HomeMy WebLinkAboutO-78-09ORDINANCE NO. ~'7~-~
AN ORDINANCE REPEALING THE EXISTING CHARTER OF THE CITY OF
SEBASTIAN, FLORIDA; ADOPTING A REVISED CHARTER OF THE CITY.
OF SEBASTIAN, ~FLORIDA; PROVIDING FdR A REFERENDUM ELECTION;
PROVIDING FOR ESTABLISHING A DATE FOR A REFERENDUM ELECTION
BY RESOLUTION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian was originally incorporated
under the general law as the.Town of Sebastian in the year 1924,
then reincorporated by the legislature in 1925; and
WHEREAS, the 1925 Charter'~ACt was amended at successive
sessions of the~legislature until 1933, When by Chapter 16683,
a new Charter.~was enacted; and
WHEREAS, since 1933, Chapter 16683, was amended, superseded
and added to by numerous legislative enactments; and
WHEREAS, a·"·Home RUle Charter Was adopted'by the ·electors
of the city pursuant to Ordinance Number 219 on June 8, 1971; and
WHEREAS, the Florida Legislature has since adopted general
laws making obsolete many provisions of the present Charter; and
WHEREAS, the city council has conducted a study of the
existing conditions resulting in a determination that of
necessity the City of Sebastian is in dire need of a Charter
embodying the Charter law required under our presently changed
state, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY oF SEBASTIAN:
Section 1. Existing Charter repealed.
The existing Charter of the City of Sebastian, Florida, is
hereby repealed, except as may otherwise be provided for herein.
Section 2. Adoptio~ of revised Charter.
The following is hereby adopted as the revised Charter
of the City of Sebastian, Florida, and shall take the place of
the existing Charter except as may otherwise be provided for
herein:
ARTICLE I. CREATION AND POWERS
Sec. 1.01. Creation and powers.
The City of Sebastian, Florida, as now established, shall
continue to be a municipal body politic and corporate in
perpetuity under the name "City of Sebastian" and, under that
name, shall have all governmental, corporate, and proprietary
powers to enable it to conduct municipal government, perform
municipal fUnctions and render municipal services, and may
exercise any power for municipal purposes except as otherwise
provided by law.
Sec. 1.02. Extraterritorial powers.
In addition to the powers enumerated herein, the city shall
be vested with all extraterritorial powers heretofore granted
by the prior Charter of the City of Sebastian, Florida, as
follows:
(1) Acquisition of property. To acquire by purchase,
gift", devise, condemnation,.~ lease or otherwise,
real or personal property or any estate therein, or
riparian rights or easements therein, within or
without the city, to be used for any municipal
purpose, including cemeteries or places for burial
of the dead; streets and highways, public parking
lots or spaces; bridge and tunnel sites; the
construction of a telephone system; plants, works
and wells and other equipment necessary for
supplying said city with water, ice, gas for
illuminating and heating purposes, and electric
power for illuminating, heating or power purposes;
the location of waterworks and sites for public
utility works; the establishment of poor houses,
houses of detention and correction; hospitals for
the cure or detention of the sick; jails; market
houses, public parks, playgrounds, airports, docks,
sea walls, yacht harbors, wharves, warehouses,
promenades; plants for cremating, neutralizing or
otherwise destroying sewerage, garbage and refuse;
for extension of sewer and drainage pipes and
watermains; and for any public or municipal purpose;
and to improve, sell, lease, pledge or otherwise
dispose of same or any part thereof for the benefit
of the qity, to the same extent that natural persons..
might do, in the manner provided in this Charter.
(2) Docks, wharves, sea walls. To establish, construct,
maintain, operate and control public landings, piers,
wharves and docks within and without the city, and
to acquire lands, riparian rights or other rights and
easements necessary for such purposes; to control and
regulate the operation of boats and the. speed thereof;
to lay and collect reasonable duties, charges or fees
on vessels or watercraft coming into or using such
landings, wharves, and docks; to regulate the manner
of using any and all wharves and docks within and
without the city and the rates of wharfage or charges
to be paid by vessels or other watercraft using the
s~me.
(3) Use of public lands and waters. To regulate and
control the use and occupancy of the waters,
waterways, water bottoms, wharves, causeways, bridges,
beaChes, streets, thoroughfares, alleys, parks, public
lots, and other public places in the city and
municipally owned or leased property within or
without the city limits; and to impose and enforce
adequate penalties for violation of such rules and
regulations.
