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HomeMy WebLinkAboutR-87-04 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PRO- VIDING FOR THE HOLDING OF A REFERENDUM IN THE CITY OF SEBASTIAN, FLORIDA ON THE 10TH DAY OF MARCH, 1987, ON PROPOSED AMENDMENTS TO SECTION 2.05, AND SECTION 2.11, OF THE CITY CHARTER AND THEREBY CHANGING THE FORM OF GOVERNMENT FROM A STRONG MAYOR TO A CITY MANAGER AND REDUCING THE SALARY OF THE MAYOR FROM $19,500.00 TO $4,800.00 PER YEAR; DESIGNATING THE POLLING PLACES, THE FORM OF THE OFFICIAL BALLOT, THE MANNER OF CONDUCTING THE ELECTION; PROVIDING FOR THE RETURN AND CANVASSING THE ELECTION; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: A Referendum shall be held in the City of Sebastian, Florida, on Tuesday, the !Q~h Day of ~a~h~ !~!, to vote on two proposed amendments to the City Charter to accomplish the following: (1) To change the form of the Government of the City of Sebastian from a Strong Mayor to a City Manager Form of Government whereby the City Manager will assume the vast majority of the duties of the Mayor and will become the Chief Administrative Officer of the City. (2) Reduce the salary of the Mayor from $19,500.00 to $4.800.00 per year because of the reduction in duties and responsibilities of the Office of Mayor. ~T~Q~ ~ That the existing Strong Mayor Form of Government would continue until the mayoral election of MARCHL !~, at which time the Mayor whose term of Office starts on March 14, 1988, will have reduced duties and responsibilities and earn the reduced salary. The form of the Official Ballot shall be as follows: OFFICIAL BALLOT CITY OF SEBASTIAN REFERENDUM (CITY MANAGER; MAYOR'S SALARY DECREASE) Shall Section 2.05 and Section 2.11 of the City Charter be changed, effective on Monday, March 14, 1988, to establish a City Manager form of Government and reduce the salary of the Mayor from $19,500 to $4,800 per year? If you FAVOR__ a City Manager form of Government .................... VOTE .............. FOR AMENDMENT If you are AGAINST a City Manager form of Government .............. VOTE .......... AGAINST AMENDMENT SECTION IV The polling places, which shall be open from 7:00 a.m. to 7:00 p.m. on March 10, 1987, are as follows: 1. QQ~T! ~~ 703 North Central Avenue. 2. ~B! ~R~!~ ~~ 123 Thunderbird Drive. 3. ~A~A~ LAKES ~L~Q~ 1101 Fellsmere Road. SECTION V If a majority of the electors voting on this referendum vote ~Q[ the proposed changes in the City Charter as herein stated, the City Clerk shall file the newly amended Section 2.05 and Section 2.11 with the Florida Department of State and the charter change shall become effective as amended herein. The Charter shall thereby be changed effective immediately, but the implementation of the change will not take place finally until March 14, 1988 as stated in Amended Charter. If the proposed referendum is not passed by a majority vote as stated above, the existing Charter shall remain as it presently reads. The full text of the two proposed Charter Amendments are as follows: That paragraph (1) and sub-paragraph (a) of Section 2.05 of the Charter of the City of Sebastian, now reading as follows: "Sec. 2.05. Compensation[ 9~penses. (1) The salary of the Mayor, vice-mayor and councilmen shall be paid monthly as follows: a. Mayor: One thousand six hundred and twenty-five dollars ($1,625.00.)" IS HEREBY AMENDED TO READ A~ ~QL~Q~i "Sec. 2.05. Comp~B~a~iQ~A ~penses. (1) The salary of the Mayor, vice-mayor and councilmen shall be paid monthly as follows: a. Mayor: One thousand six hundred and twenty-five dollars ($1,625.00 until March 14, 1988, at which time the salary shall be reduced to four hundred dollars ($400.00)." 2 S~.CTIQN 2.11 That Section 2.11 of the Charter of the City of Sebastian, Florida, now reading as follows: "Sec. 2.11. office~s. Supervision and f9~gKa~ ~ ~pension of ci~ (a) The mayor shall have general supervision over the fire department, the police department, the building official and all other city officers and may examine into the condition of the offices, books, records and papers thereof and the manner of conducting official business. He/she shall report to the city council all violations or neglect of duty of any official that may come to his/her knowledge. He/she shall make such recommendations about city business to the city council as he/she deems advisable. (b) The city council shall have authority to remove any city officer for cause by a vote of at least three (3) members. The mayor shall have authority to suspend any officer, except councilmen, for misconduct in office, or neglect of duty, reporting his/her action in writing, with reasons therefor, to the next regular meeting of the council or a special meeting called for such purpose, for its approval or disapproval. Notice of such suspension and the reasons therefore shall be given in writing to the suspended officer by mailing the same to his/her last known address, and