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HomeMy WebLinkAboutO-83-01 ORDINANCE NO. O- ~3--{ .AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SEC 2.11 OF THE CHARTER OF THE CITY OF SEBASTIAN; ESTABLISHING A CITY MANAGER AS TttE CHIEF AD- MINISTRATIVE OFFICER OF THE CITY; SETTING FORTtt POWERS AND DUTIES; PROVIDING FOR A REFERENDUM VOTE ON SAID AMENDMENT; STATING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, some o£ the electors of the City of Sebastian, Florida, have expressed a desire that the present form of government of the City be changed from a strong Mayor/ Council type to a City Manager/Council type; and WHEREAS, the Council desires to submit this question to the voters in order to determine whether a majority of the electors of said City are in favor of approving such a change, and in order to be bound by said change; and WHEREAS, the Council desires to comply with the requirekents of Section 166.051, Florida Statutes pertaining to amendments of a City's Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION I. That section 2.11 of the Charter of the City of Sebastian, Florida, is hereby amended as follows: (.1) Section 2.11 (a) as presently constituted is hereby repealed. (2) Section 2.11(b) is hereby transferred to Section 2.14 and shall be renumbered subparagraph (b) of said Section, and shall read as follows: Sec. 2:.14. investigationsi ·Prohibitions: (b) The city council shall have authority to suspend or remove any city officer for cause by an affirmative vote of at least three(3) members. Notice of suspen- sion and the reasons therefor shall be given in writing to the suspended officer by hand delivery or by mailing the same to his/her last known address. The suspended officer shall have the right to a hearing before the Council prior to the Council taking further action to suspend, remove or reinstate said officer provided a request for said hearing in writing is filed with the City Clerk within ten (10) days of receipt of the notice of suspension, Upon taking final action, the Council may continue said suspension to a time certain; remove said officer and declare his/her office vacant, or reinstate said officer. (~) That Section 2.11 is amended to read as follows: Sec. 2,11 City Manager; Powers and Duties: (a) The Council shall appoint a qualified person who Shall be the chief administrative officer of the City and shall have the title of City Manager, and who shall serve at the pleasure of the Council. (b) The City Manager shall direct and supervise the administration of all departments of the City except the offices of City Clerk and the City Attorney. The City Manager, when necessary shall appoint, suspend, demote or dismiss any City employee under his juris- diction in accordance with law, this Charter, ordinances and personnel rules, and may authorize any department head to exercise these powers with respect to subordi- nates in that department. The City Manager shall attend all Council meetings unless excused by the Council and shall have the right to take part in discussions, but not vote. The City Manager shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the Council subject to enforcement by him are faithfully executed, The City Manager shall -2- also prepare and submit the annual budget, budget message, and capital programs to the Council, and shall keep the Council fully advised as to the financial condition and future needs of the City, and shall make such recommendations to the Council concerning the affairs of the City as deemed desirable. The City Manager shall designate a qualified city employee to exercise the powers and perform the duties of the City Manager during any temporary absence or disability of the City Manager. The Council may revoke such designation at any time and appoint another eligible person, other than a currently sitting member of the Council, to serve as Acting City Manager. SECTION II, That section 2.05 of the Charter of the City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2.05 Compensation; Expenses. (a) Compensation. The Mayor, Vice-Mayor and Council members shall be compensated monthly as follows: (1) Mayor: Four Hundred ($400) Dollars; (2) Vice-Mayor: Two Hundred Fifty ($250) Dollars; (3) Council Members: One Hundred Fifty ($150) Dollars (b) Expenses. When it is deemed desirable by the entire City Council that the Mayor or any member of the Council attend any function on city business, their expenses will be allowed in accordance with Sec. 112.061, Florida Statutes. (.c) No additional compensation shall be received by the Vice-Mayor when the Vice-Mayor must act as Mayor, due to the absence or disability of the Mayor. -3- SECTION III. The ballot at the next general election held within the City, March 8, 1983, shall contain a referendum for the purpose of allowing the electors of the City of Sebastian to approve or reject this amendment to the Charter of the City of Sebastian, Floridal SECTION IVo if a majority of the electors voting in this referendum vote for the amendment to the Charter, the Council shall file said amendment with the Clerk of the Circuit Court and with the Department of State, and said amendment shall take effect on October 1, 1983, unless otherwise provided by law; otherwise, no part of this ordinance shall become law. SECTION V. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held unconstitutional or invalid for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the city Council of the City of Sebastian, Florida, on the 7~ day of ~ ,1983. Mayor, City~ °S Sebastian ATTEST: I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section -4- 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at ~.0'~ ~.~, on the~/~ day of ~~ , 1983, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the ?~ day of ~~ ,1983. City Clerk ~ -5-