HomeMy WebLinkAboutO-98-19ORDINANCE NO. ~
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.
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 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:
That upon passage of Referendum No. 2, 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.
~. 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.
~ 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:
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, fi-om 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.
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~ 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 OFSEBASTIAN, FLORIDA
Re~rendum
Referendum No. 2:
PROVIDING PROCEDURES TO RESOLVE TIES
IN ELECTIONS FOR OFFICE
Shall the City of Sebastian amend the City Charter to provide that in the event two
or more candidates for the same office receive the same number of votes, the question
shall be decided by lot?
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 Councilmember ~~//L~
The motion was seconded by Councilmember /ff~/_.~ _~/ and upon, being put to a vote,
the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Charles Neuberger
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The Mayor thereupon declared this Ordinance duly passed and adopted this /~/day of
CITY OF SEBASTIAN, FLORIDA
Ruth Sullivan, Mayor
A S:
Ka~.th~n M7
latl~r~n,/CM~2/A/~ /
-I~B~.~ER~ that notice of public hearing on this Ordinance was published in the
V~e Beach ?~e~ Journal as required by State Statute, that one public hearing was held on tbs
OrdinanCe at 7:00 p.m. on the ~ day of ,1998, and that following said public
hearing t~s Ordinance was passed by the City Council.
Kath*n M.'O'Halforan, ~Md/~
City Clerk
Approved as to form and legality for
reliancg~,Yttxhe City of Sebastian only::
Rich Stringer
City Attorney
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