(4) Public utilities. To furnish any and all local
public services, including electricity, gas, water,
lights, or transportation, and to charge and collect
necessary fees or charges therefor; to purchase,
hire, construct, own, extend, maintain, operate or
lease any public utilities, electric light system,
telephone and telegraph system, waterworks and plants,
ice plants, and works, gas plants and distribution
systems, bus or transit systems, radio broadcasting
stations, television stations, cablevision
rebroadcasting systems, telephone systems, or other
(6)
(7)
public utility; to establish, impose and enforce
rates and charges for supplying such .services or
.conveniences by the city to any person, persons, firm
or c°rpor.ation; to furnish any and all local public
services to persons, firm. s, industries, or municipal
corporations residing or located outside of the
limits of said city. To acquire in any lawful
manner in the State of Florida such water, lands and
lands under water as the..city council may deem
necessary for the purpose of providing ~an adequate
water supply for said city and the "piping and
conducting of the same, to make reasonable rules and
regulations for promoting the purity of its said~
water supply and protecting the same from pollution
and for this purpose to exercise full police powers
over all lands comprised within the limits of the
water shed tributary to any such supply wherever such
lands may be located in the State of Florida.
Abatement of nuisances. To compel the abatement
and removal of all nuisances within the city or upon
the property owned by the city beyond its corporate
limits, at the expense of the person or persons
causing the same, or of the owner or occupant of the
grounds~or premises whereon the same may be.
Dairies and stock. To provide for inspecting
and regulating the sanitary condition of all dairies,
butcher pens, slaughter houses, meat markets, or
other places within and without the city limits,
where the products of same are sold within the city
limits, and to provide penalties for the violation
of such regulations.
Airports. To purchase, acquire, take, hold,
establish, construct, equip, maintain and operate
municipal'airports, landing fields, hangars', avia'tion...~.
terminals and administration buildings, runways,
depots, warehouses, garages, repair shops, oil and
fuel tanks or stations, or other necessary
(8)
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 e~ploy airport
dir~dtors, 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 the said
airports for building sites, hangar space, concessions
or.other uses for a term not to exceed twenty (20)
years; to prescribe and promulgate reasonable rules
and regulations for the operation of such airports,
and to.-exercise supervision and oontrol of such
operation; to accept and receive grants from the state
and feder, al governments and any body politic for the
construction, maintenance, operation,and:management
of such airport facilities.
Contracts with other governmental agencies. To
enter .into contracts with the State of Florida or any
of its subdivisions or agencies, and with the United
States of America or any department or any agency
thereof, in order to purchase, lease or acquire
property, real and personal, within or without the
limits of the territorial boundaries of the city,
for any municipal purpose, and to sell, alienate,
convey, lease or otherwise dispose of same for the
benefit and advantage of said city.
(9) ~o convey to United States or State of Florida
To acquire real estate or any interest therein, locate~
within Or without the~territorial limits of said
city, by purchase, gift, devise, condemnation or
otherwise, for the purpose of giving, granting or
conveying the same to the United States of America
or the State of Florida, or any lawful agency or
subdivision thereof, whenever the city council, of
said city shall deem it advisable, beneficial and to
the best interest of said city so to do, or in order
to induce the construction of public institutions
and public works of any and all kinds.
(10) Golf course.. To acquire, construct, own, and
operate a golf course or golf courses and all such
buildings and improvements as said city may deem
necessary or desirable for use in connection therewith
within or outside of the limits of said city; to use
any lands now owned by said city for. the purpose of
a goi. f..course or golf courses, and to acquire by
purchase, lease, condemnation or otherwise for such
purposes any lands within or outside the limits of
said city as it may deem necessary or desirable, to
change reasonable admissions, rentals or .fees for the
use o~..enjoyment of such golf course or golf courses
by the users thereof, and prescribe reasonable rules
and, regulations for the use and operation thereof.
(il) Eminent' domain.
