HomeMy WebLinkAboutO-99-34ORDINANCE NO. 0-99-34
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 VIOLATION OF STATE ELECTION CODE AS A
BASIS FOR DISQUALIFICATION AND PROVIDING PROCEDURES FOR SUCH
ACTION; 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 4.13 of
the City Charter of the City of Sebastian, Florida, shall be amended to read as follows:
"Section 4.13
No candidate shall violate the provisions of Florida Statues Chapter 104, (the Florida
Election Code) as now constituted or as amended in the furore. A violation of any of these
provisions shall disqualify such candidate from holding office, if elected, and the person receiving
the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office.
Any sitting member of council or candidate therefore may file a written charge with the city
clerk, prior to opening of the meeting in which the election results are declared, that specifies an
alleged violation of this provision by a candidate having been elected. 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 affirmative determination by the majority, a
special meeting shall be scheduled within thirty (30) days for a hearing on the charge in which the
procedures of Section 2.09 apply. Upon a finding by a majority vote of the whole council that a
violation of any of these provisions occurred, such a finding shall disqualify such candidate fi'om
holding office, and the person receiving the majority of the votes cast, observing the foregoing
conditions, shall be entitled to the office."
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:
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BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Amendhag Section 4.13 concerning candidate disqualification.
Shall the City of Sebastian amend the City Charter to make a violation of state
election code a basis for disqualification and providing procedures for such action?
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 ~cxn.~,e.~..~. 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,~.~t~ day of
./~~ . , 1999.
ATTEST:
l~a~n i~. O'Haltoran~CMC/AAE
City Clerk
CITY OF SEBASTIAN, FLORIDA
Chuck Neuberger, Mayor / ~
(Seal)
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach
Press Journal as r~quired by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the
._'~c~L. day of ;r~~ , 1999, and that following said public hearing this Ordinance was passed by the
City Council.
Ka~yn M(/O'HaI!ora~CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer ~
City Attorney
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