HomeMy WebLinkAboutO-99-35ORDINANCE NO. O-99-3~
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 THAT THE CITY MANAGER AND THEN THE CITY
ATTORNEY SHALL SUCCEED THE CITY CLERK IN APPOINTING INTERIM
GOVERNMENT, RATHER THAN THE MAYOR AND POLICE CHIEF MAKING
SUCH APPOINTMENTS; 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 4.14 of
the City Charter of the City of Sebastian, Florida, shall be amended to read as follows:
"Section 4.14
Should a condition arise where there should be no city council serving, either through
death, resignation or otherwise, in the interim until a special election can be called to fill such
vacancies, the city clerk shall have the power to fill the vacancies until successors are elected, and
such city council so appointed shall call a special election as provided by this Charter. In the event
of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within
five (5) days after such condition arises, the city manager shall do so. In the event of the inability
or refusal of the city manager to act within twenty-four (24) hours, the city attorney shall do so."
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 Sebastiatt, Florida shall be approved by a majority of the
votes cast m such election, in which the qualified electors residing in the City of Sebastian shall participate.
~ 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:
2
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Amending Section 4.14 concerning interim government.
Shall the City of Sebastian amend the City Charter to provide that remaining charter
officers, rather than mayor and police chief, succeed city clerk as the official
responsible for appointing interim government when no functioning council exists?
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 .¢9.~.a~-~4~' and upon, being put to a vote, the vote was as follows:
Mayor Chuck Neuberger
Councilmember Joseph Barczyk
Councilmember Walter Barnes
Councilmember Ben Bishop
Councilmember Edward Majcher
The Mayor thereupon declared this Ordinance duly passed and adopted this,~A.,L day of
,1999.
ATTEST: ,
Kathryn ~. O'Halloran, CMC/AAE
City Clerk
(Seal)
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.nr on the
~.,~ j day of ~~ , 1999, and that following said public hearing this Ordinance was passed by the
City Council.
Kathryn~Vi. O'Halloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Ri~h 'S~nger ~
City Attorney
4