordinance.

(13)

Motions and resolutions to be in writing; when required; motion to reconsider. Motions and resolutions shall be reduced to writing, when required by the mayor, or any member of the commission, or by state law. A motion to reconsider any vote may be made by a commissioner who voted on the prevailing side either on the same day at which the vote to be reconsidered is taken or on the day on which the next regular meeting of the city commission is held.

(14)

Majority governs; tie vote. In all matters coming before the commission, unless otherwise provided, a majority shall govern. If there shall be a tie vote upon any question, the mayor shall cast a tie-breaking vote pursuant to section 3.01 of the Charter.

(15)

Presiding officer; right to speak. Whenever the presiding officer shall desire to speak or address the commission upon any matter, he may do so without vacating the chair, but he shall always be at liberty to vacate the chair and designate some member of the commission to assume the chair and hold the chair while he speaks or addresses the commission.

(16)

Getting the floor; interruptions. No member, while the commission is in session, shall offer any motion or make any remarks or speak on any subject under discussion, without first addressing and being recognized by the presiding officer. When more than one member shall address the chair, at or near the same time, the presiding officer shall decide in favor of the one who shall first have attracted his attention. No member shall interrupt another while speaking, except to call him to order.

(17)

Decisions by presiding officer, appeal to commission. The presiding officer shall decide all questions of order, but any member dissatisfied with any of his decisions shall have the right to appeal to the commission.

(18)

Enforcement of civility and decorum. The police chief, or such member or members of the police department as are designated, shall be sergeant-at-arms at the commission meetings. The sergeant-at-arms shall carry out orders and instructions given by the presiding officer or by a majority of the commission present for the purpose of maintaining order and decorum at the commission meetings. Public members attending commission meetings shall observe the same rules of civility, decorum and good conduct applicable to members of the commission. Displays of anger, rudeness, ridicule, impatience, lack of respect and personal attacks are strictly prohibited. Any person making personal, impertinent or slanderous remarks or who becomes boisterous while addressing the commission or while attending the commission meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and such person shall be barred from further audience before the commission. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the presiding officer, who shall direct the sergeants-at-arms to remove such offenders from the room. Upon instructions of the presiding officer or a majority of the commission present, it shall be the duty of the sergeant-at-arms or any other officers present to place any person who violates the order, civility and decorum of the meetings under arrest and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the presiding officer. If the presiding officer shall fail to act, any member of the commission may move to require him to act to enforce the rules, and the affirmative vote of the majority of the commission shall require the presiding officer to act.

(19)

Minutes. The city clerk shall keep the record of the commission meetings.

(20)

Addressing the commission; written communications. Any person desiring to address the commission shall file a written request with the city clerk prior to consideration of the matter by the commission or prior to the public comment portion of a meeting. When addressing agenda matters, members of the public shall confine their comments to the subject of the agenda matter. The presiding officer shall have the authority to limit immaterial, unnecessary or redundant presentations or requests. Nothing in this subsection prohibits a person from filing written communications to the commission as provided in the following sentence. Taxpayers or residents of the city and other interested parties, or their authorized representatives may address the commission by written communications in regard to matters then under discussion.

(21)

Anonymous communications. Unsigned communications shall not be introduced to the commission.

(22)

Manner of addressing commission; time limited; civility and decorum required. Each person recognized for the purpose of addressing the commission shall step forward to the podium, and shall give his name and address in an audible tone for the record, speaking directly into the microphone. Persons addressing the city commission during the public comments section of the commission meeting shall limit their remarks to three minutes, unless further time is granted by the mayor or by a majority of the commission. All remarks shall be addressed to the commission as a body and not to any member thereof, nor to members of the audience. Displays of anger, rudeness, ridicule, impatience, lack of respect and personal attacks are strictly prohibited. No person, other than the commission and the person having the floor, shall be permitted to enter into any debate or discussion, either directly or through a member of the commission, without the permission of the presiding officer.

(23)

Authority to require proof of representation. All persons submitting communications as agents or representatives of any organization, group or segment of the public shall, if called upon by a majority vote of the members of the commission present, submit satisfactory proof of their authority to act or speak in behalf of such organization, group or segment of the public.

(24)

Members may file protests against commission action. Each member of the commission shall have the right to have the reason for his dissent from or protest against any action of the commission entered into the minutes.

(25)

Voting. The "ayes" and "nays" may be called for in any question and shall be ordered when demanded by two of the commission members present. Whenever the "ayes" and "nays" are ordered, the city clerk shall call the roll of the commissioners and record the vote of each of the commissioners.