To exercise the right and
power of eminent domain, that is, the right to
appropriate property within or without the territorial
limits"of said city for the.following uses or
purposes: For streets, lanes, alleys, and ways, fOr
public parks, squares and grounds, for drainage and
for raising or filling in land in order tO promote
sanitation and healthfulness, for reclaiming and
filling when lands are low or wet or overflowed,
altogether or at times and entirely or partly, for
the abatement of any nuisance, for the use of water
pipes and for sewage and drainage purpoSes, for laying
wires and conduits under the ground, for city buildings
waterworks, pounds, electric power plants, bridges,
sea wall~, bulkheads, causeways, docks, golf courses,
airports, and any and all other powers granted to
said city by this Charter and for any other municipal
purpose and for any other purpose granted by law, all
of which shall be coextensive with the powers of the
City of Sebastian exercising the right of eminent
domain and the absolute fee simple title to all
property so taken and acquired shall vest in said
city unless the city seeks to condemn a particular
right or estate in such property. That the procedure
for the exercise of eminent domain or the condemnation
of any.lands or property under this subsection shall
be the same as is provided by the general laws of the
State of Florida with respect to eminent domain.
Sec. 1.03 Intergovernmental relations.
The city may exercise any of its powers or perform any
of its functions and may participate in the financing thereof,
jointly or in cooperation, by contract or otherwise with any city
county, state, the United States or any agency or governmental
unit thereof.
Sec. 1.04. Boundaries.
The corporate limits of the city shall be as presently
established or as hereafter changed pursuant to state law.
Sec. 1.05. Existing businesses ~a~ continue after annexation.
Any real property upon which a lawful business is being
conducted at the time the same is taken into the corporate
territory of the city, during the continuance of the same
business it shall be granted the same privileges, immunities
and exemptions as though any such business had been conducted
within the city for the time of operation prior to annexation
to the city at'such location.
Sec. 2.01.
ARTICLE II.
Composition.
CITY COUNCIL.
There shall be a city council consisting of four (4)
councilmen and the mayor elected by the qualified voters of the
city at large.
Sec. 2.02. Eligibility.
Only the qualified voters of the city shall be qualified
to hold the office of councilman and mayor.
Sec. 2.03. Election.
(a) The offices of one (1) member of the existing city
council and the mayor, whose terms expire in December, 1979,
shall be extended to March, 1980, and shall be filled at a general
election to be held~on the second Tuesday in March, 1980; the
offices of the three (3) members of the city council, whose terms
expire in December, 1980, shall be extended to March 1981, and
shall be filled at a general election to be held on the second
Tuesday in March, 1981. Thereafter, there shall be held a
general election of one (1) councilman and the mayor on the
second Tuesday in March of each even-numbered year and of three
(3) councilmen in each odd-numbered year~
(b) The city elections shall have at large voting;
provided that/the city council shall have the authority to submiti
by ordinance to the voters a referendum for the election of
council by districts to be designated by the council.
Sec. 2.04. Terms.
(a) The terms of the mayor and councilmen shall be for
two (2) years, except as provided in section 2.03, or until a
successor has been duly elected or appointed and sworn.
(b) The terms of 'the mayor and councilmen shall begin
at 7:00 P.m. the Monday following the election at a special
meeting to be held for the purpose of swearing in such newly
elected officials. If a regular council meeting is to be held
the Monday following the election, the newly elected officials
shall be sworn in at the conclusion of such regular meeting.
Sec. 2.05. Compensation; expenses.
The council may determine the salary of the mayor and
councilmen by ordinance. Renumeration of any expenses incurred
by the mayor or a member of council shall be subject to approval
by the council.
Sec. 2.06. Mayqr.
The mayor shall preside at meetings of the council, shall
have a vote upon matters before the council but no veto power,
and shall have the power to preserve peace and order, be
recognized as head of the city government for all ceremonial
purposes and by the governor for purposes of military law. The
mayor shall sign all contracts, bonds, debentures, franchises
and official documents on behalf of the city, which shall also
be attested by the city clerk. The first meeting following the
general election", the council shall elect from among its
members a vice-mayor who shall act as mayor during the absence
or disability of the mayor. If both the mayor and vice-mayor are
absent or disabled, the senior member of the council shall act
as mayor during their absence or disability.
Sec. 2.07. 'General pgwers and duties.
All powers of the city shall be vested in the council,
except as otherwise, provided by law or this Charter, and the
council shall p~Q~id~ for the exercise thereof and for the
performance of all duties and obligations imposed on the city
by law.
Sec. 2.08. Supervision over administrative officers;
compensation.
All departments, offices and agencies shall be
administered by an officer appointed by and subject to the
direction and supervision of the council. With the consent
of the council, one city officer may serve as the head of one (1)
or more such departments, offices or agencies.or, the council
may appoint one (1) person as the head of two (2) or more of
them.
The mayor or councilman shall not receive any other
compensation from any other position from the city during the
term of their office.
