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HomeMy WebLinkAboutO-99-23ORDINANCE NO. 0-99-23 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 ARTICLES II AND III OF THE CITY CHARTER TO PROVIDE FOR CLARIFICATION THAT MAYOR SIGNS LEGISLATIVE DOCUMENTS AND CITY MANAGER SIGNS CONTRACTS AND OTHER BUSINESS DOCUMENTS; 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; 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, pursuant to the City Charter, the City of Sebastian Charter Review Committee has recommended that certain revisions be made to the City Charter; 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 the Referendum submitted hereunder, existing Sections 2.06(b) and 3.04(g) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 2.06Co) (b) Mayor - Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve the peace and order, be recognized as the head of the city government for all Ceremonial purposes, and shall be recognized by the governor as the head of the city govenur~nt for purposes of military law. The Mayor shall sign all ordinances, resolutions and proclamations of the City Council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk." "Section 3.04(g) (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall sign all contracts, bonds, debentures, franchises and official documents on behalf of the city, which shall also be attested by the city clerk." Section 2. An election is hereby called and scheduled to he held on March 14, 2000, 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 3j 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 ................................................................ Highlands Chapel Church of God, 281 Delaware Avenue 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 14, 2000, 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. ~ The purpose of this election shall he to present a referendum issue to the dectors 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: 2 I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the ,.5/a,,t day of ,~ ,~,.g~o, 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTEST: KhthrYn l~/O'I4all0r~n, cMc/AAE City Clerk Approved as to form and legality for City Attorney 4 BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Amending Sections 2.06(b) and 3.04(g) concerning executing documents. Shall the City of Sebastian amend the City Charter to clarify that the mayor signs legislative documents and city manager signs contracts and other business documents? 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 ~ . The motion was seconded by Councilmember ~d~.~ - 4~ Mayor Chuck Neub~rgex Councilmember Joseph Barczyk Councilmember Ben Bishop Edward Councilmember _ Majcher Councilmember ~~ and u >on, being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this~,~Z ~/? _~a~.~,~ , 1999. A. TT/~ST: ~ . katl~ M. ~)'Ha~oran, CMC/AAE City Clerk day of By:CITY OF SEBA~, F/~/ORIDA ~ ~~~ Chuck'~uberger, Mayor / (Seal)