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Home My WebLink AboutO-91-30ORDINANCE NO.: 0-91-30 AN 0RDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND PORTIONS OF THE CITY CHARTER; AMENDING SECTION 2.06 OF THE CITY CHARTER PERTAINING TO THE DUTIES OF THE MAYOR AND THE ELECTION OF A VICE MAYOR; PROVIDING THAT THE MAYOR MAY SIGN ALL CONTRACTS, BONDS, DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON BEHALF OF THE CITY; AMENDING SECTION 2.08(c) OF THE CITY CHARTER PERTAINING TO THE APPOINTMENT OF SUCCESSORS TO FILL VACANT CITY OFFICES; AUTHORIZING THE CITY COUNCIL TO APPOINT SUCCESSORS TO SERVE UNTIL THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION; AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING TO REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL; PROVIDING THAT THE CITY COUNCIL SHALL PRESCRIBE THE TIMES AND PLACES OF SUCH MEETINGS BY RESOLUTION; AMENDING SECTION 2.16 OF THE CITY CNARTER PERTAINING TO STANDING COMMITTEES; AUTHORIZING THE CITY COUNCIL TO APPOINT STANDING COMMITTEES; CREATING A NEW SECTION 3.04(g) OF THE CITY CHARTER PERTAINING TO THE POWERS AND DUTIES OF THE CITY MANAGER; AUTHORIZING THE CITY MANAGER TO SIGN ALL CONTRACTS, BONDS, DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON BEHALF OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE 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 City Charter in order to provide for a more efficient and concise exercise of the legislative and administrative functions 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 2.06 of the Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Sec. 2.06. Mayor; Vice Mayor. (a) The Mayor shall preside at all meetings of the City Council, and shall have a vote upon all matters coming before the City Council, but shall have no veto power. The Mayor shall have the power to preserve peace and order, and shall be recognized as the legislative head of the City government for all ceremonial purposes and by the Governor of the State of Florida for purposes of military law. The Mayor may sign all contracts, bonds, debentures, franchises and official documents on behalf of the City as directed and authorized by the City Council, which shall also be attested by the City Clerk. (b) At the first meeting following the general election, the City Council shall elect from among its members (other than the Mayor) a Vice Mayor who shall act as Mayor during the absence or disability of the Mayor. The senior member of the City Council shall act as Mayor during the absence or disability of both the Mayor and the Vice Mayor." Section 2. That the existing paragraph (c) of Section 2.08 of the Charter of the City of Sebastian, Florida, is hereby amended by deleting said paragraph in its entirety and adding the following provision in lieu thereof: 2 "(c) Filling Vacancies. In the event that the office of the Mayor or any council member becomes vacant before the expiration of the term of such office, the City Council shall, by a majority vote of the remaining members of the City Council, appoint a person having the qualifications of a council member to occupy such office; provided, however, that such person shall serve only until the next regular municipal election for the City. If the term of the vacant office being filled by the City Council does not expire at the next regularly scheduled municipal election for the City, the electorate of the City shall elect a successor to fill the vacant office until such time as the term of said office expires and a successor qualifies and is elected." Section 3. That the existing paragraph (a) of Section 2.12 of the Charter of the City of Sebastian, Florida, is hereby amended by deleting said paragraph in its entirety and adding the following provision in lieu thereof: "(a) ~. The City Council shall meet regularly at least once a month at such times and places as the City Council may prescribe by resolution. Special meetings of the City Council may be held on the call of the Mayor or Vice Mayor or of three or more council members. Whenever practicable, each council member shall receive at least twelve (12) hours advance notice of any special City Council meeting called. If at least three council members deem a special meeting to be an emergency meeting, the twelve (12) hour advance notice requirement shall be waived. All City Council meetings shall be public meetings, except as otherwise permitted by law." Section 4. That the existing Section 2.16 of the Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: 3 "Sec. 2.16. Standing Committees. (a) Standing committees may be appointed by the City Council. The membership, powers and duties of such committees shall be as provided by the resolution of the City Council. (b) Periodic reports to the City Council shall be made by the standing committees as to the accomplishments and future activities contemplated by each standing committee, as directed by the City Counci 1." Section 5. That the Charter of the City of Sebastian, Florida, is hereby amended by adding a new paragraph (g) to Section 3.04 which shall read as follows: "(g) The City Manager, as authorized by the City Charter, the Sebastian Code of Ordinances, or by the direction of the City Council, may sign all contracts, bonds, debentures, franchises and official documents on behalf of the City, which shall also be attested by the City Clerk." Section 6. An election is hereby called and scheduled to be held on March 10, 1992, 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. Section 7. 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: 4 PRECINCT POLLING PLACE Precinct 12 ........................ The Sebastian Community Center 1805 North Central Avenue Precinct 14 ........................ First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ........................ The North Indian River County Library 1001 Fellsmere Road (CR 512) Precinct 16 ........................ Calvary Baptist Church 123 Thunderbird Drive The polls shall open at such voting places on March 10, 1992, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 8. 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 Referendum Referendum No. 2: Amending City Charter regarding powers of Mayor and Manager; filling vacancies; calling meetings; establishing Committees. 5 Shall the City of Sebastian amend the City Charter to allow Mayor to si§n all official documents for the City; to establish procedures for filling vacancies on City Council; to require City Council meetings to be established by resolution; to require City Council meetings to be public, except as authorized by law; to authorize appointment of standing committees; to authorize City Manager to sign all official documents as authorized by City Council or law? Yes for Approval No for Rejection Section 9. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption on second reading by Councilman ~'~~ . The motion was seconded by Councilman [~/~[.~,/~ and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this ~' day of ~/ , 1992. -ATTEST: Kathr¥~ ~. O'Halloran, C~C/~E City Clerk 6 CITY OF SEBASTIAN, FLORIDA By: ~ /~~ ~,~.~__ W.' E. c0ny-~rs. /~o-r - 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 oner~blic hearing was held on this Ordinance at 7:00 p.m. on the ~ day of ~ , 1992, and that following said public hearing this' O'rdin~nce was passed by the City Council. ~ttyhr~lerM~ 0 Ha~iloran, CMC/AAE Approved as to Fo~m ajld~.Content: Charles Ian Nash City Attorney