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HomeMy WebLinkAboutGeneral DocumentsCity of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 March 21, 2000 Liz Cloud Chief - Bureau of Administrative Code Florida Department of State Division of Elections 401 South Monroe Street Tallahassee, FL 32399-0250 RE: Charter Amendment Ordinances Dear Ms. Cloud: Enclosed please find certified copies of Ordinance Nos. 18, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 323,33) 347 35 and 36 adopted by the Sebastian City Council at its November 3, 1999 Regular Meeting. The corresponding referendum questions were approved at the March 14, 2000 general election. I have also enclosed a certified copy Resolution No. R-00-15 certificate of canvassing board. If you have any questions, please do not hesitate to contact my office. Sincerely, Kathryn M. O'Halloran, MMC City Clerk KOH/sam Enclosures \wp-elect\chartlet. wpd "An Equal Opportunity Employer" WHITE HOUSE MILLENNIUM COUNCIL Celebrating Our 75th Anniversary Honor the Past - Imagine the Future City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No.0-99-18 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Ordinance No, 0-99-18 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY CHARTER TO PROVIDE FOR EXTENSION OF THE LIMIT ON AIRPORT LEASES FROM TWENTY (20) TO THIRTY (30) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. Kathry O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I. Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No.0-99-22 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Ordinance No, 0-99-22 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR AN INCREASE TO CITY COUNCIL SALARIES; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. )77 i� 5 ez.-., Pa*thryi�PM. O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No.0-99-23 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Qrdinance No. 0-99-23 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLES II AND II OF THE CITY CHARTER TO PROVIDE FOR CLARIFICATION THAT MAYOR SIGNS LEGISLATIVE DOCUMENTS AND CITY MANAGER SIGNS CONTRACTS AND OTHER BUSINESS DOCUMENTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. at &10'Hallo'ran) MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do ' hereby certify that the attached is a true and correct copy of Ordinance No.0-99-24 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Ordinance No. 0-99-24 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR A REQUIREMENT FOR SPECIAL ELECTION TO FILL COUNCIL VACANCIES OF GREATER THAN SIX MONTHS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. at *M. O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do' hereby certify that the attached is a true and correct copy of Ordinance No.0-99-25 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Qrdinance No. 0-99-25 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE H OF THE CITY CHARTER TO PROVIDE FOR PROCEDURES FOR REMOVAL OF CITY COUNCIL MEMBERS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. Kathryn . O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No.0-99-26 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Ordinance No. 0-99-26 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE H OF THE C[IY CHARTER TO PROVIDE FOR A CHANGE IN THE MANNER OF CALLING SPECIAL MEETINGS OF COUNCIL SO ALL COUNCIL MEMBERS HAVE EQUAL STANDING; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. 4a4thryn3 'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I. Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do ' hereby certify that the attached is a true and correct copy of Ordinance No.0-99-27 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Ordinance No. 0-99-27 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR ALLOWING STANDING COMMITTEES GUIDELINES TO BE SET UP PURSUANT TO ORDINANCE AS WELL AS RESOLUTION; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. i2athrynj, . O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I. Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do ' hereby certify that the attached is a true and correct copy of Ordinance No.0-99-28 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Ordinance No, 0-99-28 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY CHARTER TO PROVIDE FOR REMOVAL OF CHARTER OFFICERS WITHOUT CAUSE IF PURSUANT TO CONTRACT; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. Kathryn W. O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do' hereby certify that the attached is a true and correct copy of Ordinance No.0-99-29 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Qrdinance No, 0-99-29 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE ID OF THE CITY CHARTER TO PROVIDE FOR SETTING STANDARDS FOR VOTE TO CHARGE CHARTER OFFICERS WITH CAUSE FOR REMOVAL; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. Kathryn' [. O'Halloran MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No.0-99-30 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Ordinance No. 0-99-30 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY CHARTER TO PROVIDE FOR ADOPTION OF THE CITY BUDGET AND MILLAGE BY RESOLUTION; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. Kathryn . O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do - hereby certify that the attached is a true and correct copy of Ordinance No. 0-99-31 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Ordinance No. 0-99-31 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR ADOPTING ELECTION FILING FEES AS SET BY LAW; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. t�. O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF IlVDIAN RIVER CITY OF SEBASTIAN I. Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No.0-99-32 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. D finance No. 0-99-32 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR INCLUDING THE CITY ATTORNEY AS A MEMBER OF THE CITY CANVASSING BOARD; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. athryn A O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I. Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No.0-99-33 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Qr�inance No. 0-99-33 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE TV OF THE CITY CHARTER TO PROVIDE FOR A RUN-OFF TO DECIDE TIES FOR COUNCIL ELECTIONS INSTEAD OF DRAWING LOTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS VVHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. Kathryn M. O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET El SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No.0-99-34 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Ordinance No. 0-99-34 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR VIOLATION OF STATE ELECTION CODE AS A BASIS FOR DISQUALIFICATION AND PROVIDING PROCEDURES FOR SUCH ACTION; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. 4�;, -�n (1-11-,7,/-/,q i4t-,� �,, KathrydM. O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF IlVDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No.0-99-35 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Qrdin%Me No. 0-99-35 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE THAT THE CITY MANAGER AND THEN THE CITY ATTORNEY SHALL SUCCEED THE CITY CLERK IN APPOINTING INTERIM GOVERNMENT, RATHER THAN THE MAYOR AND POLICE CHIEF MAKING SUCH APPOINTMENTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. KatO'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Ordinance No.0-99-36 as adopted by City Council at its November 3, 1999 Regular Meeting and approved at the March 14, 2000 General Election. Ordinance No. 0-99-36 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE VI OF THE CITY CHARTER TO DELETE OBSOLETE PROVISIONS FOR TRANSITION TO CURRENT CHARTER; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. (��- "', I- "j, . )71 61e� Kathryn -AA. O'Halloran, MMC City Clerk City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLOR.IDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CERTIFICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a true and correct copy of Resolution No.R-00-15 as adopted by City Council at its Special Meeting on March 20, 2000. Resolution No. R-00-15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. PERTAINING TO THE MUNICIPAL ELECTION; PROVIDING FOR CANVASSING OF ELECTION RETURNS; PROVIDING FOR DECLARATION OF RESULTS; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OFT CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 21 st day of March 2000. Kathryn M. O'Halloran, MMC City Clerk o � Q � CERTIFICATE OF COUNTY CANVASSING BOARD .CM CITY OF S EBASTIAN C rn STATE OF FLORIDA r z Indian River Countyrn We, the undersigned, David_ , County Judge, &OLCIcM. Supervisor of Elections, and Fran Adams. Chairman of tf�e Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 14th day of March, A. , 20009 and proceeded publicly to canvass the votes given for the office and persons specified at the Presidential Preference Primacy held on the 10 day f March, A.D., 2000 as shown by the returns on file in the office of the SupaNisur of Elections. We do hereby certify from said returns as follows: = QE $MAN For City Council Member, the whol number of votes cast was y 8/S , of which number (VOTE FOR TWO) WALTER W. BAUM received / -3 3 6 VOTES NOUMDAW received -/—//f VOTES A. HILL received /,.1 G t VOTES CMXK NEiJBERQ$ received /* 10" VOTES Referendum Amending Section 1.02M concerning ter ins for airport leases. Shall the City of Sebastian amend the City Chmw to lengthen the limit on terms for airport leases from 20 to 30 years? YES R AUIMAL received 4 4155- VOTES NO FOR REJECTION received 4 / D 8 VOTES Referendum Deleting Section 1.05 concerning annexeq property. Shall the City of Sebastian amend the City Charter to remove the special statu s us given nonconforming uses annexed into the City? YES FOR APPROVAL recei,red /i o VOTES NO EQR REJECTION received 110160 VOTES Y 1 1 i i Referendum Amending Sections 2.03 a 2.04(a� 2.06 c) and 4.12(a) concerning council terms. Shall the City of Sebastian amend the City Charter to change council terms from two to four years? YES FOR APPROVAI. received 71J. VOTES NO FQR REJECTION received e L N VOTES Referendrnw Amending Section 2.05 concerning coup ail salaries. Shall the City of Sebastian amend the City Charter to increase the salaries for the mayor by SM a month, and the vice -mayor and other members of council by $50 and $150 respectively? YES EM APMLML A ived /i A/405, VOTES NO FOR REJECTION received / L -1' VOTES Referendum Amending Seedm a 2.06(b) and 3.04(g) concerning executing documents. Shall the City of Sebastian amend the City Charter to clarify that the mayor signs legislative documents and city manager signs contracts and other business documents? YES FOR APPROVAL ed 6 470 VOTES NO FOR REMCM& ved .:F-j 8 VOTES Referendum Amending Section 2.08(c) Concerning eoaneil vacancies. Shall the City of Sebastian amend the City Charter to require that council vacancies of greater than sic months be filled by special election rather than appointment? YES FOR APPROVAL ved 2� 0/5- VOA NO FOR ltF1Fs'f ON ed S V*L VOTES Referenda Amending Section 2.09 concerning removal of council members. Shall the City of Sebastian amend the City Charter to provide procedures to be followed when removal of council members is under consideration? YES FOR APPROVAL ed /, F99' VOTES NO FQB REYEC-.TQN 41.2. VOTES Referendma Amending Section 2.12(a) concerning special meetings. Shall the City of Sebastian amend the City Charter to give all council members equal authority to call special meeting's of council? )M FOR APEUWAL recdved 11 Bb? VOTES NQ FIR R C (& received 65,11 VOTES Referendum Amending Section 2.16(a) concerning ding committees. Shall the City of Sebastian amend the City Charter to allow standing committees to be govamed by ordinance as well as resol 'on? YES FOR APP O AL received 6 VOTES NO FOR REJE oN rece Ived So / ' VOTES Refereil km Amending Section 3.03(a) concerning removal of charter officers without CHUM Shall the City of Sebastian amend do City Charter to provide for removal of charter officers without cause if such removal is allowed under the terms of the officer's employment contract? YES. FOR PPEML ed /, a to a VOTES NO FOR REJECTION ed /, / 6.4 VOTES Referendum Amending Section 3.03(b) concerning oval of charter officers for cause. Shall the City of Sebastian amend the City er to set standards to be considered by council in a vole to charge a charter offi with cause for removal? Referendum Amending Section 3.04(e) concerning th City budget. Shall the City of Sebastian amend the City�:haiter to designate that the budget and millage rate be adopted by resolution? YES FOR AUROVAL recei ed 1800 VOTES NO EQR REJECTION re cei ed 63,51 VOTES M I Referendaa Amending Section 