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Home My WebLink AboutO-93-02ORDINANCE NO. 0-93-02 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 ANEND PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS TO SECTIONS 2.05, 2.08, 2.12, 3.01, 3.03, 3.08 AND 5.01 OF THE CITY CHARTER TO PROVIDE FOR THE CORRECTION AND/OR CLARIFICATION OF EXISTING PROVISIONS; AMENDING SECTION 2.05 OF THE CITY CHARTER PERTAINING TO COMPENSATION AND EXPENSES OF THE MAYOR, VICE-MAYORAND OTHER CITY COUNCIL MEMBERS; AMENDING SECTION 2.08 OF THE CITY CHARTER PERTAINING TO THE FILLING OF VACANCIES OF THE OFFICE OF COUNCIL MEMBERS; AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING TO THE PROCEDURE FOR VOTING BY THE CITY COUNCIL; AMENDING SECTION 3.01 OF THE CITY CHARTER PERTAINING TO THE CREATION OF CITY DEPARTMENTS, OFFICES AND AGENCIES; AMENDING SECTION 3.03 OF THE CITY CHARTER PERTAINING TO THE REMOVAL OF CHARTER OFFICERS; AMENDING SECTION 3.08 OF THE CITY CHARTER PERTAINING TO THE POWER OF POLICE OFFICERS TO BEAR ARMS AND MAKE ARRESTS; AMENDING SECTION 5.01 OF THE CITY CHARTER PERTAINING TO THE SEVER~BILITY OF PROVISIONS OF THE CITY CHARTER, 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; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of 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, has determined that certain revisions should be made to the City Charter in order to correct mistakes in certain existing provisions and to provide clarity with respect to other provisions of the current City Charter; and WHEREAS, the City Council desires to submit the amendments to the City 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 2.05 of the City 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. 2.05. Compensation. The salary of the mayor, vice-mayor and each of the other council members shall be paid the following amounts on a monthly basis: (a) Mayor: Four Hundred Dollars ($400.00); (b) Vice-mayor: Two Hundred Fifty Dollars ($250.00); and (c) Council members: One Hundred Fifty Dollars ($15o.oo) ." Section 2. That the existing Section 2.08 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting existing Subsection (c) of said Section in its entirety and adding the following provision in lieu thereof: "(¢) Filling vacancies. In the event of a vacancy in the office of a council member, the City Council shall appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the - 2 - City at the next general municipal election for the City where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists." Section 3. That the existing Section 2.12 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting existing Subsection (c) of said Section in its entirety and adding the following provision in lieu thereof: "(c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The ayes and nays on each roll call vote shall be recorded in the minutes of the meeting. Three (3) members of the City Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the City Council then in force. No action of the City Council, except as otherwise provided in this charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members." - 3 - $~¢ti. on..4. That the existing Section 3.01 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting existing Subsection (a) of said Section in its entirety and adding the following provision in lieu thereof: "(a) The City Council may establish city departments, offices or agencies in addition to those expressly created in the City Charter and may prescribe the functions of all departments, offices and agencies. Notwithstanding the foregoing sentence, no function specifically assigned in the City Charter to a particular department, office or agency may be discontinued or reassigned to a different department, office or agency by the City Council, except to the extent allowable under the provisions of the City Charter." Section 5. That the existing Section 3.03 of the City 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. 3.03. Removal of Charter officers. (a) Any Charter officer may be removed from office for cause by a majority vote of the entire City Council. (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire City Council at a regularly scheduled meeting -- 4 -- for discussion. The city Council may, by a vote of at least three (3) council members, charge the named Charter officer with misconduct and immediately suspend such Charter officer from office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the City Council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed from office if the City Council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office." Section 6. That the existing Section 3.08 of the City 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. 3.08. Same - Officers. The chief of police and all sworn police officers shall have the power to bear arms and make arrests as provided by Florida law and/or as may be provided by Ordinance adopted by the City Council." Section 7. That the existing Section 5.01 of the City 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. 5.01. Severabillt¥ of provisions. 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 any 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." Section 8. An election is hereby called and scheduled to be held on March 9, 1993, to determine whether the revisions to the City 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 of Sebastian shall participate. Section 9. 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 determined under the applicable provisions of - 6 - Florida law, which are currently 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 1001 Fellsmere Road (CR 512) Precinct 16 ....................... Calvary Baptist Church 123 Thunderbird Drive The polls shall open at such voting places on March 9, 1993, 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 ~Q. 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. 1: Amending city Charter to make corrections and clarify existing provisions. - 7 - Shall the City of Sebastian amend Sections 2.05, 2.08, 2.12, 3.01, 3.03, 3.08 and 5.01 of the City Charter to make corrections in and to provide clarification of, existing provisions regarding council salaries, filling council vacancies, manner of voting, establishing departments, removal of charter officers, police officers right to bear arms and severability? Yes for Approval No for Rejection Section 11. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance 'was moved for adoption by Council member ( . The motion was seconded by Council member ~'~ and, upon being put to a vote, the vote was as follows: /~ .~r Mayor Lonnie R. Powell ~~ Vice-Mayor Frank Oberbeck~-~ Council member Carolyn Corum Council member Peter R. Holyk Council member George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this~'~-~/~- day of -ATTEST: Kathryh'l~. O'Halloran, CMC/AAE City Clerk , · 1993 C~¥ OF I~EBA~, FLORI~ - $ - 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 p~blic hearing/was held on this Ordinance at 7:00 p.m. on the c~. day of ~ , 1993, and that following said public hearing this OrdinanCe was passed by the City Council. ~afhryn~M. O'Halloran, CMC/AAE City Clerk ! Approved as ~o Form and Content: / ? /// Charle~ Ian Nash, City Attorney - 9 -