(26)

Preparation and review of ordinances, etc.

a.

Preparation of ordinances. All ordinances shall be prepared or reviewed by the city attorney. No ordinance shall be prepared for presentation to the commission unless ordered by a city commissioner or the mayor.

b.

Prior approval. All ordinances, resolutions and contract documents shall, before presentation to the commission, have been approved as to form and legality by the city attorney or his authorized representative, and shall have been examined and approved for administration by the mayor or the mayor's authorized representative, where there are substantive matters of administration involved. All such instruments shall have first been referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution or contract document would evolve and be approved by such department head; provided that, if approval is not given, then the same shall be returned to the mayor with a written memorandum of the reasons why such approval is withheld. If the questioned instrument is not redrafted to meet a department head's objection or objection is not withdrawn and approval in writing given, then the mayor shall so advise the commission and give the reasons advanced by the department head for withholding approval.

(27)

Sale, lease or exchange of city property.

a.

Definitions. For the purposes of this subsection, the following terms shall have the following meanings:

1.

Appraisal means a professional, impartial estimate of the fair market value of real property which shall be rendered by an MAI appraiser.

2.

City property means city-owned real property.

3.

Exchange of city property shall have the same meaning as "sale."

4.

Formal negotiations means a process authorized by the city commission, by which the mayor or his designee submits, receives, and considers offers until one offer obtained by such process is submitted to the city commission for its approval.

5.

Lease of city property means a lease of city property to a third party for a term exceeding five years, including any and all options to extend the initial term.

6.

MAI appraiser means an appraiser who is a designated member of the Appraisal Institute.

7.

Public hearing means a duly noticed reading of the ordinance at which the public may appear and speak, as more fully defined in F.S. § 166.041(3)(a).

8.

Request for proposals means a process whereby the city, prior to disposition, gives public notice by publication in a newspaper having a general circulation in the community, which notice shall invite proposals from any interested parties and shall advise such parties where pertinent information concerning the property is available. Such notice shall identify the location and size of the property and shall provide at least a 30-day response period from the date of publication of the notice.

9.

Sale of city property means the transfer of the city's fee interest in city property to a third party.

10.

Surplus property means city property which the city commission has declared is not needed for city purposes.

b.

Legislative declaration of surplus and method of disposition. Prior to the commencement of formal negotiations for the sale, lease or exchange of city property, the subject property shall first be presented to the city commission so that the city commission may by resolution (by simple majority vote):

1.

Make a legislative finding that the city property is not needed for city purposes and declare the property surplus; and

2.

Select a method of disposition as follows by:

i.

Authorizing formal negotiations with interested parties;

ii.

Issuing a competitive request for proposals from interested parties;

iii.

Issuing a competitive invitation to negotiate for interested parties;

iv.

Authorizing disposition by auction and establishing the minimum acceptable bid and other parameters to allow disposal at action; or

v.

Submitting to the electors in a referendum the question as to whether or not the property should be sold.

The agenda item for the surplus determination shall contain a recommendation from the mayor and a due diligence review of affected city departments, which review shall include the past use of the subject property and any anticipated future use of such property. If the city commission selects disposition by request for proposals or invitation to negotiate, the request for proposals or invitation to negotiate shall be approved by the city commission prior to publication of the notice and issuance of the request for proposals or invitation to negotiate. Any request for proposals approved under this subsection (27) shall establish the criteria for proposal award. Any contract for the sale or disposal of real property shall be approved by ordinance and by a super-majority vote of the city commission in accordance with subsection (27)e. of this section.

c.

Appraisals required; exceptions. Except as provided in this subsection (27)c. 1.—4. of this section, any city property which is assessed by the county property appraiser for more than $500,000.00 shall require two appraisals. Any city property which is assessed by the county property appraiser between $50,000.00 and $500,000.00 shall require one appraisal. The sale price or lease rental price shall be not less than 85 percent of the fair market value of the property according to an appraisal report made as of a date not earlier than six months before the date of introduction of the ordinance for first reading. If two appraisals are required, the sale price shall be not less than 85 percent of the average of the two appraisals. The appraisal report shall be by an MAI appraiser selected by the mayor. Unless the city commission shall determine to the contrary during the declaration of a surplus proceeding as set forth in subsection (27)b of this section, appraisals are not required for the following:

1.

A sale or lease to another government agency;

2.

A sale or lease to a bona fide not-for-profit 501(c)(3) or 501(c)(6) corporation;

3.

A sale or lease under the city's community development block grant infill lot program; or

4.

