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HomeMy WebLinkAboutO-98-13ORDINANCE NO. 0- 98- I~ 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 V OF THE CITY CHARTER TO PROVIDE FOR THE APPOINTMENT OF A CHARTER REVIEW COMMITTEE; 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, Florida, has determined that certain revisions should be made to the City Charter in order ~o provide for the periodic appointment of a committee to review the charter; and WHEREAS, the City Council desires to submit the amendment 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 OFT HE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Upon passage of Referendum No. 1, the existing Article V of the City Charter of the City of Sebastian, Florida, shall be amended to add a Section 5.03, to read as follows: Section 5.03. CHARTER REVIEW COMMITTEE Not later than April 15 of the year 1999 and of every 7th year thereafter, the City Council shall appoint a Charter Review Committee to review the Charter of the City. Each Charter Review Committee shall consist of 15 residents of the City. The Committee shall otherwise be appointed in the manner provided by the Code of Ordinances. The Committee shall be funded by the City Council and shall be known as the "City of Sebastian Charter Review Committee.,, It shall, within 6 months from the date of its formation, present to the City Council its final recommendation for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the Charter Review Committee shall conduct 2 public hearings, at intervals of not less than 14 days, Prior to the transmittal of its recommendations to the City Council. The City Council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose. Section 2. An election is hereby called and scheduled to be held on March 9, 1999, 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. 2 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 9, 1999, 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 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 Referendum Referendum No. 1: PROVIDING FOR THE PERIODIC APPOINTMENT OF A COMMITTEE TO REVIEW THE CITY CHARTER 3 Shall the City of Sebastian amend the City Charter to provide that a Charter Review Committee be appointed by the City Council every seven years to review the City Charter and to make recommendations to the City Council that proposed amendments be submitted to the voters for adoption? 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 ~~ The motion was seconded by Council Member ~,~.~/~L~xF~j and, upon being put to a vote, the vote was as follows: Mayor, Ruth Sullivan Vice Mayor, Martha Wininger Councilmember, Louise Cartwright Councilmember, Larry Paul Councilmember, Chuck Neuberger The mayor thereupon declared this Ordinance duly passed and adopted this/~day of ~~ , 1998. CITY OF SEBASTIAN, FLORIDA By: Ruth Sullivan, Mayor ATTEST: 4 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 heari~wa9 held on this Ordinance at 7:00 p.m. on the~9/day of ~~ .... , 1998, and that the following said public hearing thi~ Ordinance was passed by the City Council. -'Kate, Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton .McClelland, Jr. Acting City Attorney