Sec.~ 2.09. Vacancies; forfeiture of office; fill~.ng....of
vacancies.
(a) Vacancies. The office of councilman or the mayor
shall become vacant upon his/her death, resignation, removal
from office in any m~.anner authorized by law or forfeiture of
his/her office.
(b) Forfeiture of office.
forfeit his/her office if he/she:
(1)
(2)
(3)
(4)
A councilman or the mayor shall
Lacks at any time during his/her term of office
any qUalification for the office prescribed by
this. Charter or by law;
j-
Violates any express prohibition of this Charter;
Is convicted of a crime involving moral turpitude; or
Fails to attend there (3) consecutive regular
meetings of the council without being excused by
the council..
Fill..i.ng vacancies. A vacancy in the office of mayor
(c)
or councilman shall be filled at a special election for the
remainder of the unexpired term; provided, if such vacancy
occurs not more than one hundred eighty (180) days. before the
date of the next regUlar election, the city council may appoint a
person having the qualifications of councilman to occupy such
office for the remainder of the unexpired term.
Sec. 2.10. Judge of qualifications.
The 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. A member charged with conduct constituting grounds
for forfeiture.of his/her office shall be entitled to a public
hearing on demand, and 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 council under this section shall be subject to review
by the courts.
Sec. 2.11. Supervision and removal or suspension of..~ity officers
(a) The mayor shall have general supervision over the
fire department~ the police department, the building official
and all other city officers and may examine into the condition
of the offices, books, records and papers thereof and the
manner of conducting-official business. He/she shall report to
the city council all violations or neglect of duty of any
official that may come to his/her knowledge. He/she shall.make
such recommendations about city business to the city council as
he/she deems adVisable.
(b) The city council shall have authority to remove any
city officer for cause.by a vote of at least three (3) members.
The mayor shall have authority to suspend any officer, except
councilmen, for misconduct in office, or neglect of duty,
reporting his/her action in writing, with reasons therefor, to
the next regular"meeting of the council or a special meeting calle~
for such purpose, for-its approval or disapproval. Notice of
such suspension and the reasons therefor shall be given in
writing to the 'SUspended officer by mailing the same to his/her
last known address, and the suspended officer shall have the
right to a hearing before the city council, if the city council
shall approve the action of the mayor, by a vote of at least
three (3) members, in suspending such officer, such officer
shall thereupon stand removed and his/her office vacated. If
the council shall not approve the action of the mayor by a vote'
of at ~least three (3) members in suspending such officer, the
officer 'shall resume his/her duties.
Sec. 2.12. City clerk.
The council .shall appoint an officer of the city who~shall
have the title of city clerk, who shall serve at the pleasure
of the council. The city clerk shall give notice of council
meetings to its members and the public, keep the journal of its
proceedings and perform such other duties as are assigned to
the clerk by this Charter or by the council. The city clerk may
also serve as city treasurer at the discretion of the city council
Sec. 2.13. City treasurer.
There shall bean officer of the city who shall have the
title of city treasurer. He/she shall be appointed and removed
by the city council. The city treasurer shall receive and account.
for all taxes, fees, or other funds due the city and shall be
custodian of such funds. All funds of the city shall be deposited
by the city treasurer in such banks or depositories as may be
directed from time to time by the city council and be withdrawn
and disbursed in such manner as may be provided by resolution of
the city council.
Sec. 2.14. Investigations
The council may make investigations into the affairs of
the city and the cOnduct of any city department, office or ~"
agency and for this· purpose may subpoena witnesses, administer
oaths, take testimony and require the production of evidence.
Any person who fails or refuses to obey a lawful order issued
in the exercise of these powers by the council shall be guilty
of a misdemeanor.
Sec. 2.15. Procedure.
(a) Meetings. The council shall meet regularly at
least once in every month at such times and places as the
council may prescribe by rule. Special meetings may be held
on the call of the mayor or the vice-mayor or of three (3) or
more members and, whenever practicable, upon no less than
twelv~ (12) hours' notice to each member. If deemed an
emergency by three (3) members of council, the twelve (12)
hour notice restriction may be waived. All meetings shall be
public; however, if permitted under state law, the council may
recess for the purpose of discussing in a closed or executive
session limited to its own membership any matter which would
tend to defame or prejudice the character-6r reputation of ~
any person, provided, that the general subject matter for
consideration is expressed in the motion calling for such session
and that final actiOn thereon shall not be taken by the council
until the matter is considered in open meeting.
