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HomeMy WebLinkAboutO-24-05 Referendum Council Terms - Failed at ReferendumORDINANCE NO.O-24-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 4.12 OF THE CITY CHARTER TO CHANGE THE TERM OF CITY COUNCIL MEMBERS FROM TWO YEARS TO FOUR YEARS WITH STAGGERED ELECTIONS FROM 2024 TO 2026; 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 first reading and public hearing on March 20, 2024 during which the City Council determined that it is the public interest to change the term of City Council members from two year terms to four year terms in order to better serve the citizenry of the City and to provide for staggered terms such that the terms shall align with future general election cycles; and WHEREAS, the City Council of the City of Sebastian has held a second reading and public hearing for adoption on April 10, 2024 during which the City Council determined that it is the public interest to change the term of City Council members from two year terms to four year terms 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 4.12 of the City Charter of the City of Sebastian, Florida, shall be amended as follows: "Sec. 4.12. - Election Procedures; tie vote. (a) in all general or speeial eleetiens, the eandidates reeeiving the highest vate in each of the affie&q a.F,.a.. neil «. ., ber to be filled shallieFrns,a. lbe elected G.- twe . - the hl.,..a.e .. tPFM , Commencine in 2025. in all general or special elections. the candidates receivine the hiehest vote in each of the offices of council member to be filled. shall be elected for one three-vear term. or the balance of the term. (b) Commencine in 2026. in all eeneral or snecial elections, the candidates receivine the hiehest vote in each of the offices of council member to be filled, shall be elected for four-year terms. or the balance of the term.." Section 2. 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 #1 Amending the City of Sebastian Charter to Increase Councilmember Terms to Four Years Shall Charter Sec. 4.12 of the City of Sebastian be amended to provide that the Council Members are elected for three-year terms in 2025 and commencing with the year 2026 thereafter for four- year terms? 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 Nunn . The motion was seconded by Councilmember McPartlan and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Kelly Dixon aye Councilmember Fred Jones aye Councilmember Christopher Nunn aye Councilmember Bob McPartlan aye K The Mayor thereupon declared this Ordinance duly passed and adopted this 11 Oth day of April 2024. ATTEST: e ette Williams, City Clerk CITY OF SEBASTIAN, FLORH! c 'We 2w— Mayor Ed Dodd Approved as to form and legality for reliance by the City of Sebastian only: Je fer 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 April 10, 2024 and that following said public hearing this Ordinance was passed by City Council for placement on the November 5, 2024 ballot. nette Williams ity Clerk 3 i� k SEBASTIAN (ENrBA TIRI N IRA -IRA CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: April 10, 2024 AGENDA ITEM TITLE: Second and Final Reading, Public Hearing for adoption of Proposed Charter Amendment Ordinance 0-24-05 relating to Terms of City Council Members. RECOMMENDATION: Conduct a public hearing and second reading for adoption, and at Council's discretion, pass or amend Ordinance 0-24-05 relating to terms of City Council Members. BACKGROUND: This proposed Ordinance is submitted for City Council's consideration at second and final reading and public hearing. Ordinance 0-24-05 proposes changes to the terms of City Council members from two years to four years. The terms will be staggered in order to align with the four year general election cycle. Elections in 2024 will be for two year terms. Elections in 2025 will be for three year terms. Elections thereafter will be for four year terms. If approved, the proposed language will be sent for consideration by the electorate at the next general election to be held in November of 2024. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Budgeted Amount: $4,000 City Clerk Legal Ads Total Cost: Advertising costs $331; translation fee minimum fee, $75 or 0.18 cents per word. Funds to Be Utilized for Appropriation: General Fund ATTACHMENTS: Proposed Ordinance No 0-24-05 Administrative Services Depart geentt Review; _ City Attorney Review; Z71 ('I Procurement Division Review, if applicable: NJA City Mana er Authorization: Date: V/Ze�y