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HomeMy WebLinkAboutCity Clerk's MemorandumMEMORANDUM DATE: March 16, 2000 TO: City Council Members, City Manager, City Attorney, All Department Heads FROM: Kathryn M. O'Halloran4� b� City Clerk RE: City Charter Amendments Approved at 3114100 General Election Attached please find a list of charter amendment language as approved by the voters at the 3/14/2000 General Election. The charter ordinances were adopted on November 3, 1999 by City Council. Ordinance Nos. 0-99-18, 0-99-22, 0-99-23, 0-99-24, 0-99-25, 0-99-26, 0-99-27, 0-99-28, 0- 99-29, 0-99-30, 0-99-31, 0-99-32, 0-99-33, 0-99-34, 0-99-35 and 0-99-36 were approved. Ordinance Nos. 0-99-19, regarding non -conforming uses for annexed property, and 0-99-20, extending council terms to four years, failed on 3/14/2000. Ordinance No. 0-99-21 failed during Council deliberation. Please insert this language into your Charters until a revision is received from Municipal Code Corporation. Sam All Ordinances below adopted on November 3, 1999 and aooroved at 3/14/2000 general election ORDINANCE NO.O-99-18 Section 1. That upon passage of the Referendum submitted hereunder, the existing Section 1.02(7)of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 1.02(7) (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." ORDINANCE NO.O-99-22 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.05 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.05 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 dollars ($300)." ORDINANCE NO.O-99-23 Section 1. That upon passage of the Referendum submitted hereunder, existing Sections 2.06(b) and 3.04(g) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.06(b) (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) (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." ORDINANCE NO.O-99-24 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.08(c) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.08(c) (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." 2 ORDINANCE NO.O-99-25 " ._......_, . Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.09 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.09 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 proved, 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." ORDINANCE NO.O-99-26 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.12(a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.12(a) (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 member. 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." ORDINANCE NO.O-99-27 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.16(a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.16(a) (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." ORDINANCE NO.O-99-28 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 3.03(a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 3.03(a) (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." ORDINANCE NO.O-99-29 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 3.03(b) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 3.03(b) (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 proved, 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 4 that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office." ORDINANCE NO.O-99-30 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 3.04(e) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 3.04(e) (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, millage rate and capital program, as presented or as modified, by resolution." ORDINANCE NO.O-99-31 Section 1. That upon passage of the Referendum submitted herein, existing Section 4.02(b) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 4.02(b) (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." ORDINANCE NO.O-99-32 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.08(a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 4.08(a) (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." 5 ORDINANCE NO.O-99-33 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.12(b) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 4.12(b) (b) 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." ORDINANCE NO.O-99-34 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.13 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 4.13 No candidate shall violate the provisions of Florida Statutes 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 proved, 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 of the votes cast, observing the foregoing conditions, shall be entitled to the office." ORDINANCE NO.O-99-35 Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.14 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 4.14 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 6 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." ORDINANCE NO.O-99-36 Section 1. That upon passage of the Referendum submitted hereunder, existing Sections 6.02 and 6.03 of the City Charter of the City of Sebastian, Florida, shall be deleted in their entirety. "Seetiee-6.02 bonds, , - Seetiee-6.03 7 7 r f s ORDINANCE NO.O-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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, the existing Section 1.02(7)of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 1.02(7) (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." 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. N 9 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 die following form: BALLOT CM OF SEBASTIAN, FLORIDA Referendum Amending Section 1.02(7) concerning terms for airport leases. Shall the City of Sebastian amend the City Charter to lengthen the limit on terms for airport leases from 20 to 30 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 Mayor Chuck Neuberger Councilmember Joseph Barczyk Councilmember Walter Barnes Councilmember Ben Bishop Councilmember Edward Majcher 3 and upon, being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this,L�, day of Z2 1999. CITY OF SEBASTUN, FLORIDA By: (' f Chuck Neuberger, Mayor ATTEST: Kathryn V. 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 requ'red by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m on the 2 day of X) , 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTT: Kathryn O'hihoran, CMC/AAE City Clerk Approved as to form and legality for reli y the Ci Sebastian only: Rich Stringer City Attorney 4 m f . J ORDINANCE NO.O-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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.05 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.05 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 dollars ($300)." 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 die votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. 19 I I V 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 Amending Section 2.05 concerning council salaries. Shall the City of Sebastian amend the City Charter to increase the salaries for the mayor by $50 a month, and the vice -mayor and other members of council by $50 and $150 respectively? 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 a"X-e Mayor Chuck Neuberger Councilmember Joseph Barczyk Councilmember Ben Bishop Councilmember Edward Majcher Councilmember 644,� and upon, being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this Fx t day of 4014�� 1 1999. CITY OF SE TIAN, FLORIDA By. Chuck Neuberger, Mayor ATTEST: 42 � Kathryn . 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 JotuiW as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the U day of 1999, and that following said public hearing this Ordinance was passed by the City Council. A T: Kathryn . O'Halloran, CMC/AAE City Clerk Approved as to .form and legality for refin by te City of Sebastian only: Rich Stringer City Attorney ORDINANCE NO.O-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 III 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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Sections 2.06(b) and 3.04(g) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.06(b) (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." M "Section 3.04(g) (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." 