(b) Rules and journal. The council shall determine its
own rules and order of buSiness and shall provide for keeping
a journal of its proceedings. This journal shall be a public
record.
(c) ~. Voting may be by voice vote, except that a
roll call vote shall be required on appropriation of funds or any
motion upon the call of any councilman. The ayes on each roll
call vote shall be recorded in the journal. Three (3) members
of the council shall constitute a quorum, but a smaller number
may adjourn from time to time and may compel the attendance
of absent members.in the manner and subject to the penalties
prescribed by the rules of the council. No action~of the council,i
except as otherw.ise provided in the preceding sentence and in
section 2.09 shall be valid or binding unless adopted by the
affirmative vote ~f three (3) or more members of the council.
Sec. 2.16. Emergency ordinances.
To meet a public emergency affecting life, health,
property or~ the pUblic peace, the council may adopt one (1)
or more emergency ordinances, but such ordinances may not levy
taxes, grant, renew or extend a franchise, regulate the rate
charged by any public utility for its services or authorize the
borrowing of money except' an emergency appropriation. An
emergency ordinance shall be introduced in the form and manner
prescribed for ordinances generally, except that it shall
be plainly designated as an emergency ordinance and shall contain,
after the enacting clause, a declaration stating that an
emergency exists and describing it in clear and specific terms.
An emergency ordinance may be adopted with or without
amendment or rejected at the m~eting at which it is introduced,
but the affirmative vote of at least four (4) members shall be
required for adoption. After its adoption the ordinance shall
be posted as prescribed for other adopted ordinances. It shall
become effective upon adoption or at such later 'time as it may
specify. Every emergency ordinance except an emergency
appropriation shall automatically stand repealed as of the
ninety-first (91st) day following the date on which it was
adopted, but this shall not prevent reenactment of the ordinance
in the manner specified in this section if the emergency still
exists. An emergency ordinance may also be repealed by
adoption of a repealing ordinance in the same manner specified
in this section for adoption of emergency ordinances.
Sec. 2.17. Codes of technical., regulations.
The council may adopt any standard code of technical
regulations by reference thereto in an adopting ordinance. The
procedure and requirements governing such an adopting ordinance
shall be as prescribed for ordinances generally, except that:
(1) The ~equirements of state law for distribution and
filing of copies of the ordinance shall be construed
to include copies of the code of technical
regulations as well as of the adopting ordinance;
and
(2) A copy of each adopted code of technical regulations
as well as of the adopting ordinance shall be
authenticated and recorded by the city clerk.
Sec. 2.18.. Authentication and re~rdin~; codification; printing.
(a) Aut~entilcation and recording. The city clerk shall
authenticate by such clerk's signature and record in full in a
properly indexed book kept for such purpose all ordinances
and resolutiOns adopted by the council.
(b) Codification. The council shall provide for the
preparation of a general codification of all city ordinances
and resolutions having the force and effect of law. The general
codification shall be adopted by the council by ordinance and
shall be published promptly in bound or loos~leaf form, together
with this Charter and any amendments thereto, and such codes of
technical regulations and other rules and regulations as the
council may specify. This codification shall be known and cited
officially as the Code of Ordinances of the City of Sebastian,
Florida. Copies of..the Code shall~be fur~ished to city ~.
officers, placed in libraries and public offices for free
public reference, and made available for purchase by the public
at a reasonable price fixed by the council. The 'Code of
Ordinances of the City of Sebastian, Florida, as amended as of
the effective date of this ordinance, is hereby validated,
confirmed and shall be admissible in evidence in the courts of the
state withoUt proof of any procedural notice or action relating
to their adoption.
(c) Printing of ordinances and resolutions. The council ·
shall cause each ordinance and resolution having the force and
effect of law and each amendment to this Charter to be printed
following its adoption, and the printed ordinances, resolutions
and charter amendments shall be distributed or sold to the public
at reasonable prices to be fixed by the council. Following
publication of the first Sebastian City Code and at all times
thereafter, the ordinances, resolutions and charter amendments
shall be printed in substantially the same style as the Code
currently in effect and shall be suitable in form for integration
therein.
Sec. 2.19.
Standing committees.
(a) Standing committees of the city council, including
a finance committee, may be appointed by the mayor. The
membership, powers and duties of such committees shall be
provided by resolution of the council.
(b) Periodic reports to the council shall be made
by the standing committees as to the accomplishments
and future activities contemplated by each committee, as
directed by the council.
ARTICLE III. ADMINISTRATIVE AND LEGAL DEPARTMENTS
DIVISION 1. GENERALLY
Sec. 3.01. Creation.
The council may establish city departments, offices or
agencies in addition to those created by this Charter and may
prescribe the functions of all departments, offices and agencies,
except that no function assigned by this Charter to a particular
department, office or agency may be discontinued or unless
this Charter specifically so provides, assigned to any other.
DIVISION 2. POLICE DEPARTMENT
Sec. 3.02. Creation; chief.
There shall be a police department which shall consist of
a chief of police and such deputy police officers as may be
determined by the city council. The chief of police shall be
the head of the police department, and shall direct the
activities of the poliCe department. The chief of police and
the police officers of the city. shall be appointed by the mayor
with the approval of' the city council. He/she shall receive
a salary to be fixed by the city council. The mayor may
appoint and discharge special policemen in times of riot or
public emergency and invoke the provisions of sections 870.043,
870.044, 870.045, 870.046, 870.047.and 870.048, Florida Statutes
Sec. 3.03. Chief of police--~Duties and authority.
It shall be the duty Of the chief of police.-to attend
meetings of the city council as directed by the city council;
to aid in the enforcement of order and to enforce the city's
ordinances; to execute all papers and processes of the city or
its authorities; to attend the county court sessions dealing
with municipal violations; to execute its commands and to aid
in the enforcement Of order therein and to perform such other
duties as may be lawfully required of him/her. Subject to the
authority and instruction of the city council and under the
supervision of the mayor, the chief of police shall have and
exercise control over the police department.
Sec. 3.04. Same---Deputies.
The chief of police and his/her deputies shall have the
power and authority to immediately arrest, with or without
warrant, and also to take into custody any person who shall
commit,, threaten or attempt to commit, in his/her presence or
within his/her view or who he/she has reasonable cause to
believe has committed, threatened or attempted to commit, any
offense prohibited by the ordinances and laws of the city or
the criminal statutes of the State of Florida, and shall without
unnecessary delay, bring the offenders before the court to be
'dealt ~with according to law. The chief of police and his/her
deputies shall have the power and authority to make arrests
anywhere within Indian River County for a violation of any city
ordinance or any criminal statute of the State of Florida which
occurred within the corporate limits of the city, if the
arresting officer is in fresh or hot pursuit of the alleged
violator from inside the corporate limits of the city.
DIVISION 3. LEGAL
Sec. 3.05. City att~n~e~y.
(a) There shall be~a city attorney of the city, appointed
by the city council at its first meeting in April of even
numbered years, who shall serve as chief legal advisor to the
council, the mayor and all city departments, offices and
agencies, shall respresent the city in all legal proceedings and
shall perform any other duties prescribed by this Charter or
by ordinance.
(b) The city council shall have authority to retain .~
additional counsel in specific actions or proceedings in its
discretion. Also, the council may provide by ordinance for the
additional office of and the appointment of an assistant city
attorney when the weight of the city attorney's duties increases
to such an extent that the council deems such action advisable
or necessary.
(c) The city attorney shall receive such compensation
as may be determined by the city council.
ARTICLE IV. ELECTIONS
Sec. 4.01. Adoption of state election laws.
All general laws of the State of Florida, relating to
elections and the registration of persons qualified to vote
therein which are not inconsistent or in conflict with the
provisions hereof or the ordinances of the City of Sebastian, shall
be appliCable to all city elections.
Sec. 4.02."Filing of'candidate's oath; fee.
(a) Each candidate in order to qualify for election to
the offices of mayor or councilman, shall take and subscribe to
an oath or affirmation'in writing. A printed copy of the oath
or affirmation shall be furnished to the candidate by the city
clerk and shall be substantially in the following form:
STATE OF FLORIDA
CITY OF SEBASTIAN
Before me, an officer authorized to administer oaths,
personally appeared (Rrint name as you wish it to appear
on the ballot), to me well known, who, being sworn, says
that he/she is a candidate for the office of
·
that he/she is a qualified elector of Sebastian, Florida; .
that he/she has taken the oath required by sections
876.05---876.10, Florida Statutes; that he/she has not'
violated any of the laws of the state relating to elections
or the registration of electors; that he/she has qualified
for no other public office in the state, the term of which
office or any part thereof runs concurrent with that of
the office he/she seeks; that he/she has resigned from any
office from which he/she is required to resign pursuant
to section 99.012· Florida Statutes; and that he/she h~s.
submitted a sworn statement of contributions and
expenditures, if any, incurred prior to the time of
qualifying and since the last preceding general election.
(Signature of candidate)
(Address)
Sworn to and subscribed before me this
day of
, 19 at Sebastian· Florida.
C'
(Signature and title of officer
adm~nis~rin? oath~ ......
(b) The oath set out 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 election along with the
payment o£ a nonrefundable filing fee to be set by ordinance of
the council.
Sec. 4.03. Special municipal elections to elect elective offieers
A special municipal election for the purpose of electing
any elective officer to fill a vacancy or vacancies in any such
office on account of death, removal, resignation or other
cause, shall be held in the same manner as a regular election.
The mayor shall call the special municipal election by
proclamation. Such. proclamation shall specify the length of
the unexpired term or terms to be filled, and the time Qf taking
office of .the elected officer, which officer or officers shall
hold office until their successors, elected in regular municipal
elections, shall take office.
Sec. 4.04. Special election for other purposes.
A special election for a purpose other than the nomination
or election of city officials, may be authorized by resolution
at any time by the city council; provided, not less than thirty
(30) days'nor more than sixty (60) days intervene, between the
date of the adoption of the resolution and the date of the
election, unless a different time be otherwise provided in this
Charter by ordinance or by statutory law or constitutional
provisions,' under authority of which the election is called.
Any matter or matters which by the terms of this Charter, which
may be submitted to the electors of the city at any special
election, may be submitted and voted upon at the regular
municipal election. ·
Sec. 4.05.- Calling an election ..~.~. resolution.
All elections shall be called by proclamation of the
mayor issued not less than thirty (30) days before such
election and shall be conducted except as otherwise
specifically provided, under the provisions of the general
election laws of the state, when not inconsistent with the
provisions of this Charter. Should the mayor fail or refuse
to call any election in due time, the city council shall do
so by resolution.
Sec. 4.06. Election precincts and ~911i. ng places; city to
de~.~nate.
The city council by resolution shall have the right to
establish election precincts and polling places and designate
the number, boundaries and location of same, for the holding
of any and all municipal elections. Such election precincts
and polling places so designated may be changed from time to
time by resolution of the city council. Absent such a designatio~
by the council, the Polling place shall be the Sebastian
Community Center.
Sec. 4.07. Elections---How arranged;inspectors and clerks.
The city council shall make all necessary arrangements
for holding all city elections and shall declare the result
thereof. The city council shall appoint not less than three (3)
inspectors and a clerk to each election board, except that, if the
council shall fail to appoint them at Least two (2) days befor~
the date of any election, the mayor may appoint them. The city
council shall adopt a resolution upon the calling of an election,
stating therein where the same 'shall be held, and naming the
different offices to be filled or questions to be decided, and
shall cause the notice of election to be published once each
week 'for two (2) consecutive weeks preceding the day of election
in a newspaper published in the county or to be posted in three
(3) public places in the. city, the first publication or posting
to be not less than ten (10) days prior to'ithe election.
Sec. 4.08. Same---CanvasS of returns; certificates of election.
The result of the voting at each polling place, when
ascertained shall be certified by return in duplicate signed
by the clerk and majority of the inspectors of election, one
copy being delivered by such clerk and inspectors to the mayor
and the other to the city clerk both of whom shall transmit such
returns to the city council. The city council shall canvass the
returns, and the result as shown by such returns shall be by the
city council declared to be the results of the election, and
entered in the minutes of the meeting.
Sec. 4.09. Same---Ballots.
The ballots shall conform as nearly as possible to the
form of ballots prescribed by the general election law of the
'! state; but the city shall not be required to print more than as
I many ballots as there are qualified voters, and shall not be
required to conform to .other conditions of state elections
where such conditions or regulations are inconsistent with or not
necessary to serve the interests of the city.
Sec. 4.10. .votin~ machines.
The city is hereby authorized to use voting machines in
the holding of all city elections, general or special.
Sec. 4.11. Absentee
Absentee voting shall be permitted in all municipal
'~ elections-in the sa~e manner as now or hereafter provided for in
connection with state and county elections.
Sec..4.12. Election procedure; voters.
(a) The names of candidates nominated for each office
as provided herein shall be placed on the election ballot for the
office of mayor or councilman as designated by each candidate
for the next municipal election held for such office, regular or
special, and blank lines shall be made thereon for write-in
names of any candidates' names, and all write-in names shall
be counted.