A sale or lease of a property which is assessed by the county property appraiser for less than $50,000.00.

Any requirement of this subsection (27)c of this section may be waived by the unanimous vote of the membership of the city commission.

d.

Public hearing. No sale, lease or exchange shall be granted by the city commission without a public hearing at which interested members of the public shall be permitted to address the city commission regarding the propriety of the sale, lease or exchange.

e.

Super-majority vote required for disposal. Each sale, lease or exchange of city property shall require approval by one of the following methods:

1.

A four-fifths vote of the membership of the city commission at either first reading, or second reading, or both, of an ordinance approving such sale, lease or exchange; or

2.

Approval by vote of the city electors in a referendum election called and held as provided thereby.

f.

Sale, lease or exchange subject to referendum. Each contract for the sale, lease or exchange of surplus property shall provide that the contract shall not become effective until 31 days after adoption of the approving ordinance on second reading. If a petition to repeal the approving ordinance is filed with the city clerk within 30 days after second reading, then the sale, lease or exchange shall be subject to the referendum process as set forth in article VI of the Charter.

g.

Exceptions. This subsection (27) relating to the "sale, lease or exchange of city property" shall not apply to the following, all of which may be approved by resolution of the city commission (by simple majority vote) or by administrative action when authorized by this Code:

1.

Concession agreement, management agreement, or other similar operating agreement in city-owned buildings or in public areas.

2.

License agreement for a special event on city property.

3.

Revocable permit.

4.

Other permit, license or other agreement which does not convey the city's fee interest in city property.

5.

Right-of-way or a quitclaim deed or a similar instrument for the purpose of removing a defect in or a cloud on title.

6.

Quitclaim deed or disclaimer in favor of an abutting property owner in connection with an abandonment of a city right-of-way or easement.

7.

City property to be used for the construction or rehabilitation of housing pursuant to an approved city housing program.

h.

Application of proceeds to appropriate fund. Proceeds from the disposal of any city property shall be applied to the appropriate fund to which ownership of the property was attributed. The finance director shall determine the appropriate fund.

(28)

Participation in meeting by administrative officers .

a.

City administrator. The city administrator may take part in the discussions of the city commission. However, it is recognized that the city commission is the policy-making body for the city, and the city administrator shall confine his discussions at commission meetings to statements of fact, recommendations based on his knowledge and experience and explanations of the reasons for such recommendations and explanations and any matter pertaining to administration of the city's affairs.

b.

City attorney. The city attorney may not take part in the discussions of the city commission, except to answer questions directed to him, comment on matters involving legal matters or procedures of the city and to present factual material to the commission.

c.

Other officers and employees. No other officer or employee, other than those mentioned in subsections (28)a. and b. of this section, shall enter into any discussions of the city commission, except to answer questions presented to such officer or employee or to present factual information, when so requested by the commission.

d.

Exceptions. The regulations of city officers and employees in this subsection (28) shall not be construed to limit the appearance before the city commission of any city employee when such appearance is made as a taxpayer or member of the public for or against some particular issue under discussion by the commission where such employee has an interest in the outcome thereof.

(29)

Suspension of rules. Subject only to the limitations imposed by the city charter and general law, any of the foregoing rules may be suspended for the meeting then in session by unanimous vote of the commission.

(30)

Instances in which ordinances, resolutions, and motions required or permitted. Except as may be otherwise specifically required by law or provided by this Code, enactment of an ordinance shall be the sole method of action by the city commission in declaring conduct unlawful, in setting a penalty, in adopting, amending or repealing an administrative code, in levying taxes other than those levied by adoption of the budget, in granting, renewing or extending a franchise, in regulating the rates charged by a public utility for its services, and in selling, exchanging, leasing for a term exceeding five years, encumbering, or pledging real property owned by the city; adoption of a resolution or enactment of an ordinance shall be the sole method of action by the city commission in levying taxes by adoption of the budget; and in all other instances the city commission may act by resolution or by motion; provided in each instance in which a method is specifically prescribed hereby for the taking of action by the city commission, the method so prescribed shall be followed.

(Code 1979, § 2-18; Ord. No. 3728, § 1, 4-26-2004; Ord. No. 3955, § 1, 7-17-06; Ord. No. 4087-07, § 1, 10-9-2007; Ord. No. 4149-08, §§ 1, 2, 6-16-2008; Ord. No. 4183-08, § 1, 9-22-2008; Ord. No. 4351-11, § 1, 6-27-2011; Ord. No. 4482-13, § 1, 9-16-2013)