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HomeMy WebLinkAboutO-99-29ORDINANCE NO. 0-99-29 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 Ill OF THE CITY CHARTER TO PROVIDE FOR SETTING STANDARDS FOR VOTE TO CHARGE CHARTER OFFICERS WITH CAUSE FOR REMOVAL; 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 3.03Co) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Section 3.03(b) (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote at least, three (3) council members that said charge would, if proved, constitute a violation and that a reasonable basis exists for believing the violation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer form office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the fight to a hearing before the City Council upon request. The suspended Charier officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspoxied Chart~ officer shah be removed if thc City Council finds, by a vote of at least three (3) council members that cause cxists to support such removal. In thc event that at least three (3) council mcmbers do not fred that causc cxists for removal, the suspended Charter officer shah be immediately rcinstateA to his or her Charter office.' Section 2. An election is hereby called and scheduled to be held on March 14, 2000, to determine whether thc revisions to thc City Charter of the City of Sebastian, Florida shall be approved by a majority of thc votes cast in such election, in which the qualified electors residing m 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 ................................................................ Thc North Indian River County Library, 1001 Fellsmcm Road (CR 512) Precinct 16 ................................................................ Sebastian Elks Lodge No. 2714, 731 South Fleming SWeet 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 shah be substantially in the following form: 2 BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Amending Section 3.03(b) concerning removal of charter officers for cause. Shall the City of Sebastian amend the City Charter to set standards to be considered by council in a vote to charge a charter officer with cause for removal? 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 ~~ 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 this,~.a,~..day of ~ ,1999. ATT2T: I~a~thryn l~O'I~al'16ra~, CM~/AAE City Clerk (Seal) CITY OF SEBASTIAN, FLORIDA Chuck~euberger, MaYor / 3 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 hearing was held on this Ordinance at 7:00 p.m. on the v~A~.~ day of ~ ~ , 1999, and that following said public hearing this Ordinance was passed by the City Council. ATTES/T: ~a~thryn I~. O'Hallora~, cMc/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer City Attorney 4