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Home My WebLink AboutO-91-31SHALL ELECTI THROUGH CITY ELECTION APPOINT A EVENT THE COUNTY, PROVIDING PR CANVASSING BOARD BOARD; PROVIDING FO] COUNCIL FOR THE PU! THE CITY CANVASS RESULTS AND ADMI} ORDINANCE NO: 0-91-31 / AN ORDINANCE 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 CHARTERf AMENDING SECTION 4.06 OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS AND POLL~NG PLACES; PROVIDING THAT ELECTION PRECINCTS/AND POLLING PLACES SHALL BE ESTABLISHED BT THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER ~OUNTY, FLORIDA; AUTHORIZING THE CITY COUNCIL TO E/TABLISH ELE. CTION PRECINCTS AND POLLING PLACES IN,HE EVENT : SUPERVISOR OF ELECTIONS FOR IN~AN RIVER JNTY FAILS TO PERFORM SUCH DUTIE~ AMENDING iON 4.07 OF THE CITY CHARTER PERTAINING TO THE [ON OF NECESSARY ARRANGEMENTS F~R HOLDING ALL CITY ; PROVIDING THAT T~E CITY COUNCIL ALL THE NECESSARY ARRA~N~EMENTS FOR CITY IN CONJUNCTION WiT~z THE CITY CLERK ; AMENDING ~CTION 4.08 OF THE PERTAINING TO/THE CANVASSING OF ;RNS; AUTHORIZI~ THE CITY CLERK TO ELECTION CANVASSING BOARD IN THE ISOR OF FOR INDIAN RIVER FAILS APPOINT SUCH A BOARD; R CONVENING THE CITY RESULTS OF THE SPECIAL MEETING OF THE CITY OF RECEIVING RESULTS OF ARD, DECLARING ELECTION OATHS OF OFFICE TO NEWLY ELECTED CITY OFFICIALS; SECTION 4.09 OF THE CITY CHARTER TO BALLOTS; PROVIDING THAT BALLOTS RHALL CONFORM THE FORM OF BALLOTS PRESCRIBED ~'Y THE GENERAL ION LAW OF THE STATE OF F~ORIDA; PROVIDING THE MANNER IN WHICH SUCI{ ELECTION SHALL BE ~UCTED; PROVIDING THE TIME~'AND PLACES FOR SUCH ELECTION; ESTABL,~.~HING THE FORM OF THE .LOT FOR SUCH ELECT~N; DIRECTING THE CITY CLERK ~( PROVIDE THE SUPeR'VISOR OF ELECTIONS WITH ~, ~OPY OF THE ORD~_~NANCE; PROVIDING FOR PUBLIC ~0 ~ : OF SUCH EL~.~TION; PROVIDING FOR AN EFFECTIVE 'A~ WHE~AS, Section 166.031 of the Florida St .tu provides that the go~rning/ body of a municipality may submit to the lectors 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 more efficient and comprehensive procedures with respect to municipal elections; 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 4.06 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. 4.06. Elections - Precincts and polling places; designation of same. (a) The establishment of election precincts and polling places, including the designation of the number, boundaries and location of same, for the purpose of holding municipal elections, shall be established by the Supervisor of Elections for Indian River County, Florida. In the event the Supervisor of Elections for Indian River County, Florida, fails to perform such duties, or in the event the authority of the Supervisor of Elections for Indian River County, Florida, to perform such duties is revoked or rescinded, such authority shall be held by the City Council. 2 (b) In the event that neither the Supervisor of Elections for Indian River County, Florida, nor the City Council establishes an election precinct and polling place for the City of Sebastian with respect to any municipal election, then the election precinct shall be the entire corporate boundaries of the City of Sebastian and the polling place shall be the Sebastian Community Center." Section 2. That the existing Section 4.07 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. 4.07. inspectors and clerks. Elections - How Arranged; The City Council, in conjunction with the City Clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof. 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 the election to be published in accordance with State law." Section 3. That the existing Section 4.08 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. 4.08. election returns. City Canvassing Board; canvass of (a) If the Supervisor of Elections for Indian River County, Florida, does not appoint a Canvassing Board to canvass the ballots cast in a municipal election involving the City, then the City Clerk shall appoint a City Canvassing Board to be composed of three (3) individuals; one (1) member shall 3 be the City Clerk and the remaining two (2) members shall be appointed by the City Clerk. The City Clerk shall act as chairperson of the City Canvassing Board. (b) When a City Canvassing Board has been constituted, the City Canvassing Board shall meet at a place and time designated by the chairperson, as soon as practicable after the close of the polls of any municipal election involving the City, at which time, the City Canvassing Board shall proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as shown by the returns then on file in the office of the Supervisor of Elections for Indian River County, Florida. The City Canvassing Board shall prepare and sign a certificate containing the total number of votes cast for each person or other measure voted on. The certificate shall be placed on file with the City Clerk. (c) The City Council shall hold a special meeting on the first Monday following the election for the purpose of receiving the certificate of the canvassing of the returns by the Supervisor of Elections for Indian River County, Florida, or the City Canvassing Board, as the case may be. The City Council shall then declare the results of the election and enter them in the minutes of the special meeting. Any oath of office required to be administered to the newly elected mayor and council members shall be administered at such special City Council meeting or at the next City Council meeting where the newly elected mayor or council members are in attendance." Section 4. That the existing Section 4.09 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. 4.09. Same - Ballots. The ballots shall conform to the form of ballots prescribed by the general election law of the State of Florida." Section 5. 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 4 by a majority of the votes cast in such election, in which the qualified electors residing in the City shall participate. Section 6. 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 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 1001Fellsmere 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. Ail duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 7. 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: 5 BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. 3: Amending City Charter regarding municipal elections, ballots and canvassing board. Shall the City of Sebastian amend the City Charter to provide that City Council shall establish election precincts and polling places on failure of Supervisor of Elections for Indian River County, Florida, to perform such duties; to provide method for calling municipal elections and declaring results; to provide method for canvassing results, appointing canvassing board and accepting results of board; to provide for form of ballots? Yes for Approval No for Rejection Section 8. Notice of such election shall be published in a newspaper of general circulation according to the laws of the State of Florida. Section 9. upon its passage. This Ordinance shall take effect immediately The foregoing Ordinance was moved for adoption on second reading by Councilman ~~//(_ The motion was seconded by Councilman O~£~.~. , and, upon being put into a vote, the vote was as follows: 6 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 ATTEST: Kathryr~/M. O'Halloran, CMC/AAE, City Clerk (Seal) CITY OF SEBASTIAN 7 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 public hearin~ was held on this prdinance at 7:00 p.m. on the _~m~{ day of -~-~~n-c-6'~ 1992, and that following said public ~~g was passed by the City Council. C~ty Clerk Approve~ as to Form and Content: / Ch r/les/ian NaSh City Attorney