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 Uod, 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 Amending Sections 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 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 Mayor Chuck Neuberger Councilmember Joseph Barczyk Councilmember Ben Bishop Councilmember Edward Majcher Councilmember and upon, being put to a vote, the vote was as follows: A The Mayor thereupon declared this Ordinance duly passed and adopted thisj,�.0 day of 1999. i TT ST: M. O'Halloran, CMC/AAE City Clerk (Seal) CITY OF SEBAS , FL RIDA By: 0 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 ,�. A day of 77 , 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTEST: Kathryn �0U14qaUoraVCe&AE City Clerk Approved as to form and legality for reli by the City of Sebastian only: Rich Stringer v City Attorney 4 10 ORDINANCE NO.O-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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.08(c) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.08(c) (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 or ir 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." 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: V x BALLOT CITY OF SEBASTIAN, FLORIDA Referendum 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 ft� The motion was seconded by Councilmember 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 this.3.--d-day of 1999. TT N: Kithryn MVO'Halloran, CMC/AAE City Clerk (Seal) CITY OF SEBASTIAN, FLORIDA B �.-. Chuck eeuberger, Mayor / 3 I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as reguired 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. A ST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance the Ci f Sebastian only: r� Rich Stringer u City Attorney 4 0- 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 ARTICLE II 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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification bit the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.09 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.09 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 proved, 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." 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: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum 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? 2 AW --. 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. 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 this day of 1999. ATTEST: Kathryn )(4. O'Halloran, CMC/AAE City Clerk (Seal) CITY OF SEBASTIAN, FLORIDA By: Chuck euberger, Mayor 7 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 OA-4 day of , 1999, and that following said public hearing this Ordinance was passed by the City Council. ATT ST: Kathryn NV O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reli j ity f Sebastian only: r Rich Stri ger City Attorney w R ORDINANCE NO.O-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 II OF THE CITY CHARTER TO PROVIDE FOR A CHANGE IN THE MANNER OF CALLING SPECIAL MEETINGS OF COUNCIL SO ALL COUNCILMEMBERS 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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.12(a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.12(a) (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 member. 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." IL to BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Amending Section 2.12(a) concerning special meetings. Shall the City of Sebastian amend the City Charter to give all councilmembers equal authority to call special meetings of council? Yes for Approval No for Rejection Section S. 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 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: T v The Mayor thereupon declared this Ordinance duly passed and adopted this 2A,1, day of 1999. CITY OF SEBASTIAN, FLORIDA By: Chuck euberger, 2Mayor7L) ZTT: Kathryn WO'Halloran, CMC/AAE City Clerk (Seal) 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: liathr�m M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance the City of Sebastian only: Rich Stringer City Attorney 4 W, ORDINANCE NO.O-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 CHA& i r.it-� 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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.16(a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.16(a) (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." 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 S 12) 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 CM OF SEBASTIAN, FLORIDA Referendum Amending Section 2.16(a) concerning standing committees. Shall the City of Sebastian amend the City Charter to allow standing committees to be governed by ordinance as well as resolution? Yes for Approval No for Rejection 2 sow v Section 5. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember was seconded by Councilmember &-O�� Mayor Chuck Neuberger Councilmember Joseph Barczyk Councilmember Walter Barnes Councilmember Ben Bishop Councilmember Edward Majcher A4��4 . The motion and upon, being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this, day of , 1999. CITY OF SEBASTIAN, FLORIDA By:.�-� Chuck euberger, Mayor ATTE T: /6 d� aduyn 4. 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. ATT T: Kathryn O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer U City Attorney 1k ORDINANCE NO.OA9-28 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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 3.03(a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 3.03(a) (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." 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. d ' "r 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 ;e , r ►i,i,;�+ s. f, :II" 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 Section 3.03(a) concerning removal of charter officers without cause. Shall the City of Sebastian amend the 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 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 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 this day of 1999. CITY OF SEBASTIAN, FLORIDA By: Chuck euberger, Mayor ATTE T: ahryn 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 by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the t-?A *P, day of 19991 and that following said public hearing this Ordinance was passed by the City Council. ATTEST: Kathryn . O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reli th City f Sebastian only: Rich Stringer V City Attorney ORDINANCE NO.O-"-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 III 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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 3.03(b) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 3.03(b) (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,,�ity council at a regularly scheduled meeting for discussion. The city council may, by a vote Qleast. three (3) council members that said charge would, if proved, constitute a violation and that a reasonable basis exists for believing the violation occurred, formally char a the named Charter officer with misconduct and immediately suspend such Charter offs 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." 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: N ,r BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Amending Section 3.03(b) concerning removal of charter officers for cause. Shall the City of Sebastian amend the City Charter to set standards to be considered by council in a vote to charge a charter officer with cause for removal? 