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Home My WebLink AboutO-93-04 ORDINANCE NO. 0-93-04 Alf ORDINAlfCE OF TBE CITY OF SEBASTIAN, INDIAN' RIVER COUNTY, FLORIDA, SCHEDULING Alf ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN OaDEa TO AMEND ARTICLE IV OF THE CITY CHARTER; AMENDING SECTION 4.02 OF THE CITY CHARTER PERTAINING TO FILING OF CANDIDATE' S OATH AND LOYALTY OATH; PROVIDING FOR THE REPEAL OF SECTION 4.03 OF THE CITY CHARTER PERTAINING TO SPECIAL MUNICIPAL ELECTIONS TO ELECT ELECTIVE OFFICERS; PROVIDING FOR THE REPEAL OF SECTION 4.06 OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS AND POLLING PLACES; AMENDING SECTION 4.07 OF THE CITY CHARTER PERTAINING TO THE ADOPTION OF NECESSARY ARRANGEMENTS FOR BOLDING ALL CITY ELECTIONS; PROVIDING THAT THE CITY COUNCIL SHALL MAKE ALL NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTIONS; AMENDING SECTION 4.08 OF THE CITY CHARTER PERTAINING TO THE CANVASSING OF ELECTION RETURNS; AUTHORIZING THE CITY CLERK TO APPOINT A CITY ELECTION CANVASSING BOARD; PROVIDING PROCEDURES FOR CONVENING THE CITY CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD; PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL FOR PURPOSES OF RECEIVING RESULTS OF THE CITY CANVASSING BOARD, DECLARING ELECTION RESULTS AND ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED CITY OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER PERTAINING TO BALLOTS; AMENDING SECTION 4.12 OF THE CITY CHARTER PERTAINING TO ELECTION PROCEDURES IN THE EVENT OF A TIE VOTE; PROVIDING THAT BALLOTS SHALL CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY THE GENERAL ELECTION LAW OF THE STATE OF FLORIDA; 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 provide more efficient and comprehensive procedures with respect to municipal elections; 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 4.02 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: "(a) Each candidate, in order to qualify for election to the office of council member, shall take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be furnished to the candidate by the city Clerk and shall comply with the provisions of Florida law. (b) The oath set forth in subsection (a) shall be filed with the city Clerk at least forty-five (45) days, but no more than sixty (60) days, prior to the day of the election, along with payment of a non-refundable filing fee as set by the resolution of city Council, from time to time." Section 2. That the existing section 4.03 of the city Charter of the city of Sebastian, Florida, is hereby repealed. - 2 - section 3. That the existing section 4.06 of the City Charter of the City of Sebastian, Florida, is hereby repealed. Section 4. That the existing section 4.07 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. 4.07. Elections - How arranged; inspectors and clerks. 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 election 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 Florida law." Section 5. That the existing section 4.08 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. 4.08. Same - City canvassing Board; canvass of election returns. - 3 - . . (a) If the City is not holding its election as a part of the election for Indian River County, Florida, the City Clerk shall appoint a City Canvassing Board to be composed of three (3) individuals; one (1) member shall 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 County Canvassing Board of the returns for Indian River County, Florida, or the city Canvassing Board, as the case may be. The city Council shall then declare the results of - 4 - the election and enter them in the minutes of the special meeting. Any oath of office required to be administered to the newly elected council members shall be administered at such special City council meeting or at the next city Council meeting where the newly elected council members are in attendance." section 6. That the existing Section 4.09 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. 4.09. Same - Ballots. The ballots shall conform to the prescribed by the general election laws Florida." form of ballots of the state of section 7. That the existing section 4.12 of the Ci ty 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. 4.12. Election procedures; tie vote. (a) In all general or special elections, the candidates receiving the highest vote in each of the offices of council member to be filled, shall be elected for two-year terms, or the balance of the term. - 5 - (b) In the event that at any election there are only two (2) candidates for the same 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 Ci ty 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 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 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) - 6 - . . 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 10. 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.3: Amending Article IV of the City Charter regarding municipal elections, ballots and canvassing board. Shall the city of Sebastian amend the city Charter to update the city Charter to remove current provisions that are governed by the laws of the state of Florida or are inconsistent with other provisions contained in the city Charter, and to establish procedures for convening a City Canvassing Board and recording the results of the Board? Yes for Approval No for Rejection - 7 - " Section 11. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance ()kkL {2e.id 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: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck council member carolyn Corum council member Peter R. Holyk council member George G. Reid ~~. ~~ ~L The Mayor thereupon adopted this J-7Jb--day of declared this ~ Ordinance duly passed and , 1993. / ['IAN, ATTEST: 'id-16>_ CMC/AAE - 8 - '.. . , . . . . . 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 hearing was held on this Ordinance at 7:00 p.m. on the ;;J~ day of ~ ' 1993, and that following said public hearing this Ord1na e was passed by the city council. . (IMLV~~/ APprov~ ~ and Content: Charles Ian Nash, city Attorney - 9 -