HomeMy WebLinkAboutO-88-44ORDINANCE NO. 0-88-44
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ET~CTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE AND TO AMEND THE
CiTY CHARTER; AMENDING SECTION 4.12 OF THE CITY CHARTER
PERTAINING TO THE ELECTION OF THE MAYOR; PROVIDING THAT
THE CANDIDATE FOR MAYOR WHO RECEIVES THE HIGHEST VOTE
SHALL BE THE WINNER; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING TIiE TIME
AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE
FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE
CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH
A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF
SUCH ELECTION; 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 part
of its charter; and
WHEREAS, the city council of the city of Sebastian, Indian
River County, Florida, has determined that certain revisions
should be made to the charter in order to provide for a more
efficient manner of electing the mayor of the city; and
WHEREAS, the city council desires to submit the amendments
to the 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 the existing Section 4.12 of the charter of
the city of Sebastian, Florida, is hereby amended as follows:
"Sec. 4.12. Election procedures; ~me~-~l~t-i~n~--,tie
vote.
(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, the candidates
receiving the highest vote in each of the offices of mayor or
e~~m~m councilmen to be filled, shall be elected for two-
year terms, or the balance of the term.
~-maye~-~-~i-t-h~-~-~egu~a~-~-~thn~rf~-~l~t-i~rn,--a~-~e~e~e~
~e~--~~-~e~e-~-m~e-~-~-~y-~{~es-~-~e
~f~e-~-~-~-e~e--f~f--e~-~-~~~-~eee~es--a
~e~ ~ In event that at any election there are only two
(2) candidates for the same e~e~ office and they should
receive the same number of votes, the question shall be decided
by lot, conducted by the city council at the meeting of the city
held for the purpose of canvassing the returns of the election,
and the results thereof shall be certified in the minutes of such
meeting by the city clerk.
SECTION 2. An election is hereby called and scheduled to be
held on March 14, 1989, to determine whether the revisions to the
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 shall participate.
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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 follows:
PRECINCT
POLLING PLACE
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Community Center
1805 North Central Avenue
Sebastian Lakes Clubhouse
1101 Fellsmere Road
Calvary Baptist Church
123 Thunderbird Drive
The polls shall open at such voting places on March 14, 1989
from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors residing
within the City of Sebastian shall be entitled to participate in
and vote at 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 in substantially the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 2: Adopting a revision to the City Charter
Shall the city of Sebastian adopt a revision to current
Section 4.14 to provide, among other things, for the
deletion of the requirement of run-off elections where
no candidate for mayor or councilman has received a
majority of the votes cast for such office; to provide
that in all general or special elections, the candidate
receiving the highest vote in each of the offices of
mayor or councilman to be filled, shall be elected?
Yes
No
The city clerk is hereby directed to instruct
State of Florida.
SECTION 7.
This ordinance shall take effect immediately
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SECTION 5.
the supervisor of elections of Indian River County to include the
above described referendum on th'e ballot for the election to be
held on March 14, 1989.
SECTION 6. Notice of such election shall be published in a
newspaper of general circulation according to the laws of the
upon its passage.
CITY~BASTIAN, FLORIDA
~~T: - Richard B. Votapka, Mayor
K~-~hryn~ ~.~ O ~Hallo~an,' CMC/AAE
city 'Clerk
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 ~ublic heating was held on
this ordinance at 7:00 p.m. on the //~ day of~ , 198~,
and that following said public hearing this Ordinance~was passed
by the City Council.
Kathry~M. O'Halloran, CMC/AAE
city Clerk
Approve3~-~as to Form and Content:
Charles Ian Nash, city Attorney
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