HomeMy WebLinkAboutO-99-25ORDINANCE NO. 0-99-25
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 PROCEDURES FOR REMOVAL OF CITY COUNCIL
MEMBERS; 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 2.09 of
the City Charter of the City of Sebastian, Florida, shall be amended to read as follows:
"Section 2.09
The city council shall be the judge of the election and qualifications of its members and of
the grounds for forfeiture of their office and for that purpose shall have power to subpoena
witnesses, administer oaths and require the production of evidence. Upon the filing by a sitting
member of council of a written charge that a member has committed conduct violating section
2.08Co), the city council must vote whether said charge would, if proved, constitute a violation and
whether a reasonable basis exists for believing the violation occurred, and upon an affmnative
determination by the majority, a special meeting shall be scheduled within thirty (30) days for a
hearing on the charge. Altematively, a member charged by a member of the public with conduct
constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on
demand. Notice of such hearing shall be published in one (1) or more newspapers of general
circulation in the city at least one (1) week in advance of the hearing. Decisions made by the city
council under this section shall be subject to review by the courts."
Section 2. An election 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, 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 ................................................................ 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.
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 2.09 conceming removal of council members.
Shall the City of Sebastian amend the City Charter to provide procedures to be
followed when removal of council members is under consideration?
Yes for Approval
No for Rejection
Section 5. Effective Date. This Ordinance shall bexome effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilmember .~ The motion
was seconded by Councilmcmber
Mayor Chuck Neuberger
Councilmember Joseph Barczyk
Councilmember Walter Barnes
Councilmember Ben Bishop
Councilmember Edward Majcher
and upon, being put to a vote, the vote was as follows:
The Mayor thereupon declared this Ordinance duly passed and adopted this3/~L day of
c.~~ , 1999.
Kathryn 10l. 0 Halloran, CMC/AAE
City Clerk
(Seal)
CITY OF SEBASTIAN, FLORIDA
Chuck'~%Uberger' May°r /
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach
Press Journal as re~luired by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the
~( day of ~d:~m~a5 1999, and that following said public hearing this Ordinance was passed by the
City Council.
~S T:
K~th~n 1~'. O'Halloran, CMC/AAE
City Clerk
Approved as to form and legality for
reli~~_~ ~r?~f Sebastian only:
Rich Stri~n~? ~ }',--
City Attorney