the suspended officer shall have the right to a hearing before the city council. If the city council shall approve the action of the mayor, by a vote of at least three (3) members, in suspending such officer, such officer shall thereupon stand removed and his/her office vacated. If the council shall not approve the action of the mayor by a vote of at least three (3) members in suspending such officer, the officer shall resume his/her duties." IS HEREBY AMENDED TO READ AS FOLLOWS: "Sec. 2.11. (a) The City Manager when necessary shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with law and the personnel rules, and may authorize any Department Head to exercise these powers with respect to subordinates in the respective department, except as to dismissal of vested officers. The City Manager shall direct and supervise the administration of all departments of the city except the offices of the City Clerk and City Attorney and shall attend all Council Meetings unless excused by Council and shall have the right to take part in discussions, but not vote. He shall see that all laws, Charter provisions ordinances, resolutions, and other acts of the council subject to enforcement by him are faithfully executed. The City Manager shall also prepare and submit the annual budget, budget message, and capital program to the Councilm and shall keep the Council fully advised as to the financial condition and future needs of the City, and shall make such recommendations to the Council concerning the afairs of the City as he deems desirable. The City Manager shall designate a qualified city employee to exercise the powers and perform the duties of City Manager. The Council may revoke such designation at any time and appoint another eligible person, other than a sitting Councilman, to service as Acting City Manager. (b) The Council shall have authority to remove any city officer for cause by a vote of at least three (3) members. The City Manager shall have authority to suspend any officer, except Councilmen, for misconduct in office or neglect of duty, reporting his action in writing, with reasons therefor, to the next regular meeting of the Council or a special meeting called for that purpose, for its perliminary approval or disapproval. Notice of such suspension and the reasons in person or by mailing such notice to the last known address of the suspended officer. The suspended officer shall have a right to a hearing before the Council upon request, and shall be given a reasonable time to prepare such hearing. If the Council shall approve the action of the City Manager, by a vote of at least three (3) members, in suspending such officer, such officer shall thereupon be removed from office and the office vacated. If the Council shall not approve the action of the City Manager by a vote of at least three (3) members in suspending such officer, the officer shall resume his duties in office." SECTIQ~ VII The City Clerk is hereby instructed to cause two (2) notices of this election to be published pursuant to Section 100.342, Florida Statutes; to cause the ballot to be printed; to acquire the needed ballots for the voting machines and absentee ballots; to request the Registration Officer to deliver the registration books to the election inspectors appointed to conduct the election; to receive the returns and canvass the election officials and immediately publish the result of the referendum question. The City Clerk shall also provide instructions for the guidance of voters in preparing their ballots and to perform other acts necessary in order to conduct the said election. VIII The manner of balloting in this election shall be by the use of voting machines and absentee ballots. The City Clerk is hereby directed to secure the use of such voting machines as necessary to conduct this election from the Board of County Commissioners of Indian River County, Florida, and is further authorized to acquire the services of the Supervisor of Elections of Indian River County, Florida, for the purpose of preparing and supervising the voting machines prior to and during the election, including necessary deputies, deputy custodians and officers to properly and legally conduct such election and to provide all needed supplies, machines, and forms for the holding of this said referendum. 4 This RESOLUTION shall be effective on the 14th day of January, 1987. '- A?fE ST: Kathry~JM. Benjam~, City Clerk  SE~,_FLORIDA bY~r I HEREBY CERTIFY that the foregoing resolution on the calling of a refererendum on the question of changing the form of government of the City of Sebastian, Florida, from a Strong Mayor form to a City Manager form of government and to reduce the salary of the Mayor, effective on March 14, 1988, was duly passed by the City Council of the City of Sebastian, Florida, on the 7th day of January, 1987, by a vote of ~t votes for passage and__j__votes against passage of this said resolu- tion. Kathryn/ M. Benjamin~ City Clerk APPROVED AS TO FORM AND .