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 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 NS,14day of 11999. ATTE T: thryn 'Halloran, CMC/AAE City Clerk (Seal) CITY OF SEBASTIAN, FLORIDA By: P'� 1.1�4- �-) 4Chuck 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 JXX day of , 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTES A'athryn . 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 J w ORDINANCE NO.O-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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 3.04(e) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 3.04(e) (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, millage rate and capital program, as presented or as modified, by resolution." 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. a 11-16, Jr 1k 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 Amending Section 3.04(e) concerning the City budget. Shall the City of Sebastian amend the City Charter to designate that the budget and millage rate be adopted by resolution? 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 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 this ?A,,k day of ULA,,.Ba✓ , 1999. CITY OF SEBA N, ORIDA By: (7A mac. Chuck Neuberger, Mayor ATT ST: Ka k 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 3Aj day of 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTEST: Kathryn W O'Halloran, CMC/AAE City Clerk Approved as to form and legality for relian 7the City of Sebastian only: ,1 i Rich Stringer J City Attorney 3 1, is 1 ORDINANCE NO.O-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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted herein, existing Section 4.02(b) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 4.02(b) (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." 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: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Amending Section 4.02(b) concerning election filing fees. Shall the City of Sebastian amend the City Charter to provide that election filing fees shall be set by law instead of by council resolution? 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 00,q,..j..,.� . The motion was seconded by Councdmember 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 thisj&k, day of 1999. CITY OF SEB N FLORIDA By: Chuck Neuberger, Mayor �Els 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 W 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTE T: Kathryn W. O'Hallora.-4 CMC/AAE City Clerk Approved as to form and legality for reliar� khe City bastian only: Rich Stringer City Attorney 3 ORDINANCE NO.O-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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.08(a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 4.08(a) (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." 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 Mowing form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Amending Section 4.08(a) concerning elections canvassing board. Shall the City of Sebastian amend the City Charter to designate the city attorney as a member of the canvassing board? Yes for Approval No for Rejection 2 I A. Section 5. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember -IRQ� . The motion was seconded by Councilmember 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 dus,3A.,L day of 1999. CITY ONFLOR By; ('Tra,":A Chuck Neuberger, Mayor / IN ATTEST: Kathryn 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 , A.d day of , 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTE Czl� Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for relian by the City of Sebastian only: 1 Rich Stringer City Attorney ORDINANCE NO.O-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 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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter, and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.12(b) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 4.12(b) (b) 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." 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 io im, Oecmi s 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 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 drawing lots? 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 CouncilmemberThe 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 A.-- Councilmember Ben Bishop ( �v Councilmember Edward Majcher _ The Mayor thereupon declared this Ordinance duly passed and adopted this, fL day of , 1999. CITY OF SE B IA , FLORIDA By: Chuck Neuberger, Mayor A T: 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 �.L day of 7; , 1999 and that following said public hearing this Ordinance was passed b the �— Y � g P g P Y City Council. ATTEST: ia�eM. 0 al oran, CMC/AAE City Clerk Approved as to form and legality for reliance b the City f Sebastian only: Rich Stringer City Attorney 3 ORDINANCE NO.O-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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.13 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 4.13 No candidate shall 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 proved, 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 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................................................................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 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 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: G'44i The Mayor thereupon declared this Ordinance duly passed and adopted this day of 101999. ATTEST: athryn NY O'Halloran, CMC/AAE City Clerk (Seal) CITY OF SEBASTIAN, FLORIDA By: 0 w 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 iJ 1999, and that following said public hearing this Ordinance was passed by the City Council. AT : C�Ka'� m r, W.&" KZyn MVO'HaL'oron, CMGAAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: . /Z(U Rich Stringer City Attorney 4 ORDINANCE NO.O-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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.14 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 4.14 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 refiisal 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." t 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 Amending Section 4.14 concerning interim government. 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 the official responsible for appointing interim government when no functioning council exists? 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 thisJA4 day of '22 1999. AT ST: �n nwaz&. athryn ly. O'Halloran, CMC/AAE City Clerk (Seal) CITY OF SEBASTIAN, FLORIDA BY: 'A -WW Chuck euberger, 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 ,;&,I _ day of , 1999, and that following said public hearing this Ordinance was passed by the City Council. ' ATT ST: KaduynM. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: LC� � Rich Stringer City Attorney .19 ORDINANCE NO.O-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. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of the Referendum submitted hereunder, existing Sections 6.02 and 6.03 of the City Charter of the City of Sebastian, Florida, shall be deleted in their entirety. - r - .•' "Seefien J 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 Deleting Sections 6.02 and 6.03 concerning transition to current charter. Shall the City of Sebastian amend the City Charter to delete obsolete provisions governing the transition to the existing charter from a previous charter? 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 e&&4-0" . The motion was seconded by Councilmember 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 this day of 1999. IATZTES . O'Halloran, CMC/AAE City Clerk (Seal) CITY OF SEBA N, F ORIDA 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 y%rva.lw , 1999, and that following said public hearing this Ordinance was passed by the City Council. 1 ATTEST: Kathryn M 'Halloran, M /AA City Clerk Approved as to form and legality for relian by the City of Sebastian only: r Rich Stringer City Attorney 4