4.02(b) concerning n filing fees. Shall the City of Sebastian amend the City 4.1wrter to provide that election filing fees shall be set by law instead of by council lution? YES FOR APPROVAL received .216 97 VOTES NO FOR UZKMM rec ei ed 372! VOTES Referendum Amending Section 4.08(a) concerning elections canvassing board. Shall the City of Sebastian amend the City LInater to designate the city attorney as a member of the canvassing board? YES FOR APPROVAL ' ed I s-46 VOTES NO FOR REECTION recei ed 967 VOTES Referendum Amending Section 4.12(b) concerning election ties. Shall the City of Sebastian amend the City Charter to require a run-off election to decide ties for council elections instead of dtawing lots? YES AP ROYAL recei eel .2, 13 3 VOTES NO FOR REJECTION recei eel 377 VOTES Referendum Amending Section 4.13 concerning eandh late disqualif#cation. Shall the City of Sebastian amend the City Charter to make a violation of state election code a basis for disqualification anc providing procedures for such action? US FOR APPROVAL recei ed VOTES NO FOR RFC received oS VOTES Referendum Amending Section 4.14 concerning interim government. Shall the City of Sebastian amend the City Charter to provide that remaining charter officers, radw than mayor and police chief, succeed city clerk as the official responsible for appointing interim governm4ent when no functioning council exists? YES EM APPROVAL recei ed I,7 S6 VOTES NO FOR BFJU'1'lON recei ed 68$ VOTES f Referendum Deleting Sections 6.O2 and 6.03 concerning transition to current charter. Shall the City of Sebastian amend the City Charier to delete obsolete provisions governing the transition to the existing ch" from a previous charter? YES FOR APPROVAL recei �ed 1, M - VOTES NO FOR REJECDON 44VS VOTES G David Morgan, County Judge Kay Clem,t of Elections Fran Adams, Ch irman, Board of County Commissioners q 00 ttkn ORDINANCE NO.O-99-1 AN O INANCE OF THE CITY OF SEBAST , INDIAN RIVER COUNTY, FLORIDA, CHEDULING AN ELECTION TO S MIT A REFERENDUM ISSUE TO THE ELE TE IN ORDER TO AMEND TICLE I OF THE CITY CHARTER TO DELETE ECTION 1.05 TO MOVE SPECIAL STATUS FOR NONCONFORMI USES ANNEXED I O THE CITY; PROVIDING FOR THE MANNER IN WHI SUCH ELECTI SHALL BE CONDUCTED; PROVIDING THE TIME AND PLA FOR HO G SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLO FOR S ELECTION;; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 ofFlkda Statutes provides that the governing body of a municipality may submit to the electors of that mp icipality a phUmsed amendment to all or part of its charter; and WHEREAS, pursuant/b the City Charter, tk City of Sebastian Charter Review Committee has recommended that certain ryfisions be made to the City ChakW; and WHEREAS, !�' City Council desires to submit the amer4ments to the City Charter for ratification by the electors of the ' of Sebastian, Indian River County, Florida. NOW, HEREFORE, BE IT ORDAINED BY THE C\entirety. THE CITY OF SEBAST , INDIAN RIVER COUNTY, FLORIDA, as follows ection 1. That upon passage of the Referendum submisting Section 1.05 of the ity Charter of the City of Sebastian, Florida, shall be deleted i Seetiee-1.0-5 Section 2. An election is hereby called and scheduled to be held on March 14, 2000, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 2. An election is hereby called and scheduled to be held on March 14, 2000, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. W Section 3. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12................................................................The Sebastian Community Center, 1805 North Central Avenue Precinct 14................................................................Highlands Chapel Church of God, 281 Delaware Avenue Precinct 15................................................................The North Indian River County Library, 1001 Fellsmere Road (CR 512) Precinct 16................................................................Sebastian Elks Lodge No. 2714, 731 South Fleming Street The polls shall open at such voting places on March 14, 2000, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 4. 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: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Deleting Section 1.05 concerning annexed property. Shall the City of Sebastian amend the City Charter to remove the special status given nonconforming uses annexed into the City? Yes for Approval No for Rejection 2 Section 5. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and upon, being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joseph Barczyk Councilmember Walter Barnes v Councilmember Ben Bishop Councilmember Edward Majcher The Mayor thereupon declared this Ordinance duly passed and adopted this j,(,L day of CITY OF SEBA TIAN, FLORIDA By: �( Chuck euberger, Mayor (i T ST: Kathryn %X. O'Halloran, CMC/AAE City Clerk (Seal) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the t3AJ day of , 1999, and that following said public hearing this Ordinance was passed by the City Council. If ATTE T: Kathryn M.011alloran, CMC/AAE City Clerk Approved as to form and legality for relian the CjojqSebastian only: =C Rich Stringer City Attorney �1Lq) @ 31/Y/66 Ola6f,) ORDINANCE NO.O-99-20 AN ORDINANCE OF THE CITY OF SEBASTIAN. INDIAN RIVE COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERE ISSUE TO ELECTORATE IN ORDER TO AMEND ARTICLES II AND OF THE CITY TER TO PROVIDE FOR CHANGING CITY COUNCIL FROM TWO (2) TO FOUR (4) YEARS; PROVIDING FOR THE R IN WHICH SUCH ECTION SHALL BE CONDUCTED; PROW NG THE TIME AND PLACES HOLDING SUCH ELECTION; ESTABL G THE FORM OF THE BALLOT FO SUCH ELECTION; AND PROVIDIN OR AN EFFECTIVE DATE. WHEREAS, Sectio 166.031 of Florida Statutes p ides that the governing body of a municipality may submit to the electors of that unicipality a pr amendment to all or part of its charter; and WHEREAS, pursuant to the ity C the City of Sebastian Charter Review Committee has recommended that certain revisions be ma the City Charter; and WHEREAS, the City Council ues bmit the amendments to the City Charter for ratification by the electors of the City of Sebasti an River Co ty, Florida. NOW, THEREFO BE IT ORDAINED B THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN R COUNTY, FLORIDA, as fo ows: Section 1. That upon passage of the Referendum submi hereunder, existing Sections 2.03(a), 2.04(a), 2.06(c) an .12(a) of the City Charter of the City of Sebastian, orida, shall be amended to read as follows: "`Section 2.03(a) (a) The three (3) councilmember positions to be determined in the ye 001 elections shall serve for a three (3) year term. The two (2) councilmember itions to be determined in the year 2002 elections shall serve for a four (4) year term. ereafter, there shall be held a general election of two (2) council members on second Tuesday in March of each even -numbered year that is not a leap year, and of (3) council members in each leap year." t "Section 2.04(a) (a). The terms of the council members shall be for four (4) years, or until a successor has been duly elected or appointed and sworn." "Section 2.06(c) (c) Vice -mayor - Selection and term. Immediately following the election of a mayor, the city council shall elect a vice -mayor from among its members. The vice -mayor shall be elected using the same procedure as for the election of mayor." "Section 4.12(a) (a) In all general or special elections, the candidate receiving the highest vote in each of the offices of council member to be filled, shall be elected for four year terms, or the balance of the term." Section 2. An election is hereby called and scheduled to be held on March 14, 2000, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12................................................................The Sebastian Community Center, 1805 North Central Avenue Precinct 14................................................................Highlands Chapel Church of God, 281 Delaware Avenue Precinct 15................................................................The North Indian River County Library, 1001 Fellsmere Road (CR 512) Precinct 16................................................................Sebastian Elks Lodge No. 2714, 731 South Fleming Street The polls shall open at such voting places on March 14, 2000, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. 2 ,4-0 Section 4. 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: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Amending Sections 2.03(a), 2.04(a), 2.06(c) and 4.12(a) concerning council terms. Shall the City of Sebastian amend the City Charter to change council terms from two to four years? Yes for Approval No for Rejection Section 5. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember o v Mayor Chuck Neuberger Councilmember Joseph Barczyk Councilmember Walter Barnes Councilmember Ben Bishop Councilmember Edward Majcher and upon, being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted thikbtof- day of , 1999. P - ►. CITY OF SEB FLORIDA By: 41 t Chuck Neuberger, Mayor x ATTEST: Kathryn*O'Halloran, CMGAAE City Clerk (Seal) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as�9uired by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m on the j ate! day of ` Toi,••.•..iw , 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTE T: athryn . O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reli by of Sebastian only: Rich Stringer City Attorney 4 City of Sebastian, Florida OFFICE OF THE C11YATTOMEY AGENDA TRANSMITTAL Agenda No. 99.065 Subject: Charter Amendments Exhibits: Ordinances 0-99-18 through 0-99-20; 0-99-22 through 0-99-36 SUMMARY: Date Submitted: 10/26/99 ` For Agenda of: 11/3/99 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REOUIRED: As per the direction received at the the first reading for these ordinances held 10/13/99, 18 proposed charter amendments are forwarded for final hearing for placement on the March 2000 ballot. Ordinance 0-99-21 has been eliminated and Ordinances 0-99-24 and 0-99-34 have been amended in accordance with the desires of the Council. RECOMMENDED ACTION: Move to approve Ordinances 0-99-18 through 0-99-20, and 0-99-22 through 0-99-36, respectively. AUTHORIZED FOR PLACEMENT ON AGENDA BY CITY MANAG R: wwA 0-99-24 Q 10jI3�i9 Section 2.08(c) is amended as follows: (c) Filling vacancies. In the event of a vacancy in the office of a council member, the city council shall- y taking individual nominations and votin¢ appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a &uccessor is to be elected for r the So that it will read as follows: (c) Filling vacancies. In the event of a vacancy in the office of a council member, the city council shall, by taking individual nominations and voting thereupon, appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a successor is to be elected for the unexpired term, the candidates shall run specifically for that seat on the council. However, if there is no general election within a six-month period of the occurrence of the vacancy and the unexpired term for the vacant seat exceeds six months, a special election shall be held with all due haste to elect a successor, and the appointee shall serve until the successor is seated at the first regular meeting of the council following certification of the election results. 0-99-3 4 Section 4.13 is amended as follows: No candidate , violate the provisions of Florida tat;Wq Chaot r 104 (the Florida Election Code) as now constituted or as amended in the future. A violation of any of these provisions shall disqualify such candidate from holding office, if elected, and the person .�W receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. Any sitting_ member of council or candidate therefore may file a written charge with the citv clerk- orior to opening of the meeting in which the election results are declared_ that specifies an alleged violation of this provision by a candidate havirm been elected. The citv council must vote whether said charge would, if proven. constitute a violation and whether a reasonable basis exists for believing the violation occurred, and u o n an affirmative determination by the majority_ a special meeting shall be scheduled within thirty (30) days for a hearing on the charge in which the procedures of Section 2.09 aDmLy,-Upon a finding by a majority vote of the whole council thaLa A violation of any of these provisions occurred_ such a finding shall disqualify such candidate from holding office, if elee4ea, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. So that it will read as follows: No candidate violate the provisions of Florida Statues Chapter 104 (the Florida Election Code) as now constituted or as amended in the future. A violation of any of these provisions shall disqualify such candidate from holding office, if elected, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. Any sitting member of council or candidate therefore may file a written charge with the city clerk, prior to opening of the meeting in which the election results are declared, that specifies an alleged violation of this provision by a candidate having been elected. The city council must vote whether said charge would, if proven, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge in which the procedures of Section 2.09 apply. Upon a finding by a majority vote of the whole council that a violation of any of these provisions occurred, such a finding shall disqualify such candidate from holding office, and the person receiving the majority PUBLIC HEARING NOTICE CITY OF SEBASTIAN PRESS -JOURNAL INDIAN RIVER COUNTY, FLORIDA The City Council of the City of Sebastian, Indian River County, Florida, will hold a public heoririg concerning' the adoption of the Ordinances with the titles as shown below on Published Daily Wednesday, November"3, 1999 at 7.00 p.m. in the City Council Chombers, City Hell, 1225' Main Street, Sebastian, Florida. At the conclusion of this public heoring or, at o subsequent meeting, the City Council may Vero Beach, Indian River County enact these Ordinances into low. Ordinances 18 through 36 are proposed charter amendments and ore being Florida considered for placement on the March 14, 2000 election ballot. interested parties may inspect the proposed COUNTY OF INDIAN RIPER: STATE OF FLORIDA Ordinances in the Office of the City Clerk at City Hall cad may appear at the hearing and be heard with respect to the proposed Ordinances: Before tt19 Ordinance No. 0-99-14 Oath Say3 that he e � authority PerSOnaBy appearedDarryl AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY; FLORIDA, AMENDING CODE in irntlian River C e is PreSWM't of the Pres"oumai, a daily newspaper Published a ero Bear NG oR SEVERAB ITY; PROVIDOf ORDINANCES CHAPTER 26 ING FOR AN EFFECTIVE CODES, PROVIDING FOR CONFLICTS; PROV10. ty, kxida; that the attached copy of advertisement, bean g Ordinance No. 0-99-15 I3 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, AMENDING CHAPTER, 39, ARTICLE 2, ALARM SYSTEMS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVID ING FOR AN EFFECTIVE DATE. In the matter of • ! — _/ C�% .in the Court, W83 lashed in said newspaper in the issues of /� � � ���'qY� c���ANiant further says that the said Press -Journal Is a newspaper published at Vero Beach, in River County, Florida, and that the said news �y Pub�shed in said Indian River Paper has heretofore been second class mail matter at the CO1'nty' Fonda, each dauy and has been entered as for a Post office in Vero Beach, In said Ir>dan River County, Florida, Period of one year next advertisement; and afflant further says j has Preceding the first itt publication of the attached copy of paid O� oraentio`tfarny discount, rebate, conrrdssion or ref f or Promised any person, firm publication in said newspaper. Purpose of securing this d,subscribed'�(ore me th 6. Q9 / i d y of .D. 14 l / IAY COMMISSION ExrRi s _ * = JANUARY 91, 2001 ' esident) a z T CQMAI NO. CC611093 a = ntiv , H �► zy (SEAL) • �oa M tary pub�AN ate of Y Corrlmission t Florida ,'0lig��•----S%4`' C9mrrn, No. CC 61%or ,,Ian. 01 200, t 3 bN C, SSA „N 'srsonal! 4•aaen>.N• yJsnown Produced ID C] e of ►p , roduced Ordinance No. 0-99.17 AN ORDINANCE OF.THE CITY OF SEBASTIAN, INDIAN RIVER, COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2 INVESTMENT POLICY PROVISIONS; PROVIDING FOR CONFLICTS; PRO-. VIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 0-99-18 AN ORDINANCE .OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO`SUBMIT A REFERENDUM ISSUE TO, THE ELECTORATE IN ORDER -,TO AMEND ARTICLE I OF THE CITY CHARTER TO PROVIDE FOR EXTENSION ' OF 'THE LIMIT ON AIRPRT' ptd>t LEASES FROM TWENTY (20) TO THIRTY (30) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH' ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR 'HOLDING SUCH -ELEC- nON;, ESTABLISHING .THE FORM OF THE'.BALLOT FOR SUCH -ELECTION; AND PROVIDING FOR, -AN EFFECTIVE DATE: Ordinance No. 0-99-19 AN ORDINANCE OF -THE CITY OF SEBASTIAN, INDIAN RIVER�COUNTY, FWRIDA, SCHEDULING. AN- ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE rOF THE CITY CHARTER TO. DELETE SECTION,1:05 TO REMOVE SPECIAL STATUS FOR -NONCONFORMING' USES ANNEXED INTO THE CITY; PROVIDING FOR THE.MANNER IN WHICH SUCH,ELECTION`SHALL BE CONDUCTED; 'PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION, ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No: 0-99' 20 AN ORDINANCE OF THE 'CITY OF SEBASTIAN, INDIAN RIVER:, COUNTY, FLORIDA•SCHEDULING'AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND'ARTICLES.II AND IV OF THE CITY CHARTER TO'PROVIDE- FOR CHANGING CITY COUNCIL TERMS FROM TWO'(2) YEARS TO. FOUR (4) YEARS; PROVIDING THE MANNER IN WHICH, SUCH ELECTION SHALL BE CON- I DUCTED PROVIDING: THE TIME:ANDL PLACES FOR HOLDING SUCH ELECTION'SHALL BE CONDUCTED PROVIDING THE. TIME AND, PLACES 'FOR HOLDING SUCH ELECTION ESTABLISHING THE FORM OF BALLOT FOR SUCH ELECTION; AND- PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 0-99-22 , AN ORDINANCE Of. THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,-SCHEDULING AN ELECTIONTO SUBMIT A REFERENDUM ISSUE TOTHE ELECTORATE IN ORDER TO AMEND ARTICLE ILOF THECITY CHARTER TO PROVIDE:FOR AN'INCREASE TO CITY COUNCIL SALARIES., PROVIDING FOR THE MANNER IN WHICH'SUCH ELECTION SHALL_ BE CONDUCTED; -PROVIDING THE TIME'AND'FLACESFOR HOLDING SUCH ELECTION;. ESTABLISHING THE FORM OF -THE BALLOT FOR SUCH ELECTION- AND PROVIDING FOR'AN EFFECTIVE!DATE. Ordinani e' No 0-99.23 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIANRIVERCOUNTY, FLORIDA,'SCHEDULING? AN ELECTION TO SUBMIT A REFERENDUM ISSUE. TO THE ELECTORATE IN, ORDER TO AMEND ARTICLES It AND III OF THE CITY, CHARTER, TO PROVIDE: FOR CLARIFICATION THAT MAYOR.SIGNS LEGISLATIVE DOCUMENTS AND CITY MANAGER ,SIGNS CONTRACTS AND OTHER BUSINESS DOCUMENTS; PRO- VIDING FOR THE•MANNER INWHICKSUCH-ELECTION SHALL,BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES' FOR HOLDING, SUCH, ELECTION;' ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE - Ordinance No. 0-99-24 • - AN ORDINANCE OF THE CITYOF SEBASTIAN,'INDIAN-RIVER COUNTY,, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A.REFERENDUM ISSUE TO -THE ELECTORATE IN ORDER TO AMEND'ARTICLE it OF THE CITY CHARTER TO PROVIDE -FOR A REQUIREMENT=FOR ;SPECIAL ELECTION TO FILL COUNCIL VACANCIES OF GREATER THAN- SIX MONTHS, PROVIDING FOR. THE MANNER IN WHICH' SUCH ELECTION -SHALL'B@'CONDUCTED;-PROVIDING THE TIME AND. PLACES FOR -HOLDING -SUCH ELEC- TION-'ESTABLISHING'THE'FORM-OF THE BALLOT FOR `:SUCH!ELECTION;AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No.0-99-25' AN.ORDINANCE'OF THE CITY OF SEBASTIAN,•INDIAN RIVER�COUNTY, FLORIDA. SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN. ORDER.TO.AMEND ARTICLETIOf THE CITY CHARTER TO PROVIDE FOR PROCEDURES, FOR 'REMOVAI;'OF,,CITY COUNCIL,MEMBERS, PROVIDING FOR'THE MANNER IN' WHICH'SUCH'-ELECTION SHALL BE CONDUCTED;.PROVIDIN15 THE TIME AND PLACES FOR HOLDING -SUCH ELECTION; ESTABLISHING -THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No: 699.26 3' AN ORDINANCE OF'THE .CITY OF SEBASTIAN,' INDIAN' RIVERYCOUNTY;, FLORIDA, -SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE It, OF THE CITY CHARTER TO PROVIDE.FOR A CHANGE 1N THE MANNER OF CALLING SPECW � MEETINGS OF COUNCIL 50 ALL COUNCIL MEMBERS, HAVE EQUAL STANDING;, PROVIDING-FORINE'MANNER IN WHICH;SUCH ELECTION_ SHALL, BE CONDUCTED;'PROVIDINGITHE TIME AND'PLACES.FdZHOLD- ING SUCH'ELECTION; ESTABLISHING THE,FbRM'OF 'THE.BALLOT FOR SUCH ELECTION; -AND PROVID- ING FOR -AN EFFECTIVE DATE._ i Ordinance No. 0-99-27 AN ORDIN_ ANCE.OF THE CITY; OFF_SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT'A'REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE 11'OF THE CITY CHARTER TO PROVIDE FOR ALLOWING STANDING COMMITTEES GUIDELINES TO'BE SET UP PURSUANT TO ORDINANCE AS .WELL AS RESOLUTION; PROVIDING FOR THE MANNER IN "WHICH SUCH ELECTION; SHALL. BE CONDUCTED; PROVIDING: THE TIME AND PLACES -FOR HOLDING SUCH ELECTION ESTABLISHING'THEFORMOF THE BALLOT FOR SUCH ELECTION AND PROVIDING FOR AN EFFECTIVE DATE Ordinance No. 0-99.28 ' AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN-RIVER COUNTY, FLORIDA. SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY CHARTER TO PROVIDE FOR ,REMOVAL OF CHARTER OFFICERS. WITHOUT CAUSE' IF PURSUANT TO CONTRACT; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE, CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.0-99.29 ' • AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER.000NTY, FLORIDA, SCHEDULING' AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY CHARTER TO PROVIDE FOR SETTING STANDARDS. FOR VOTE- TO CHARGE CHARTER ��•+•••-••••.- rr,n TUC'&AAKWr9 iN wHir•H MICH ELECTION continued �vomr r rr rtcrcxtrlvUM IJbUt 10 THE ELECTORATE IN ORDER TO AMEND ARTICLE II -.OF THE CITY CHARTER TO PROVIDE FOR ALLOWING STANDING COMMITTEES GUIDELINES TO BE SET-UP PURSUANT TO ORDINANCE AS WELL AS RESOLUTION; PROVIDING FOR THE MANNER IN'WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME 'AND PLACES FOR HOLDING SUCH ELECTION ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION AND PROVIDINGFOR,AN EFFECTIVE DATE. Ordinance No. 0-99-28 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, 'SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY CHARTER TO PROVIDE FOR REMOVAL OF CHARTER OFFICERS WITHOUT CAUSE' IF PURSUANT TO CONTRACT; PROVIDING FOR THE MANNER'IN WHICH SUCH ELECTION SHALLBE. CONDUCTED; PROVIDING THE TIME AND PLACES.FOR HOLDING SUCH ELECTION; ESTABUsKiNG THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING;FOR,AN EFFECTIVE DATE._ ORDINANCE NO.O-99-29 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER:000NTl, FLORIDA,;;SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM -ISSUE TO THE ELECTORATE IN ORDER TO Ah1END' ARTICLEIII' OF THE CITY CHARTER TO PROVIDE FOR SETTING STANDARDS FOR VOTC.TO CHARGE CHARTER OFFICERS WITH CAUSE FOR REMOVAL; PROVIDING FOR THE MANNER IN -WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND'PLACES FOR!HOLDINGSUCH _ELECTION; ESTA6- LISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN_EFFECTIVE DATE. Ordinance No. 0-99-30 AN ORDINANCE OF THE -CITY OF SEBASTIAN; INDIAN RIVER COUNTY, FLORIDA, SCHEDUUNG AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER ;TO.AMEND- A'OCLE•III OF THE CITY CHARTER TO PROVIDE FOR ADOPTION OF THE CITY BUDGET AND.MLLAGE,BYrRESOLU- TION; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL 1E CONDUCTED; PROVIDING•• THE TIME AND PLACES FOR HOLDING SUCH ELECTION, ESTABLISHING•,THQblz `OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING_ FOR AN EFFECTIVE DATE. - Ordinance No. 0-99-31 AN ORDINANCE OF THE CITY OF SEBASTIAN; INDIAN RIVER. COUNTY,,FLORIDA, SCHEDULING,AN ELECTION TO SUBMIT A REFERENDUM, ISSUE TO THE•ELECTORATE IN ORDER TO AMEND-ARTICLE,IV OF THE CITY CHARTER TO PROVIDE fOR ADOPTING ELECTION,FILING. FEES ASSET BY•LAW;,PROVID- ING'FOR THE MANNER IN -WHICH SUCH ELECTION SHALL BE CONDUCTED,'PROVIDING.THE'TIME, AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING'THE.FORM,,OF THE::BALLOT FOR -SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE... Ordinance No. 0-99-32 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULIN .1 ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO -AMEN* IV OF THE CITY CHARTER TO -PROVIDE FOR INCLUDING THE:CITYsATTORNEY-AS A MEMBER -OF -THE -CITY' CANVASSING BOARD; PROVIDING THE TIME'AND PLACES FOR,HOLDING.SUCH ELECTIpN;,ESTAB LISHING THE FORM OF•THE'BALLOTFOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE: Ordinance No. 0-99-33 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING''AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND"'ARTICLE IV OF THE CITY CHARTER TO PROVIDE -FOR A,RUN-OFF TO,DECIDE TIES FOR COUNCICAECTIONS'- INSTEAD OF 'DRAWING LOTS; 'PROVIDING THE MANNER IN, WHICH SUCH ELECTION'$HALL BE • CONDUCTED PROVIDING THE TIME AND PLACES FOR HOLDINGSUCH ELECTION; ESTABLISHING.THE, FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE..`" i `4 a`: Ordinance No. 0-99-34 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,'•SCHEDULING.,AN ELECTION.TO SUBMIT A REFERENDUM ISSUE TO.THE, ELECTORATE IN ORDER,TO'AMEND ARTICLE'JV OF THE CITY CHARTER TO PROVIDE FOR VIOLATION OF STATE ELECTION CODE .AS:A:BASIS.FOR DISQUALIFICATION AND PROVIDING PROCEDURES FOR SUCH ,ACTION;. PROVIDING:Fbk':THE MAN=• NER IN WHICH SUCH ELECTION,SHALL BE CONDUCTED;, PROVIDING THE,TIMEAND=PLACES, FOR. HOLDING. SUCH ELECTION; ESTABLISHING THE FORM OF THE. BALLOT -FOR SUCH ELECTION;; AND PROVIDING FOR AN EFFECTIVE DATE.. - 'Ordinance No. 0-99-35 AN. ORDINANCE OF THE -CITY OF SEBASTIAN INDIAN RIVER COUNTY; FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM. ISSUE TO THE ELECTORATE IN -ORDER TO AM. END?ART ICWIV OF THE CITY CHARTER TO PROVIDE THAT THE CITY+MANAGER AND THEN THE CITY'ATTOR'.EYSHALL SUCCEED THE CITY CLERK IN APPOINTING INTERIM GOVERNMENT, RATHER ,THAN-THE'MAYOR AND POLICE CHIEF MAKING" SUCH APPOINTMENTS; PROVIDING FOR .THE MANNER 'IN WHICH':SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR -HOLDING `SUCH ELEC-; r TION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; •AND_PROVIDING 1dVANI EFFECTIVE DATE Ordinance No. 0-99-36 AN ORDINANCE OF. THE -CITY OF SEBASTIAN, INDIAN RIVER COUNTY;'FLORIDA, SCHEDULING -AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND.:ARTICLE'VI OF THE, CITY CHARTER TO, DELETE OBSOLETE PROVISIONS 'FOR TRANSITION TO. CURRENT, CHARTER; PROVIDING FOR THE MANNER'IN WHICH_ SUCH ELECTION SHALL BE CONDUCTED; 'PROVIDING THE TIME AND PLACES FOR HOLDING 'SUCH ELECTION; ESTABLISHING THE FORM OF THE: BALLOT;FOR . SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE: • :. -`: Any person who may wish to oppeol any decision which may be'made by the Cily'Council a7-this hea44ill need to•ensure that a verbatim record of the proceedings is.made which record'includes4he,testimony:and evidence upon which the appeal will be based. (286.0105 F.S.) In `compfionc.e with_the Americans With Disabilities Ad (ADA), anyone.who'needs a. special.accomnodation for this meeting should contact the City's ADA Coordinator at 589-5330 at least 48 hours in'advdnce of the meeting. By: Kathryn M. O'Halloran, CMC/AAE City Clerk October 20, 1999 • 1 nvgRt City of Sebastian, Florida OFR(;E OF THE (If I(ATTOMEY AGENDA TRANSMITTAL Agenda No. Subject: Charter Amendments Exhibits: Ordinances 0-99-18 through 0-99-3 6 SUMMARY: 99,06S Date Submitted: 10/7/99 ,L For Agenda of 10/13/99 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: As per the direction received at the workshop held 9/29/99, 19 proposed charter amendments are forwarded for consideration for placement on the March 2000 ballot. Separate ordinances are proposed for each ballot question to satisfy the "single subject" rule of Florida Statutes. RECOMMENDED ACTION: If satisfactory, move to pass each on first reading and set public hearing for November 3, 1999 regular meeting. AUTHORIZED FOR PLACEMENT ON AGENDA BY CITY MANA ER: q FINAL DRAFT / 11. ORDINANCE NO.O-99-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, IAN RIVER COUNTY, FLORIDA., SCHEDULING AN ELECTION TO SUBMI A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTI ES II AND IV OF THE CITY CHARTER TO PROVIDE FOR EXTENSION DATES THAT ELECTION RESULTS ARE DECLARED AND NEW CO LMEMBERS TAKE OFFICE; PROVIDING FOR -.THE MANNER IN WHI SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FO OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN E CTIVE DATE. WHEREAS, Section 166.031 of'Florida Stat es provides that the governing body of a municipality may submit to the electors of that municipalityApr osed amendment to all or part of its charter; and WHEREAS, pursuant to the City Chayter;� the City of Sebastian Charter Review Committee has recommended that certain revisions be made t the City �arter; and WHEREAS, the City Council des' s to submit the endm the electors of the City of Sebastian, Indigh River County, Florida. NOW, THEREFORE, BE cif ORDAINED BY THE SEBASTIAN, INDIAN RIVER'C�iUNTY, FLORIDA, as follows: Section 1. That up4 passage of the Referendum submitted to the City Charter for ratification by COUNCIL OF THE CITY OF 2.06(a), 2.06(c), and 4.08 (c) ofthe City Charter of the City of Sebastian, Florida, as follows: existing Sections 2.04(b), be be amended to read "Secti 2.04(b) (b) The term of each newly elected council member shall begin on the firstNfor of ARriI fo wing the election, at a special meeting of the city council to be helpurpose of wearing in such newly elected offcials. If a regular city council mee be held on said' Monday fellowing the eleetien, the newly elected officials shall be sworn ' at the conclusion of such regular meeting. 1 "Section 2.06(a) (a) Mayor —Selection and term. Cemmeneing Mafeh 1994, aAfter the seating of any newly elected council members, 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 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 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. "Section 2.06(c) (c) Vice -mayor - Selection and term. Immediatelv followine the election of a mavor, MaFe the city council shall elect a vice -mayor from among its members. The teFffief-the a: or „„til his heF sue,e esse"- is ele„+sa The vice -mayor shall be elected using the same procedure as for the election of mayor." "Section 4.08(c) (c) The city council shall_ at the first regular meeting held more than three days following the election, receive €er- the pu"se e€meeiving the certificate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as the case may be. The city council shall then declare the results of the election and enter them in the minutes of the speeial meeting. Aei}-eA of of('*e"—eq--W-ired to be admirtistemd to the newly eleeted eeuneil members Section 2. An election is hereby called and scheduled to be held on March 14, 2000, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. 2 I Section 3. The plai;es of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12................................................................The Sebastian Community Center, 1805 North Central Avenue Precinct 14................................................................Highlands Chapel Church of God, 281 Delaware Avenue Precinct 15................................................................The North Indian River County Library, 1001 Fellsmere Road (CR 512) Precinct 16..................... Sebastian Elks Lodge No. 2714, 731 South Fleming Street The polls shall open at such voting places on March 14, 2000, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 4. 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: K if BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. : Amending Sections 2.04(b), 2.06(a), 2.06(c), and 4.08(c) concerning dates of taking office. Shall the City of Sebastian amend the City Charter to extend dates that election results are declared and new councilmembers take office to allow a 3-4 week transition period? Yes for Approval No for Rejection Section 5. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and upon, being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joseph Barczyk Councilmember Walter Barnes Councilmember Ben Bishop Councilmember Edward Majcher The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1999. CITY OF SEBASTIAN, FLORIDA 0 4 Chuck Neuberger, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer City Attorney FINAL DRAFT ORDINANCE NO.O-99-24 AN ORDINANCE OF THE CITY OF SEBAS' FLORIDA-,,,SCHEDULING AN ELECTION TO St THE ELECTORATE IN ORDER TO AMEND AR TO PROVID FOR A REQUIREMENT FOR COUNCIL V CIES OF GREATER TH THE MANNER °• N WHICH SUCH ELE . PROVIDING TH TIME AND PLACES FOl ESTABLISHING T FORM OF THE ALLI PROVIDING FOR AN FFECTIVE DA E. 71IAN INDIAN RIVER COUNTY, B T A REFERENDUM ISSUE TO F E II OF THE CITY CHARTER PECIAL ELECTION TO FILL SIX MONTHS; PROVIDING FOR [ON SHALL BE CONDUCTED; t HOLDING SUCH ELECTION; )T FOR SUCH ELECTION; AND WHEREAS, Section 166.03\of Florida/Statutes provides that the governing body of a municipality may submit to the electors of that municip\lity%a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City/ Carter, the City of Sebastian Charter Review Committee has recommended that certain revisions be vtiade to th City Charter; and WHEREAS, the City Couatil desires to sub it the amendments to the City Charter for ratification by f� the electors of the City of Sebastian, Indian River Coun Florida. NOW, THEREFORE, BE IT ORDAINED B THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN DIVER COUNTY, FLORIDA, as flows: Section 1. ,r` That upon passage of the Referendum su mitted hereunder, existing Section 2.08(c) of the City Charter, f the City of Sebastian, Florida, shall be be amenXed to read as follows: "S ction 2.08(c) (d) Filling vacancies. In the event of a vacancy in the offi of a council member, the city co cil shall appoint a person having the qualifications of coon '1 member to occupy such offi until the earlier of (1) the seating of a successor elected by the a ctorate of the city at the ne general municipal election for the city where the qualifying period, for seeking election for co cil members has not expired, or (2) for the remainder of the unexpired term of the council ice in which the vacancy exists. In the event a successor is to be elected for the unexuired term: andidates shall run snecifically for that seat on the council. However_ if there is no eeneral election within a six-month period of the occurrence ofibc '-vacancy-And the unexpired term for the vacant seat exceeds six months. a special election shall 1 be held with all due haste to elect a successor. and the ;Rwointee shall serve until the successor is seated at the first regular meeting-QMe council following certification of the election rem" i Section 2. An election is hereby called and scheduled to be held on March 14, 2000, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12.................................................................The Sebastian Community Center, 1805 North Central Avenue Precinct 14................................................................Highlands Chapel Church of God, 281 Delaware Avenue Precinct 15................................................................The North Indian River County Library, 1001 Fellsmere Road (CR 512) Precinct 16...............................................................Sebastian Elks Lodge No. 2714, 731 South Fleming Street The polls shall open at such voting places on March 14, 2000, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 4. 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: 2 BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. Amending Section 2.08(c) concerning council vacancies. Shall the City of Sebastian amend the City Charter to require that council vacancies of greater than six months be filled by special election rather than appointment? Yes for Approval No for Rejection Section 5. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and upon, being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joseph Barczyk Councilmember Walter Barnes Councilmember Ben Bishop Councilmember Edward Majcher The Mayor thereupon declared this Ordinance duly passed and adopted this day of 11999. ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) CITY OF SEBASTIAN, FLORIDA By: Chuck Neuberger, Mayor 3 I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer City Attorney 4 3 L FINAL DRAFT ORDINANCE NO.O-99-34 AN INANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORI A, SCHEDULING AN ELECTION TO S/EE FE UM ISSUE TO THE EL CTORATE IN ORDER TO AMENE OF THE CITY CHARTER O PROVIDE FOR VIOLATION OL CTION CODE AS A BASIS FOR SQUALIFICATION AND PROVEDURES FOR SUCH ACTION; PRO DING FOR THE MANNER INCH ELECTION SHALL BE CONDUCTE •PROVIDING THE TIME AN FOR HOLDING SUCH ELECTION; EST LISHING THE FORMBALLOT FOR SUCH ELECTION; AND P VIDING FOR AN EFFEE. WHEREAS, Section 166.0�1 of Florida Statutes 'Krovides that the governing body of a municipality may submit to the electors of that munici ality a WHEREAS, pursuant to the City ha recommended that certain revisions be made t t amendment to all or part of its charter; and , the City of Sebastian Charter Review Committee has City Charter; and WHEREAS, the City Council desires to sukit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, IT ORDAINED B THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVIA COUNTY, FLORIDA, as llows: i .1 Section 1. Tl) it upon passage of the Referendums bmitted hereunder, existing Section 4.13 of the City Charter of the City of Sebastian, Florida, shall be be amend to read as follows: "Sectio�4.13 No caXdidate shall , eteg violate the provisions of the Florida Election Code. Florid& Statues ChaaQter 104_ as now constituted or as amended in the future. A violation of any o these provisions shall disqualify such candidate from holding office, if elected, and the person r eiving the majority of the,,otes cast, observing the foregoing conditions, shall be entitled to the ice. Anv siding membcof council or candidate therefore may file a writtoi har2e with the city clerk- prior to opening of the meeting in which the election results are declared that specifies an allc violation of this provision by a candidate havinL been. elected. The city council must vote 1 whether said charge woulcL if proved_ constitute a violation and whether a reasonable basis exists for believine the violation !'occurred, and upon an affirmative determination by the maiorily_ a special meeting shall be scheduled within thirty (30) days for a hearing on the charge in which procedures of Section 2.00 apply. IZ g by a maiority vote of the whole council A violation of any of these provisions occurred. such a fines shall disqualify such candidate from holding office, i€eleetO, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office." Section 2. An election is hereby called and scheduled to be held on March 14, 2000, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12................................................................The Sebastian Community Center, 1805 North Central Avenue Precinct 14.................................................................Highlands Chapel Church of God, 281 Delaware Avenue Precinct 15................................................................The North Indian River County Library, 1001 Fellsmere Road (CR 512) Precinct 16..................... i........................................... Sebastian Elks Lodge No. 2714, 731 South Fleming Street The polls shall open at such voting places on March 14, 2000, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within�the City of Sebastian shall be entitled to participate and vote in such election. Section 4. 