HomeMy WebLinkAboutO-24-06 Majority Vote to Approve Items - FailedFailed on first reading 3/20/2024
ORDINANCE NO.O-24-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN
ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN
ORDER TO AMEND SECTION 2.12 OF THE CITY CHARTER TO PROVIDE
FOR A MAJORITY VOTE BY THE CITY COUNCIL TO PASS AGENDA
ITEMS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT
FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of the Florida Statutes provides that the governing body of a
municipality may submit to the electors of that municipality a proposed amendment to all or parts of its
City Charter; and
WHEREAS, the City Council of the City of Sebastian has held a public hearing on March 20,
2024 during which the City Council determined that it is the public interest to change the procedure for
City Council member voting on agenda items such that a majority vote be required rather than three
members of the City Council in order to better serve the citizenry of the City; and
WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for
ratification by the electors of the City of Sebastian, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, that:
Section 1. That upon passage of the Referendum submitted hereunder, existing Section 2.12 of
the City Charter of the City of Sebastian, Florida, shall be amended to read as follows:
"Sec. 2.12. — Procedure.
(c) Voting. ... No action of the city council, except as otherwise provided in this
Charter, shall be valid or binding unless adopted by the majority vote of council
members."
Section 2. ELECTION. An election is hereby called and scheduled for November 5, 2024,
to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved
by the majority of the votes cast in such election, in which the qualified electors residing in the City of
Sebastian shall participate.
Section 3. POLLING PLACES. 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.
Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to
the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Charter Referendum #2
Amending Section 2.12 to amend City Council member voting on agenda items to a majority vote.
Shall the City of Sebastian amend the City Charter to provide that all action by the city council
shall be passed by a majority vote?
Yes for Approval
No for Rejection
Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon
its adoption effect immediately upon its adoption by the City Council.
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 Ed Dodd
Vice Mayor Kelly Dixon _
Councilmember Fred Jones
Councilmember Christopher Nunn
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
2024.
CITY OF SEBASTIAN, FLORIDA
M.
Mayor Ed Dodd
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ATTEST:
Jeanette Williams, City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Jennifer Cockcroft, City Attorney
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the TC
Palm Press Journal as required by Florida Statutes, that one public hearing on the Ordinance was held on
the 20th day of March, 2024, and that following said public hearing this Ordinance was passed by City
Council for placement on the November 5, 2024 ballot.
Jeanette Williams
City Clerk
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