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Home My WebLink AboutO-96-03ORDINANCE NO. 0-96-3 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 ARTICLE III AND ARTICLE IV OF THE CITY CHARTER TO PROVIDE THAT THE CITY CLERK SHALL BE APPOINTED BY THE CITY MANAGER AND MAY BE REMOVED BY THE CITY MANAGER WITH THE CONSENT OF THE CITY COUNCIL, AMENDING ARTICLE III REGARDING THE DUTIES OF THE CITY MANAGER, AMENDING ARTICLE IV REGARDING APPOINTMENT OF A CITY CANVASSING BOARD; 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 W}{EREAS, 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 that the city clerk shall be appointed by the city manager and may be removed by the city manager with the consent of the city council, amending Article III regarding the duties of the city manager, and amending Article IV regarding appointment of a city canvassing board; and W}{EREAS, 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 T~E CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon the passage of Referendum No. 3, the existing Article III, Division 1 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Article III: ADMINISTRATION AND LEGAL DEPARTMENT DIVISION 1. Generally Section 3.01. Creation. The city council may after receiving recommendation from the city manager, establish city departments, offices or agencies in addition to those expressly created in the City Charter. 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 3.02. Appointment of officers. The city attorney and city manager shall be appointed by the city council and serve at the pleasure of the city council subject to the provisions of section 3.03 of this article. Section 3.03. Removal of appointed officers. Any officer appointed by the City Council may be removed by a majority vote of the city council after a public hearing is called for the specific purpose of addressing the removal and in accordance with the provisions of the employment contract. Section 3.04. (a) City manager; powers and duties. The city manager shall be the executive officer 2 and the chief administrative officer of the city. The city manager shall, as the executive officer of the city, require the laws and ordinances of the city to be faithfully executed and enforced, and as the chief administrative officer, shall implement the policies of the city council as promulgated from time to time. (b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with the law and the personnel rules of the city and may authorize any department head to exercise these powers with respect to subordinates in his respective department. (c) The city manager shall direct and supervise the administration of all departments of the city except the office of the city attorney. He shall attend all city council meetings unless excused by the mayor or city council and shall have the right to take part in discussions, but not vote. (d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the city council subject to enforcement by the city manager are faithfully executed. (e) The city manager shall submit the annual budget, budget message, and capital improvement program budget to the city council and shall keep the city council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. (f) The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during any temporary absence or disability of the city manager. The city council may revoke such designation at any time and appoint another eligible person, other than a sitting council member, to serve as acting city manager. (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 3.05. City clerk. There shall be a city clerk appointed by the city manager who shall give notice of city council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to the clerk by the city manager. The city clerk may be removed by the city manager if the removal is approved by the city council. Section 2. That upon passage of Referendum No. 3, the existing Section 4.08 (a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: (a) If the city is not holding its election as a part of the election for Indian River County, Florida, the city manager 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 electors of the city appointed by the city manager. The city clerk shall act as 4 chairperson of the city canvassing board. Section 3. An election is hereby called and scheduled to be held on March 12, 1996, 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 4. 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) Precinct 16 ........................ Sebastian Elks Lodge No. 2714 731 South Fleming Street The polls shall open at such voting places on March 12, 1996, 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 5. 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: APPOINTMENT OF CITY CLERK BY CITY~L~NAGER Shall the City of Sebastian amend the City Charter to provide that the city manager have the authority to appoint the city clerk and the authority to remove the city clerk with the consent of the city council, and that the city manager shall have the authority to appoint the city election canvassing board, and to conform remaining provisions with the amendments? Yes for Approval No for Rejection Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption. Member ~.~u_~ Council Member .~.~L~_~¥/~4~ vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright 6 The foregoing Ordinance was moved for adoption by Council The motion was seconded by and, upon being put to a adopted this~day of The mayor thereupon declared this Ordinance duly passed and ~~~---- 1996 CITY OF~ASTIAN, FLOjkLDA B~ Arthur L. Firtion, Mayor ATTEST: ' ~ath~yn M. _0 Hal~oran, 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 public he,~.~g was held on this Ordinance at 7:00 p.m. on the~day of '~7~/~a~_~ , 1996, and that the following said public hearing thi~0rdinanc~was passed by the City Council. Kathryn ~. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney