HomeMy WebLinkAboutO-96-05ORDINANCE NO. 0-96-5
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 IV OF THE CITY CHARTER TO PROVIDE FOR A PROCEDURE
TO RESOLVE TIES IN ELECTIONS FOR OFFICE; 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.
W~EREA$, 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 a procedure to
resolve ties in elections in which there are more than two
candidates for office; 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 upon passage of Referendum No. 5, the
existing Section 4.12 (b) of the City Charter of the City of
Sebastian, Florida, shall be amended to read as follows:
(b) In the event that at any election two or more
candidates for the same office should receive the same number of
votes, the question shall be decided by lot, conducted by the city
council at the meeting of the city 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 2. 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 3. 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
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within the City of Sebastian shall be entitled to participate and
vote in such election.
Section 4. 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
Referendu~
Referendum No. 5:
PROVIDING PROCEDURES TO RESOLVE TIES
IN ELECTIONS FOR OFFICE
receive the same number
decided by lot?
Shall the City of Sebastian amend the City Charter to provide
that in the event two or more candidates for the same office
of votes, the question shall be
Yes for Approval
No for Rejection
Section 5. Effective Date. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Council
Member ~~f .~
Council Member'~'~Z~
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
The mayor thereupon declared this Ordinance duly passed and
adopted this day of ~ , 1996.
CITY OF SEBASTIAN, FLORIDA
Arthur h. Firtion, Mayor
AT~EST:
Kathryn' ~_'O'Halloran, 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 PUplic he~~_W~S held on this
Ordinance at 7:00 p.m. on the J~day of ~'[~ , 1996, and
that the following said public hearing this[f)rdinanc~ was passed by
the City Council.
Kathryn_ ~4..O'Ha~.loran, CMC/AAE
City Clerk -'
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
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