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: 2 BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. Amending Section 4.13 concerning candidate disqualification. Shall the City of Sebastian amend the City Charter to make a violation of state election code a basis for disqualification and providing procedures for such action? Yes for Approval No for Rejection Section 5. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and upon, being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joseph Barczyk Councilmember Walter Barnes Councilmember Ben Bishop Councilmember Edward Majcher I The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1999. CITY OF SEBASTIAN, FLORIDA By: Chuck Neuberger, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk �i (Seal) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach 3 Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer City Attorney 4 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 MEMORANDUM TO: The Honorable Mayor of Sebastian The Honorable Vice Mayor of Sebastian The Honorable City Council Members Mr. Terrence Moore, City Manager FROM: Nathan McCollum, Chairman tl/'` Sebastian Charter Review Committee DATE: August 26, 1999 SUBJECT: Request For Charter Committee Recommendations Presentation At The Regular Sebastian City Council Meeting Of September 8, 1999. The Sebastian Charter Committee has completed our review of the Sebastian City Charter. Furthermore, the Committee has conducted two public hearings as required by the Charter. I am happy to report that during the public hearings no opposition was expressed for any of the recommended Charter modifications. I am requesting that I be added to the September 8, 1999, City Council Agenda in order to fulfil our Charter requirements which mandate a report by the Committee to the City Council. After my presentation, I will ask that the City Council instruct the City Attorney to develop the appropriate ordinance for first reading at the September 22, 1999, City Council meeting. I have enclosed the Committee's recommendations which will be discussed during the September 8, 19991 meeting. I look forward to meeting with you on September 8, 1999. CITY OF SEBASTIAN CHARTER REVIEW COMMITTEE PROPOSED AMENDMENTS AS ADOPTED FOLLOWING PUBLIC HEARINGS ON 7/26/99 & 8/24/99 Proposed Amendment #1: Amending Section 1.02(7) to extend the limit on terms for airport leases from 20 to 30 years. Section 1.02(7) is amended as follows: (7) Airports. To purchase, acquire, take hold , establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways depots, warehouses, garages, repair shops, oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airports; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed -twenty ( thirty 30 years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. So that it will read as follows: (7) Airports. To purchase, acquire, take hold , establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways depots, warehouses, garages, repair shops, oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airports; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed thirty (30) years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. Promo vosed Amendment #2: Delete Section 1.05 to remove special status for nonconforming uses annexed into the City. Section 1.05 is deleted: ARy real pro eFty upen wWoh a la -unifies and exemptiens as theugh my sueh business had been eendueted ion p er te amexMien te the ety Proposed Amendment #3: Amend Sections 2.03(a), 2.04(a), 2.06(c) and 4.12(a) to change council terms from two to four years. Section 2.03(a) is amended as follows: (a) , whese teFm expiffe.s iffil. IN arch, 1994; shall be f11ed ;, provided i see4ien 2.06 of this Ct,afte.- The three (3) councilmember positions to be determined in the year 2001 elections shall serve for a three (3) vear term. The two 2) councilmember positions to be determined in the vear 2002 elections shall serve for a four (4) vear term. Thereafter, there shall be held a general election of two (2) council members on the second Tuesday in March of each even -numbered year that is not a lean vear, and of three (3) council members in each odd nun*ered leaD year. So that it will read as follows: (a) The three (3) councilmember positions to be determined in the year 2001 elections shall serve for a three (3) year term. The two (2) councilmember positions to be determined in the year 2002 elections shall serve for a four (4) year term. Thereafter, there shall be held a general election of two (2) council members on the second Tuesday in March of each even -numbered year that is not a leap year, and of three (3) council members in each leap year. Section 2.04(a) is amended as follows: (a) The terms of the council members shall be for twe-(2) four (4) years, or until a successor has been duly elected or appointed and sworn. So that it will read as follows: (a) The terms of the council members shall be for four (4) years, or until a successor has been duly elected or appointed and sworn. Section 2.06(c) is amended as follows: (c) Vice -mayor - Selection and term. At the first regularly scheduled city council meeting subsequent to the second Tuesday in March, the city council shall elect a vice -mayor from among its members. The term of the vice - mayor shall be for one two years or until his or her successor is elected. The vice -mayor shall be elected using the same procedure as for the election of mayor. So that it will read as follows: (c) Vice -mayor - Selection and term. At the first regularly scheduled city council meeting subsequent to the second Tuesday in March, the city council shall elect a vice -mayor from among its members. The term of the vice - mayor shall be for two years or until his or her successor is elected. The vice -mayor shall be elected using the same procedure as for the election of mayor. Section 4.12(a) is amended as follows: (a) In all general or special elections, the candidate receiving the highest vote in each of the offices of council member to be filled, shall be elected for four two-year terms, or the balance of the term. So that it will read as follows: (a) In all general or special elections, the candidate receiving the highest vote in each of the offices of council member to be filled, shall be elected for four year terms, or the balance of the term. Proposed Amendment #4: Amend Sections 2.04(b) and 4.08(c) to extend dates that election results are declared and new councilmembers take office. Section 2.04(b) is amended as follows: (b) The term of each newly elected council member shall begin on the Mend ay third regular meeting following the election in ouah nevAy elee4ed the eleeti�", .. Me newly elected officials shall be sworn in at the conclusion of such regular meeting. So that it will read as follows: (b) The term of each newly elected council member shall begin on the third regular meeting -following the election. The newly elected officials shall be sworn in at the conclusion of such regular meeting. Section 4.08(c) is amended as follows: (c) The city council shall. at the first regular meeting hold a sp )n the first Menday following the election, receive the certificate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as the case may be. The city council shall then declare the results of the election and enter them in the minutes of the special meeting. Any ea4h of efflee required to be sueh :al city co So that it will read as follows: (c) The city council shall, at the first regular meeting following the election, receive the certificate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as the case may be. The city council shall then declare the results of the election and enter them in the minutes of the meeting. Proposed Amendment #5: Amend Section 2.05 to increase salary for members of council. Section 2.05 is amended as follows: The salafy ef mayor, vice -mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fiftft dollars 450 ( ); (2) Vice -mayor: Three hundred dollars ($300) ($259) ; and (3) Council members: Three hundred One hed fifty dollars ($300) So that it will read as follows: The mayor, vice -mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fifty dollars ($450) ; (2) Vice -mayor: Three hundred dollars ($300) ; and (3) Council members: Three hundred ($300) . Proposed Amendment #6: Amend Sections 2.06(b) and 3.04(g) to clarify that mayor signs legislative documents and city manager signs contracts and other business documents. Section 2.06(b) is amended as follows: (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 preserve the peace and order, be recognized as the head of 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 e,.nt.-. et , bends, aebefiWFes, 4anehises and efficial daeamen s on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. So that it will read as follows: (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 preserve the peace and order, be recognized as the head of 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. Section 3.04(g) is amended as follows: (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall ffhay sign all contracts, bonds, debentures, franchises and official documents on behalf of the city, which shall also be attested by the city clerk. So that it will read as follows: (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall sign all contracts, bonds, debentures, franchises and official documents on behalf of the city, which shall also be attested by the city clerk. Proposed Amendment #7: Amend Section 2.08(c) to require special election to fill council vacancies of greater than six months. Section 2.08(c) is amended as follows: (c) Filling vacancies. In the event of a vacancy in the office of a council member, the city council shall appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a successor is to he elected for the unexpired term. the candidates shall run sn_ ecifically for that seat on the council, However. if there is no general election within a six-month neriod of the occurrence of the vacancy and the unexnired_term for the vacant seat exceeds sixmonths. a special election shall be held with all due hage to elect A successor. -and the apgginjee shall serve until the successor is seated at the first regular meeting of the council following certification of the election results. So that it will read as follows: (c) Filling vacancies. In the event of a vacancy in the office of a council member, the city council shall appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a successor is to be elected for the unexpired term, the candidates shall run specifically for that seat on the council. However, if there is no general election within a six-month period of the occurrence of the vacancy and the unexpired term for the vacant seat exceeds six months, a special election shall be held with all due haste to elect a successor, and the appointee shall serve until the successor is seated at the first regular meeting of the council following certification of the election results. Proposed Amendment #8: Amend Section 2.09 to provide procedures for removal of council members. Section 2.09 is amended as follows: The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. Upon the filing by a sitting_ member of council of a written charge that a member has committed conduct violating, Section 2.08(b)Lthe citv council must vote whether said charge would. if proven_ constitute a violation and whether a reasonable bps exists for believing the violation occurred. and upon an affirmative determination by the majority. a special meeting shall be scheduled within thirty (30) days for a hearing on the charge. Alternatively. a A member charged by a member