HomeMy WebLinkAboutO-21-08 Amend Charter Sec. 2.06ORDINANCE NO.O-21-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORS OF THE CITY OF SEBASTIAN, THE QUESTION
OF WHETHER OR NOT TO AMEND SECTION 2.06 (B) MAYOR -
DUTIES, GENERAL OF THE CITY CHARTER TO GIVE THE MAYOR
THE POWER TO DECLARE A STATE OF LOCAL EMERGENCY;
AMEND SECTION 2.06 (C) VICE MAYOR -SELECTION AND TERM TO
REMOVE THE LANGUAGE STATING THE TERM OF THE VICE
MAYOR SHALL BE FOR ONE YEAR OR UNTIL HIS OR HER
SUCCESSOR IS ELECTED; PROVIDING BALLOT LANGUAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a
municipality may by ordinance submit to the electors of said municipality a proposed
amendment to all or parts of its City Charter; and
WHEREAS, in accordance with Section 5.03 of the City Charter, the Charter Review
Committee has met, held public hearings, and recommended to the City Council certain revisions
to the Charter; and
WHEREAS, the City Council wishes to call an election in the City of Sebastian on
Tuesday, November 2, 2021, for the purpose of submitting to the electors of the City of Sebastian
the question stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, that:
Section 1. ELECTION. A Citywide election is hereby called and scheduled for
Tuesday, November 2, 2021 in the City of Sebastian, Florida, for the purpose of submitting to
the qualified electors of the City of Sebastian the proposed amendment to the City Charter in the
form attached hereto and made a part hereof.
Section 2. BALLOT. The purpose of this election shall be to present a referendum issue
to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter.
The ballot shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
CHARTER AMENDMENT
Ballot Question #3
ADD MAYOR HAS THE POWER TO DECLARE EMERGENCY AND REMOVE
TERM OF VICE MAYOR LANGUAGE
Shall Section 2.06 (b) Mayor -Duties, general of the City Charter be amended, as
provided in Ordinance 0-21-08, to give the Mayor the power to declare a state of local
emergency to be consistent with City Code Section 2-37; and 2.06 (c) Vice Mayor -
Selection and Term be amended to remove the term of the Vice Mayor?
Yes for Approval
No for Rejection
Section 3. ELECTION RESULTS. The result of such election shall be determined by
a majority of the qualified electors of the City of Sebastian voting on the proposal.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
McPa t1an . The motion was seconded by Councilmember Jones and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
aye
Vice Mayor Jim Hill
aye
Councilmember Fred Jones
aye
Councilmember Chris Nunn
aye
Councilmember Bob McPartlan
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 23rd day of
June , 2021.
ATTEST:
eit William MA.CXAhYY14.
,Clerk
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Ed Dodd
Approved as to form and legality for = -_
reliance by the City of Sebastian only:
4MayAn Jr.,
t ey
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in
the TC Palm Press Journal as required by State Statute, that one public hearing on the Ordinance
was held on the 23 day of June, 2021, and that following said public hearing this Ordinance was
passed by City Council for placement on the November 2, 2021 ballot.
� C lJ�(LIYI(1
1 ette Williams,, SIC
y Clerk
ATTACHMENT TO ORDINANCE 0-21-08
PROPOSED CHARTER AMENDMENT LANGUAGE
Sec. 2.06. - Mayor; vice -mayor.
(a) MayorSelectionand term. [A]fter the seating of any newly elected council members at
the city council meeting held pursuant to Section 2.04 the new city council shall, as the first
order of business, elect a mayor from among its members. The incumbent mayor or in his or
her absence, the vice -mayor or in his or her absence, the senior member of city council, shall
ask for nominations for mayor. After all nominations have been made, the nominations shall
be closed. The city clerk shall then call the roll of the council members and each council
member shall cast an affirmative vote for the council member of their choice. The council
member that receives a majority vote shall be elected mayor. In the event no council
member receives a majority of the votes cast on the first ballot, balloting with sequential roll
calls shall continue until a council member receives a majority vote. Council members shall
not nominate themselves. Only elected council members shall be eligible for the office of
mayor.
(1) If there is no mayor seated on the new or existing city council, a temporary city
council chairperson may be elected from the incumbent members of the city council for
the purpose of electing a mayor as set forth above.
(2) In the event there is only one nomination and second for mayor, the nominee shall be
seated as mayor.
(b) Mayor Duties, general. The mayor shall preside at each meeting of the city council, shall
have a vote upon matters before the city council, but shall not possess a veto power. The
mayor shall have the power to declare a state of local emereencv, preserve the peace and
order, be recognized as the headof the city government for all ceremonial purposes, and
shall be recognized by the governor as the head of the city government for purposes of
military law. The mayor shall sign all ordinances, resolutions and proclamations of the city
council or other documents as required by law on behalf of the city as directed and
authorized by the city council, which shall also be attested by the city clerk.
(c) Vice -mayor —Selection and term. Immediately subsequent to the selection of a mayor, the
city council shall elect a vice -mayor from among its members. The to' 4 the • ,__ ....,..,._
shall be a.._ one . eaF ,._ until big ,.-,,..- ................_ is elected. The vice -mayor shall be elected
using the same procedure as for the election of mayor.
(d) Vice -mayor Duties, general. In the absence or disability of the mayor, the vice -mayor
shall serve as mayor during such absence or disability. In the absence or disability of both
the mayor and vice -mayor, the senior member of city council shall serve as mayor during
such absence or disability.
(e) Vacancies. In the event the office of mayor shall become vacant during the course of a
term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -
mayor shall become vacant during the course of a term, a new vice -mayor shall be chosen as
the first order of business at the next council meeting.