HomeMy WebLinkAboutO-99-24 ORDINANCE 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 II OF THE CITY CHARTER
TO PROVIDE FOR A REQUIREMENT FOR SPECIAL ELECTION TO FILL
COUNCIL VACANCIES OF GREATER THAN SIX MONTHS; 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 Section 2.08(c)
of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows:
"Section 2.08(c)
(c) Filling vacancies. In the event of a vacancy in the office of a council member, the
city council shall, by taking individual nominations and voting thereupon, appoint a person having
the qualifications of council member to occupy such office until the earlier of (1) the seating of
a successor elected by the electorate of the city at the next general municipal election for the city
where the qualifying period for seeking election for council members has not expired, or (2) for
the remainder of the unexpired term of the council office in which the vacancy exists. In the event
a successor is to be elected for the unexpired term, the candidates shall run specifically for that
seat on the council. ~
However, if there is no general election within a six-month period of the occurrence of the
vacancy and the unexpired term for the vacant seat exceeds six months, a special election shall
be held with all due haste to elect a successor, and the appointee shall serve until the successor
is seated at the f~t regular meeting of the council following certification of the election results."
Section ~. An dection is hereby called and scheduled to be held on March 14, 2000, to determine
whether the revisions to the City Charter of the City of Sebastian, Hofida 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 ..................... : .......................................... Highlands Chapel Church of God,
281 Delaware Avenue
Precinct 15 ..................... i .......................................... 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.
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
Amending Section 2.08(c) concerning council vacancies.
Shall the City of Sebastian amend the City Charter to require that council vacancies
of greater than six months be filled by special election rather than appointment?
Yes for Approval
No for Rejection
Section 5. Effective Date. This Or&nm shall become effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilmember ~. The motion
was seconded by Councilmemlxa' ~ and upon, being put to a vote, the vote was as follows:
Mayor Chuck Neuberger
Counciimember Joseph Barczyk
Councilmember Walter Barnes
Councilmember Ben Bishop
Councilmember Edward Majcher
The Mayor thereupon declared this Ordinance duly passed and adopted this,~,~t-~day of
'~t~-~~ , 1999.
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Ka~3~n/v~O'Hallora~, CM(~/A~E
City Clerk
(seal)
CITY OF SEBASTIAN, FLORIDA
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach
Press Journal as.reAd'ed by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the
~.~- day of~ 1999, and that following said public hearing this Ordinance was passed by the
City Council. ~
Approved as to form and legality fo~
relian the Ci f Sebastian only:
Rich Stringer ~
City Attorney
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