of the public with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on demand, and n Notice of such hearing shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of the hearing. Decisions made by the city council under this section shall be subject to review by the courts. So that it will read as follows: The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. Upon the filing by a sitting member of council of a written charge that a member has committed conduct violating section 2.08(b), the city council must vote whether said charge would, if proven, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge. Alternatively, a member charged by a member of the public with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on demand. Notice of such hearing shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of the hearing. Decisions made by the city council under this section shall be subject to review by the courts. Proposed Amendment #9: Amend Section 2.12(a) to change manner of calling special meetings of council so all councilmembers have equal standing. Section 2.12(a) is amended as follows: (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council members. Whenever practical, each council member shall receive at least twelve (12) hours' advance notice of any special council meeting called. If a public emergencv as defined under Florida law exists at least *fee (3) = council members -deem or charter officer may call a special meeting , and the twelve (12) hour advance notice requirement shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. So that it will read as follows: (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council members. Whenever practical, each council member shall receive at least twelve (12) hours' advance notice of any special council meeting called. If a public emergency as defined under Florida law exists any council member or charter officer may call a special meeting, and the twelve (12) hour advance notice requirement shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. Proposed Amendment #10: Amend Section 2.16(a) allowing standing committees guidelines to be setup pursuant to ordinance as well as resolution. Section 2.16(a) is amended as follows: (a) Standing committees may be appointed by the city council. The membership, powers and duties of such committees shall be provided by the resolution or ordinance of the city council. So that it will read as follows: (a) Standing committees may be appointed by the city council. The membership, powers and duties of such committees shall be provided by the resolution or ordinance of the city council. Proposed Amendment #11: Amend Section 3.03(a) to provide for removal of charter officers without cause if pursuant to contract. Section 3.03(a) is amended as follows: (a) Any Charter officer may be removed from office for causer or without cause pursuant to the terms of an emplovment agreement, by a majority vote of the entire city council. So that it will read as follows: (a) Any Charter officer may be removed from office for cause, or without cause pursuant to the terms of an employment agreement, by a majority vote of the entire city council. Proposed Amendment #12: Amend Section 3.03(b) to set standards for vote to charge charter officers with cause for removal. Section 3.03(b) is amended as follows: (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote at least three (3) council members that said charge would. if proven, constitute a violation and that a reasonable basis exists for believing the violation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer form office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the City Council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed if the City Council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. So that it will read as follows: (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote at least three (3) council members that said charge would, if proven, constitute a violation and that a reasonable basis exists for believing the violation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer form office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the City Council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed if the City Council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. Proposed Amendment #13: Amend Section 3.04(e) to designate that the City budget be adopted by resolution. Section 3.04(e) is amended as follows: (e) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city council and shall keep the city council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. The city cotncil shall adopt the annual budaet and capital rp Ogram_ Wresented or as modified_ by resolution and adopt the city millage rate by ordinance. So that it will read as follows: (e) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city council and shall keep the city council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. The city council shall adopt the annual budget and capital program, as presented or as modified, by resolution and adopt the city millage rate by ordinance. Proposed Amendment #14: Amend Section 3.09(a) to delete reference to city attorney as legal advisor to mayor to reflect change to manager/council form of government. Section 3.09(a) is amended as follows: (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council, the mayef and all city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. So that it will read as follows: (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council and all city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. Proposed Amendment #15: Delete Section 3.09(c) to remove specific provision that council set compensation for city attorney. Section 3.09(c) is deleted: tion as ma) be determined -by the city eoune-il. Proposed Amendment #16: Amend Section 4.02(b) to adopt election filing fees set by law instead of by council resolution. Section 4.02(b) is amended as follows: (b) The oath set forth in subsection (a) shall be filed with the city clerk at least forty-five (45) days, but no more than sixty (60) days, prior to the day of the election, along with payment of a non-refundable filing fee as provided by law set by the reselefien ef the , So that it will read as follows: (b) The oath set forth in subsection (a) shall be filed with the city clerk at least forty-five (45) days, but no more than sixty (60) days, prior to the day of the election, along with payment of a non-refundable filing fee as provided by law. Proposed Amendment #17: Amend Section 4.08(a) to change make up of elections canvassing board to include city attorney. Section 4.08(a) is amended as follows: (a) If the city is not holding its election as a part of the election for Indian River County, Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city clerk, one (1) member shall be the citv attornev, and the remaining two (2) members shall be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing board. So that it will read as follows: (a) If the city is not holding its election as a part of the election for Indian River County, Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city clerk, one (1) member shall be the city attorney, and the remaining member shall be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing board. Proposed Amendment #18: Amend Section 4.12(b) to require a run-off to decide ties for council elections instead of drawing lots. Section 4.12(b) is amended as follows: In the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the question shall be decided by &Zecial run-off election between the tied candidates to be held no later than thirtv (30) days after the results of the initial election are declared by city council let,, the elee►+ten7 and the results Cher-ee f shall be eei ifiCliiCrQ-7riLI1V minutes of•�i+� n So that it will read as follows: In the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the question shall be decided by a special run-off election between the tied candidates to be held no later than thirty (30) days after the results of the initial election are declared by city council. Proposed Amendment #19: Amend Section 4.13 to make violation of state election code a basis for disqualification and providing procedures for such action. Section 4.13 is amended as follows: No candidate , eF ether- thing Anything 0 violate the provisions of the Florida Election Code. Florida Statues Chanter 104. as now constituted or as amended in the future. A violation of any of these provisions shall disqualify such candidate from holding office, if elected, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. Anv sitting member of council or candidate therefore may file a written charge with the city clerk. prior to opening of the meeting in which the election results are declared_. that specifies an alleged violation of this provision by a candidate having been elected. The citv council m.g5t vote whether said charge would. if proven. constitute a violation and whether a reasonable basis exists for believing the violation occurred. and upon an affirmative determination by the maiobU, a snecia.l meeting shall be scheduled within thirtv (30) days for a hearing on the charge in which the procedures of Section 2.09 apply. t 7pon a finding by a majority vote of thq whole council that a A violation of any of these provisions occurred. such a finding shall disqualify such candidate from holding office, if elected, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. So that it will read as follows: No candidate violate the provisions of the Florida Election Code, Florida Statues Chapter 104, as now constituted or as amended in the future. A violation of any of these provisions shall disqualify such candidate from holding office, if elected, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. Any sitting member of council or candidate therefore may file a written charge with the city clerk, prior to opening of the meeting in which the election results are declared, that specifies an alleged violation of this provision by a candidate having been elected. The city council must vote whether said charge would, if proven, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge in which the procedures of Section 2.09 apply. Upon a finding by a majority vote of the whole council that a violation of any of these provisions occurred, such a finding shall disqualify such candidate from holding office, and the person receiving the majority Proposed Amendment #20:, Amend Section 4.14 to provide that city manager, then city attorney, succeed city clerk as official responsible for appointing interim government, instead of mayor and police chief making such appointments. Section 4.14 is amended as follows: Should a condition arise where there should be no city council serving, either through death, resignation or otherwise, in the interim until a special election can be called to fill such vacancies, the city clerk shall have the power to fill the vacancies until successors are elected, and such city council so appointed shall call a special election as provided by this Charter. In the event of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within five (5) days after such condition arises, the ci manager mayer shall do so. In the event of the inability or refusal of the citx manager mayer to act within twenty-four (24) hours, the city attornev ewef e fpeliee shall do so. So that it will read as follows: Should a condition arise where there should be no city council serving, either through death, resignation or otherwise, in the interim until a special election can be called to fill such vacancies, the city clerk shall have the power to fill the vacancies until successors are elected, and such city council so appointed shall call a special election as provided by this Charter. In the event of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within five (5) days after such condition arises, the city manager shall do so. In the event of the inability or refusal of the city manager to act within twenty-four (24) hours, the city attorney shall do so. Proposed Amendment #21: Delete Sections 6.02 and 6.03 to remove obsolete provisions for transition to current charter. Section 6.02 is deleted: i liV VVLiG�.4l Vl1V, MV V..V, VVLLY�KV 4✓, v raa­. va ��awvvvvv��vvv, vv��Mr, including VV or any pr by thesillptl this C hatter but shall ass ..aav c;taVr/ , I�IRS�Tto and be binding en the Vag, of the state ear the fedare�� �+� sha s eeeee^� in all aspeCZ►Ty�[1 such efie s ■ it a ut the neeenc ivy of �Ei f_Ei y Section 6.02 is deleted: CITY OF SEBASTIAN CHARTER REVIEW COMMITTEE SUMMARY OF PROPOSED AMENDMENTS PRESENTED FOR PUBLIC HEARING 7/26/99 & 8/24/99 Proposed Amendment #1: Shall the City of Sebastian amend the City Charter to extend the limit on rms for airport leases from 20 to 30 years? Proposed Amendment #2: (9 _9� _0 Shall the City of Sebastian amend the City Charter to remove the special status given nonconforming uses annexed into the City? i Proposed Amendment #3: d ""2-0 Shall the City of Sebastian amend the City Charter change council terms from o to four years? Proposed Amendment #4: 0 "2,1 Shall the City of Sebastian amend the City Charter to extend dates that lection results are declared and new councilmembers take office to allow a 3-4 week transition period? Proposed Amendment #5: Shall the City of Sebastian amend the City Charter to increase salaries for the mayor by $50 a month, and the vice -mayor and other members of council by $50 and $150 respectively? Proposed Amendment #6: D -2-; Shall the City of Sebastian amend the City Charter to clarify that the mayor signs legislative documents and city manager signs contracts and other business documents? Proposed Amendment #7: Shall the City of Sebastian amend the City Charter to require that council vacancies of greater than six months be filled by special election rather than appointment? Proposed Amendment #8: O _.9 5- 2-!!