(b) In all general or special elections, ~he Candidates
receiving the highest vote in each of the offices of councilmen
to be filled, and the candidate receiving the highest vote for
mayor shall be elected for two (2) year terms, or the balance
of the term.
(c) In the event of a tie vote between candidates
receiving the highest vote in any election, the city council
shall, at the time of canvassing the vote, provide for a run-off
election at a date within fifteen (15) days, provided one (1)
of the candidates may withdraw in favor of the other.
Sec. 4.13. Conduct of candidates for elective office.
NO candidate shall promise any money, office, 'emplOyment,
or ether'thing of value to secure his/her election, or give
anything of Value to individual voters for the purpose of
securing their votes'. A violation of any of these provisions
shall disqualify such candidate from holding the office, if
elected, and the person receiving a majority of the votes cast,
observing the foregoing conditions, shall be entitled to the
office.
Sec. 4.14. interim ~overnment.
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 pow'er 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 even~ of the inability or refusal of the city
clerk to serve in such capacity or to fill such vacancies, within
five (5) days after such condition arises, the mayor shall do so.
In the event of the inability or refusal of the mayor to act
within twenty-four (24) hours, the chief of police shall do so.
ARTIVLE V. GENERAL PROVISIONS
Sec. 5.01. Severabi!ity q.f.. prov.isions.
If for any' reason any section, paragraph or part of this
Charter shall. be held invalid or unconstitutional, that fact
shall not affect, invalidate or destroy and other section,
paragraph, or part of this Charter, and the remaining portions
thereof shall remain in full force and effect 'without regard to
the section, paragraph or portion invalidated
Sec. 5.02. Effective date.
This Charter shall take effect January 1, 1979.
ARTICLE VI. TRANSITION
Sec. 6.01. Title to property reserved.
The title, rights and ownership of all real and personal
property._, taxes due and unpaid, uncollected permits, dues, fees,
ii judgments, choses in action, penalties, decrees and all
property rights held or owned by the City of Sebastian, shall
'
· succeed to and be vested in the City of Sebastian, a municipal
corporation created, existing and organized under the
provisions of this Charter.
Sec. 6.02. Obligations unimpaired.
The obligations, debts, contracts, certificates of
indebtedness, bonds, including obligations heretofore issued
or any proceeding heretofore begun for local improvements of the
city shall not be impaired, affected or avoided by the adoption
of this Charter, but shall pass to and be binding on the city
created hereby. Further, no actions in the courts of the state
or the federal government shall be affected by this Charter, and
the city hereby created shall succeed in all respects in all
.such actions without the necessity of any legal proceedings
by the city.
Sec. 6.03. Officers and employees.., holdover.
Subject to specific conditions contained herein or
authority to create by ordinance specific conditions, all officers
and employees heretofore elected and appointed shall continue to
hold their respective offices and discharge the respective
duties thereof under the city hereby created until their
successors are elected, appointed and qualified under the
provisions~ of this Charter or ordinances lawfully enacted.
Sec. 6.04. Ordinances pres. erved.
Ail ordinances in effect upon the adoption of. this
Charter, to the extent not inconsistent with it, shall remain
in force until repealed or changed as provided herein.
Sec. 6.05. 'Continuation of former Charter provisions.
Ail provisions of the former city Charter which are not
embraced herein and which are not inconsistent with this
Charter shall become ordinances of the city subject to
modification or repeal in the same manner as other ordinances
of the city.
Section 3. Referendum.
This ordinance shall be submitted to the electors of
the City of Sebastian, Florida, in referendum election to be
held on the llth day of December, 1978.
Section 4. Effective date.
This ordinance shall become effective January 1, 1979,
after approval by the electors of the City of Sebastian, Florida,
in a referendum election called for that purpose in accordance
with law.
Passed on First Reading on the ~/~
Public Hearing on the ~/c~-~---' day of
Passed and Adopted on Second and Final Reading on the
of ~ , 1978.
day of ~ , 1978.!
~ , 1978.
day
r Mayo~/
ATTEST:
City Clerk
(S E A L)
I Certify this is a true copy of the orginal ordinance revising the
Charter of the City of Sebastian as approved by the electors of the
City of Sebastian, Florida, in a referendum election on
December 11, 1978. This ordinance is effective 1 January 1979 as so
stated.
City Clerk