�- Shall the City of Sebastian amend the City Charter to provide procedures to be folowing when removal of council members is under consideration? Proposed Amendment #9: O -9 7 - 24 Shall the City of Sebastian amend the City Charter to give all councilmembers equal authority to call special meetings of council? Proposed Amendment #10: O -C)5 IZ_-? Shall the City of Sebastian amend the City Charter to allow standing committees to be governed by ordinance as well as resolution? Proposed Amendment #11: G Shall the City of Sebastian amend the City Charter to provide for removal of charter officers without cause if such removal is provided in the terms of the oficer's employment contract? Proposed Amendment #12: C) ��� 'Z 7 Sh the City of Sebastian amend the City Charter to set standards to be c nsidered by council in a vote to charge a charter officer with cause for emoval? Proposed Amendment #13: O _T7-30 Shall the City of Sebastian amend the City Charter to designate that the City budget be adopted by resolution? Proposed Amendment #16: -q� "3 Sh 1 the City of Sebastian amend the City Charter to provide that election fi g fees shall be set by law instead of by council resolution? Proposed Amendment #17: v "5 7 " 3 2 Skull the City of Sebastian amend the City Charter to designate the city ttorney as a member of the elections canvassing board? ;� Proposed Amendment #18: 3 3 hall the City of Sebastian amend the City Charter to require a run-off to decide ties for council elections instead of drawing lots? Proposed Amendment #19: d �7 3 Shall the City of Sebastian amend the City Charter to make a violation of state election code a basis for disqualification and providing procedures for such action? Proposed Amendment #20: d'9 5' 3 Shall the City of Sebastian amend the City Charter to provide that remaining charter officers, rather than mayor and police chief, succeed city clerk as official responsible for appointing interim government when no functioning council exists? Proposed Amendment #21: d 5q 36 Shall the City of Sebastian amend the City Charter to delete obsolete provisions governing the transition to the existing charter from a previous charter? 4 %k Amendment Comments 1 None 2 None 3 Proposed 2.06(c) (electing Vice Mayor at first regular meeting following election) won't work if proposed amendment 4 is approved (2.04(b)) which provides for swearing in of new Council at 3rd regular meeting following election 4 Proposed change to 4.08 (c) would require that results would be provided and approved at 1st regular meeting following election - the first regular meeting usually takes place on the night after the election - doesn't give us time to prepare backup for that regular meeting agenda packet 5 None 6 None 7 None 8 None 9 None 10 None it None 12 None 13 FS 166 states you must adopt budget by ordinance unless your charter states different - so we are changing charter to provide for adoption of budget by resolution FS 200.065 states you may adopt millage by resolution OR ordinance - we are proposing to place language in the charter that states millage must be adopted by ordinance Why are we doing this - seems backward Why not just millage alone so then both can be adopted by resolution 14 None 15 Council does set compensation for City Attorney - why delete - because it is understood? 16 Qualifying fee is set out in Chapter 31 Code of Ordinances and FS sets out assessment fee 1`l6 17 None 18 Why are we doing this if FS allows decision by lot 19 add 'shall' - we are not the elections police - charges should be filed with state elections office not Clerks office 20 this is unclear - does this mean if there are vacancies in ALL seats or vacancies in a majority of seats so there is no quorum - this can be confused with 2.08 regarding filling a vacancy on council 21 None O'L .0.3 \wp-min\chwIer.com Terms if four year terms approved - year 2000 candidates would already have been elected to two year terms - in 2001 election will be for 3 years terms - thereafter elections will be held every two years and all terms will be four years 2 Members 2000 -► 2002 -► 2006 -► 2010 3 Members 2001 -► 2004 -► 2008 -► 2012 C IIA - I r.A.� ItT olT- --410"d _V100 rlo� &V To* ",,ad 4 .1wo7v T mv i Ao A4D /76f CMAzott— AO% GJ� nct- /�e .3 i�o � + /9 ap ,�, � `i0-r Nl� � c r ,off ��.� ec. �M � ✓aca.�� J06" �- PUBLIC HEARING NOTICE CITY OF SEBASTIAN ' INDIAN RIVER COUNTY, FLORIDA NA The City Council of the City of Sebastian, Indian River County, Florida, will hold a public hearing concerning the adoption of the Ordinances with the titles as shown below on Wednesday, November 3, 1999 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 'Main Street, Sebastian, Florida. At the conclusion of this public he&ing at at a subsequent meeting, the City Council may ..` enact these Ordinances into low. Ordinances 18 through 36 are proposed charter amendments and are being® 150 considered for placement on the March 14, 2000 election ballot. Interested parties may inspect the proposed kx"11Ordinances in the Office of the City Clerk at City Hall and may appear at the hearing and be heard with6: respect to the proposed Ordinances. er 'Ordinance No. 0-99-14 1- .. AN ORDINANCEiOF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE "lye ■' OF ORDINANCES CHAPTER 26 UPDATING TECHNICAL CODES;, PROVIDING FOR CONFLICTS, PROVID-- ING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE, DATE. NO Ordinance No. 0-99-15U. )lam AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, AMENDING CHAPTER No- 39, ARTICLE 2, ALARM SYSTEMS; PROVIDING FOR CONFLICTS, -PROVIDING FOR SEVERABILITY; PROVID- 'w±r~" ING-FOR AN EFFECTIVE DATE. Ordinance No. 0-99-17s ' I *N {i INANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE ,e - C)A'LxINANCES CHAPTER 2 INVESTMENT POLICY PROVISIONS; PROVIDING FOR CONFLICTS; PROP ESL' VONC FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. 1 Ordinance No. 0-99-18 "N;M 1V IF Af?! QMNANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, 4V So"ULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO .. AI VD ARTICLE I OF THE CITY CHARTER TO PROVIDE FOR EXTENSION 'OF THE LIMIT ON AIRPORT,4.' AWS FROM TWENTY (20) TO THIRTY (30) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH9 EION SHALL BE CONDUCTED; PROVIDINQ THE TIME AND PLACES FOR HOLDING SUCH ELEC-35 WFWAVE ESTABLIMING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN a aftel 01 Ordinance No. 0-99-.19 w *4 ORDINANCE OF THE CITY OF SEBASTIAN, INDIANmRIVER COUNTY, FLORIDA, SCHEDULING AN 81.ECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO'AMEND ARTICLE I OF TW CrfY CHARTERJO DELETE SECTION 1.05 TO REMOVE SPECIAL STATUS FOR NONCONFORMING ,USES'ANNEXED INTO THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE% UCTED;s PROVIDING THE TIME AND'PIACES FOR HOLDING SUCH ELECTIOWESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION;.AND PROVIDING FOR AN EFFECTIVE DATE. ►� Ordinance No. 0-99-20 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SCHEDULING AN 111i11CtION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLES II AND IV OF THE CITY CHARTER TO PROVIDE FOR CHANGING CITY COUNCIL TERMS FROM TWO (2) YEARS TO FOUR (4) YEARS; PROVIDING THE MANNER IN WHICH SUCH ELECTION SHALL' BE CON- OUCTED PROVIDING THE TIME AND PLACES FOR HOLDING SUeH ELECTION SHALL BE CONDUCTED !Np®MISIG THE TIME AND PLACES, FOR HOLDING SUCH ELECTION ESTABLISHING THE FORM OF q 'Vtl OT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. -6 Ordinance No. 0-99-22 �•- ,� -- �..� *N ORDINANCE OF THE CITY OFF SEBASTIAN; INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN 11111LINVION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE 11 OF 'ME WY CHARTER TO PROVIDE FOR AN INCREASE TO CITY COUNCIL SALARIES., PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR hibll©IIsIG SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROODING FOR AN EFFECTIVE DATE. M O d' N ' O 99 23 r mance o. .ANOMWANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN N TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLES II `- +'it c u ��' b.r,,4 yuriv" °.�,?�c °1Z%vll� ct?R �I,l�9�F�RTIf�*4 T41CT� "SCY�I°�£t�c41f,1 C�J�S! lla CONDUCTED PROVIDING THE TIME AND PLACES. FOR HOLDING SUCH ELECTION; ESTABLISHING THE. i FORM OF THE BALLOT FOR SUCH ,ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 0-99-34 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV V_ OF THE CITY CHARTER TO PROVIDE FOR VIOLATION OF STATE ELECTION CODE AS A BASIS FOR DISQUALIFICATION AND PROVIDING PROCEDURES FOR SUCH ACTION; PROVIDING FOR THE MAN- Ael IN WHICH SUCH ELECTION SHALL BE CONDUCTED, PROVIDING THE TIME AND PLACES 'FOR - HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION, AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 0-99-35 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN 21 ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE�ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE THAT THE CITY MANAGER AND THEN THE CITY ATTORNEY SHALL SUCCEED THE CITY CLERK IN APPOINTING INTERIM GOVERNMENT, RATHER THAN THE MAYOR AND POLICE CHIEF MAKING SUCH APPOINTMENTS; PROVIDING- FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES•FOR HOLDING SUCH ELEC- TION; ESTABLISHING THE FORM •OF THE BALLOT 'FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 0-99-36 AN ORDINANCE OF THE CITY OF SEBASTIAN,-INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A'REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO'AMEND ARTICLE VI w OF THE CITY 'CHARTER TO DELETE OBSOLETE PROVISIONS FOR TRANSITION TO CURRENT CHARTER; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING -THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FOR OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.' Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure,that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.) In compliance with the Americans'With Disabilities Act (ADA), anyone who" needs a special accommodation for this meeting should contact the City's ADA,Coordinator .at 589-5330 at least 48 hours in advance of the meeting. By; Kathryn M. O'Holloran,'CMC/AAE City Clerk October 20,1999 91 1779581 MEMORANDUM To: Mayor and City Council From: Rich Stringer, City Attorney Re: Charter Review Committee; public hearing Date: 7/14/99 Enclosed for your information is a package concerning the Charter amendments that the Charter Review Committee has voted to present for public hearings scheduled at 7 p.m. July 26th and August 24th.. The package contains the advertisement that will run to provide public notice of the hearings, the summary of the amendments, and the full text of the amendments in both legislative format and as they would read if approved by the voters. The latter will be available at the City Clerk's office and will be provided to the public upon request. There are no restrictions on you appearing at the public hearings and vooicing your opinion if you so desire. cc: Kathryn M. O'Halloran, City Clerk Terrence Moore, City Manager NOTICE OF PUBLIC HEARING AS YOU ORDERED The Charter Review Committee of the City of Sebastian, pursuant to the voter mandate at the last election, has reviewed the City Charter and will submit the following Charter amendments for Public Hearing: Proposed Amendment ft. Amending Section. 1.02(7) to extend the limit on terms for airport leases frotn 20 to 30 years. Proposed Amendment #2: Delete Section 1.05 to remove special status for nonconforming uses annexed into the City. Proposed Amendment #3: Amend Sections 2.03(a), 2.04(a), 2.06(c) and 4.12(a) to cliange council teens from two to four years. Proposed Amendment #4: Amend Sections 2.04(b) and 4.08(c) to extend dates tliat election results are declared and new councilmembers take office. Proposed Amendment #5: Amend Section 2.05 to increase salary for members of council. Proposed Amendment #6: Amend Sections 2.06(b) and 3.04(g) to clarify that mayor signs legislative documents and city manager signs contracts and other business documents. Proposed Amendment #7: Amend Section 2.08(c) to require special election to fill cowicil vacancies of greater than six montlis. ProposedAmendinei-if#8: Amend Section 2.09 to provide procedures for removal of council inenibers. Proposed Amendment #9: Amend Section 2.12(a) to change manner of calling special meetings of council so all councilmembers have equal standing. Proposed Amendment #10: Amend Section 2.16(a) allowing standing committees guidelines to be setup pursuant to ordinance as well as resolution. Proposed Amendment#11: Amend Section 3.03(a) to provide for removal of charter officers without cause if pursuant to contract. Proposed Amendment 012: ,Amend Section 3.03(b) to set standards for vote to charge charter officers with cause for removal. Proposed Amendment #13: Amend Section 3.04(e) to designate that the City budget be adopted by resolution. Proposed Amendment #14: Amend- Section 3.09(a) to delete reference to city attorney as legal advisor to mayor to reflect change to manager/council form of government. Proposed Amendment #15: Delete Section 3.09(c) to remove specific provision that council set compensation for city attorney. Proposed Amendment #16: Amend Section 4.02(b) to adopt election filing fees set by state law instead of by council resolution. Proposed Amendment #17: Amend Section 4.08(a) to change make up of elections canvassing board to include city attorney. Proposed Amendment #18: Amend Section 4.12(b) to require a ruts -off to decide ties for council elections instead of drawing lots. Proposed Amendment #19: Aaneud Section 4.13 to snake violation of state election code a basis for disqualification and providing procedures for such action. Proposed Amendment #20: Amend Section 4.14 to provide that city manager, then city attorney, succeed city clerk as official responsible for appointing interim government, instead of mayor and police chief making such appointments. Proposed Amendment*#21: Delete Sections 6.02 and 6.03 to remove obsolete provisions for transition to current charter. Complete copies of the text amendments are available for review at the office of the City Clerk. Hearings will be held in the Sebastian City Council chambers at 7 PM on the following nights: JULY 26,1999 AUGUST 2491999 THE PUBLIC IS INVITED AND PUBLIC INPUT IS WELCOMED. Nate McCollum, Chairman Sebastian Charter Review Committee REVIEW COMMITTEE -,, CHARTER 15.resident members Each City Council member appoints two members and then full Council appoints five at -large members This board will meet every seven years beginning in 1999. The committee is given 6 months to complete its task (see pages relative to Charter and Code language) APPOINTED BY MEMBER WALTER BARNES COUNCILMEMBER BARCZYK 402 AZINE TERRACE SEBASTIAN, FL 32958 589-8380 LOUISE CARTWRIGHT COUNCILMEMBER BISHOP 785 BAYHARBOR TERRACE SEBASTIAN, FL 32958 589-5907 THOMAS CONNELLY COUNCILMEMBER MAJCHER 149 KILDARE DRIVE SEBASTIAN, FL 32958 388-1846 NORMA DAMP AT -LARGE 309 BENEDICTINE TERRACE SEBASTIAN, FL 32958 `1 589-1810 ADRINA DAVIS AT -LARGE 668 BENEDICTINE TERRACE SEBASTIAN, FL 32958 589-2408 INEZ FIELDING MAYOR WININGER 1197 GARDENIA STREET SEBASTIAN, FL 32958 589-4480 , JOSEPH GENERAZIO AT -LARGE 1058 BARBER STREET SEBASTIAN, FL 589-4940 JAMES HILL COUNCILMEMBER BARCZYK 549 ALBATROSS TERRACE SEBASTIAN, FL 32958 388-2497 SANDRA MCCANN COUNCILMEMBER NEUBERGER 1637 INDIAN RIVER DRIVE SEBASTIAN, FL 32958 1'k 589-8002 - �. 78 a , wr�ruao..m.�m.w.• NATHAN MCCOLUM 1448 LACONIA STREET SEBASTIAN, FL 32958 589-8830 STEVEN MUNCHAK 1752 MAINSAIL STREET SEBASTIAN, FL 32958 589-7001 LARRY NAPIER 163 HARRIS DRIVE SEBASTIAN, FL 32958 SALVATORE NEGLIA 461 GEORGIA BOULEVARD SEBASTIAN, FL 32958 388-2070 LARRY PAUL 1701 SUNSET LANE SEBASTIAN, FL 32958 388-0937 HARRY THOMAS 654 BALBOA STREET SEBASTIAN, FL 32958 388-3196 'lw.r { MAYOR WINING* R AT -LARGE AT -LARGE COUNCILMEMBER MAJCHER COUNCILMEMBER BISHOP VICE MAYOR NEUBERGER City of Sebastian 1999 Charter Review Committee Mission Statement The Charter Review Committee reviews the Sebastian City Charter on behalf of all the citizens of Sebastian and provides its recommendations in a formal manner to the City Council in a written report not later than October 14, 1999. In conducting the review the Charter Review Committee will accomplish the following: Review the Charter for purposes of emending and amending, as necessary, to update and prepare the City of Sebastian to enter the next seven-year period. Review the Charter analyzing its content, relevance and capacity to represent its expressed intention taking into consideration the public's input and its needs, current economic conditions, current growth control needs and current environmental needs, all within the scope of the City's capabilities. Publish an account of the Committee's conclusions and recommendations consistent with the City's operational needs and long term planning. Y UnCE THE Cif I(ATTORNEY'�'4 ',, 1i MEMORANDUM To: Charter Review Committee, emeritus From: Rich Stringer, Sebastian City Attorney \ Re: Sunshine law Date: 11/17/99 If you will note the honorarium I have added to your committee title, you may guess the purpose of this memorandum. Under Section 2-232 of the City Code, the 1999 Charter Review Committee has been dissolved. As you go forth to the community as private citizens to discuss and advocate voter approval of your work, you will no longer be bound by the restrictions of the Sunshine Law (absent some other affiliation that would cause the law to apply, which I cannot foresee). So, if two or more of you wish to Charter matters, feel free to do so. May I also take this opportunity to tell each of you that I thoroughly enjoyed working with your committee. In a town with such a reputation for partisan politics (whether well - deserved or not, I cannot say!), it was refreshing to see the lion lie with the lamb -- metaphorically speaking! You did good work and the community should be proud. As a resident, as well as your City Attorney, I thank you. CC: r and council V'City Clerk City Manager COMMITTEE OFFICIALLY DISBANDED AT THEIR LAST MEETING HELD ON NOVEMBER 991999 IN ACCORDANCE WITH CODE OF ORDINANCES. FORMATION OF A NEW COMMITTEE WILL BE CONDUCTED IN APRIL, 2006. 78 City of 5ebasti an 1225 Main Street 0 Sebastian, Florida 32958 Telephone (561) 589-5330 0 Fax (561) 589-5570 E-Mail: cityseb@iu.net October 711999 Honorable Mayor and City Council Members City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mayor and City Council Members: Fp light of my appointment to City Council in accordance with Section 2.08 of the City Charter, I hereby resign from my position on the Charter Review Committee. Sincerely, Walter W. Barnes cc: Nate McCollum, Chairman Charter Review Committee CORRECTION NOTICE In the proposed charter amendment as published in the Press Journal in the Notice of Public Hearing for July 26th; 1999 and August 24, 1999, there were two amendments incorrectly printed. Below are the corrected proposed. amendments. Proposed Amendment # 13: Amend Section 3.04(e) to designate that the City budget be adopted by resolution. Proposed Amendment # 15: _r Delete Section 3.09(c) to remove specific , provision that council set compensation for city attornp.y,,, 216951kc NOTICE OF PUBLIC DARING �,6q AS YOU ORDERED The Charter Review Committee of the City -of Sebastian, pursuant to the voter mandate at the last election, has reviewed the City Charter and will submit the .following Charter amendments for Public Hearing: Proposed Amendment #1 Amending Section 1.02(7) to extend the limit on terms for airport leases from 20 to 30 years. Proposed Amendment #2: Delete Section 1.05 to remove special status for non conforming uses annexed into the City. Proposed Amendment #3: Amend Sections 2.03(a), 2.04(a), 2.06(c) and 4.12(a) to change council terms from two to four years. Proposed Amendment #4: Amend Sections 2,04(b) and 4.08(c) to extend dates that election results are declared and new councilmembers take office. Proposed Amendment #5: Amend Section 2.05 to increase salary for members of council. Proposed Amendment #6: Amend Sections 2.06(b) and 3.04(g) to clarify that mayor signs legislative documents and city manager signs contracts and other business documents. Proposed Amendment #7: Amend Section 2.08(c) to require special election to fill council vacancies of greater than six months. Proposed Amendment #8: Amend Section 2.09 to provide procedures for removal of council members. Proposed Amendment #9: Amend Section 2.12(a) to change manner of calling special meetings of council so all councilmembers have equal standing. Proposed Amendment # 10: Amend Section 2.16(a) allowing standing committees guidelines to be setup pursuant to ordinances as well as resolution.. Proposed Amendment # 11. Amend Section 3.03(a) to provide for removal of charter officers without cause if pursuant to contract. Proposed Amendment #12: Amend Section 3.03(b) to set standards for vote to charge charter officers with cause for removal. Proposed Amendment # 13: Delete Section 3.09(c) to designate that the City budget be adopted by resolution. Proposed Amendment # 14: Amend Section 3.09(a) to delete reference to city attorney as legal advisor to mayor to reflect change to manager/council form of government. Proposed Amendment # 15: Amend Section 3.03(c) to remove specific provision that council set compensation for city attorney. Proposed Amendment #16: Amend Section 4.02(b) to adopt election filing fees set by state law instead of by council resolution. Proposed Amendment #17: .Amend Section 4.08(a) to change make up of elections canvassing board to include city attorney. Proposed Amendment # 18: Amend Section 4.12(b) to require a run-off to decide ties for council elections instead of drawing lots. Proposed Amendment # 19: Amend Section 4.13 to make violation of state election code a basis for disqualification and providing procedures for such action. Proposed Amendment #20: Amend Section 4.14 to provide that city manager, then city attorney, succeed city clerk as official responsible for appointing interim government, instead of mayor and police chief making such appointment. Proposed Amendment #21: Delete Sections 6.02- and 6.03 to remove obsolete provisions for transition to current charter. Complete copies of the text amendments are available for review at the office of the City Clerk. Hearings will be held in the Sebastian City Council chambers at .7 pm on* the following nights: JULY 269 1999 AUGUST 24, 1999 THE PUBLIC IS INVITED AND PUBLIC INPUT IS WELCOMED. Nate McCollum, Chairman Sebastian Charter Review Committee il7��i►ifa� City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 MEMORANDUM TO: The Honorable Mayor of Sebastian The Honorable Vice Mayor of Sebastian The Honorable City Council Members Mr. Terrence Moore, City Manager FROM: Nathan McCollum, Chairman Sebastian Charter Review Committee DATE: November 121, 1999 SUBJECT: Charter Review Committee Update On behalf of all members of the Sebastian Charter Review Committee, I am informing you that the committee has concluded all assignments as required by the Charter. We conducted our final meeting; on November 95 1999, in which we discussed ways to educate the public on each of the proposed amendments. Although our committee has completed the Charter review process, all members will continue to campaign for passage of all amendments approved by Council. The following is a list of methods our committee members will use to educate our citizens about the Charter amendments: 1. All amendments will be listed on the city's web site. 2. Members will be speaking at numerous civic and community meetings. 3. Members will be speaking at all Council candidate meetings in February & March. 4. Handouts will be available at City Hall. 5. Advertisements through the local print media. Once again, allow me to express the appreciation of all the committee members for the opportunity to serve the City of Sebastian. It has been an exciting process for all the members as we strive to Y improve the functions of the City of Sebastian. Personally, it has been a great honor to be Chairman of a committee with so many dedicated people. It has been a rewarding experience and something I will never forget. I thank you again for the privilege of serving on this committee. Please, do not hesitate to contact any member of the committee if we can be of any further assistance to the City of Sebastian. I look forward to a successful vote in the March, 2000 election.