-~ ~'~LEGAL SU~~/ Thomas C. Palmer City Attorney R-87-4 5 RESOLUTION A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PRO- VIDING FOR THE HOLDING OF A REFERENDUM IN THE CITY OF SEBASTIAN, FLORIDA ON THE 10TH DAY OF MARCH, 1987, ON PROPOSED AMENDMENTS TO SECTION 2.05, AND SECTION 2.11, OF THE CITY CHARTER AND THEREBY CHANGING THE FORM OF GOVERNMENT FROM A STRONG MAYOR TO A CITY MANAGER AND REDUCING THE SALARY OF THE MAYOR FROM $19,500.00 TO $4,800.00 PER YEAR; DESIGNATING THE POLLING PLACES, THE FORM OF THE OFFICIAL BALLOT, THE MANNER OF CONDUCTING THE ELECTION; PROVIDING FOR THE RETURN AND CANVASSING THE ELECTION; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: A Referendum shall be held in the City of Sebastian, Florida, on Tuesday, the lQkh Day of MarchL ~!, to vote on two proposed amendments to the City Charter to accomplish the following: (1) To change the form of the Government of the City of Sebastian from a Strong Mayor to a City Manager Form of Government whereby the City Manager will assume the vast majority of the duties of the Mayor and will become the Chief Administra- tive Officer of the City. (2) Reduce the salary of the Mayor from $19,500.00 to $4,800.00 per year because of the reduction in duties and respon- sibilities of the Office of Mayor. That the existing Strong Mayor Form of Government would con- tinue until the mayoral election of ~A~ !~, at which time the Mayor whose term of Office starts on March 14, 1988, will have reduced duties and responsibilities and earn the reduced salary. ~IQ~ II! The form of the Official Ballot shall be as follows: OFFICIAL BALLOT CITY OF SEBASTIAN REFERENDUM (CITY MANAGER; MAYOR'S SALARY DECREASE) Shall Section 2.05 and Section 2.11 of the City Charter be changed, effective on Monday, March 14, 1988, to establish a City Manager form of Government and reduce the salary of the Mayor from $19,500 to $4,800 per year? If you FAVQg a City Manager form of Government .................. VOTE .............. FOR AMENDMENT If you are A~A%~ a City Manager form of Government ............ VOTE .......... AGAINST AMENDMENT The polling places, which shall be open from 7:00 a.m. to 7:00 p.m. on March 10, 1987, are as follows: 1. QQ~%%~Y_ Q~g~ 1805 North Central Avenue, Sebastian, Florida. 2. CALVARY BAPTI~ CHURQ~ 123 Thunderbird Drive, Sebastian, Florida. 3. ~~%~ ~ ~Q~ 1101 Fellsmere Road, Sebastian, Florida. If a majority of the electors voting on this referendum vote ~[ the proposed changes in the City Charter as herein stated, the City Clerk shall file the newly amended Section 2.05 and Section 2.11 with the Florida Department of State and the charter change shall become effective as amended herein. The Charter shall thereby be changed effective immediately, but the implemen- tation of the change will not take place finally until March 14, 1988 as stated in Amended Charter. If the proposed referendum is not passed by a majority vote as stated above, the existing Charter shall remain as it presently reads. The full text of the two proposed Charter Amendments are as follows: ~Q~ 2.05: That paragraph (1) and sub-paragraph (a) of Section 2.05 of the Charter of the City of Sebastian, now reading as follows: "Sec. 2.05. Q~pensationA 9~penses. (1) The salary of the Mayor, vice-mayor and councilmen shall be paid monthly as follows: a. Mayor: One thousand six hundred and twenty-five dollars ($1,625.00.)" IS HEREBY AMENDED TO READ ~ FOLLQWS: "Sec. 2.05. Q~pensationA ~KDenses. (1) The salary of the Mayor, vice-mayor and councilmen shall be paid monthly as follows: a. Mayor: One thousand six hundred and twenty-five dollars ($1,625.00 until March 14, 1988, at which time the salary shall be reduced to four hundred dollars ($400.00)." That Section 2.11 of the Charter of the City of Sebastian, Florida, now reading as follows: "Sec. 2.11. ~p~rvision and ~a! or susR~R~iQR of ci~ (a) The mayor shall have general supervision over the fire department, the police department, the building official and all other city officers and may examine into the condition of the offices, books, records and papers thereof and the manner of conducting official business. He/she shall report to the city council all violations or neglect of duty of any official that may come to his/her knowledge. He/she shall make such recommendations about city business to the city council as he/she deems advisable. (b) The city council shall have authority to remove any city officer for cause by a vote of at least three (3) members. The mayor shall have authority to suspend any officer, except councilmen, for misconduct in office, or neglect of duty, reporting his/her action in writing, with reasons therefor, to the next regular meeting of the council or a special meeting called for such purpose, for its approval or disapproval. Notice of such suspension and the reasons therefore shall be given in writing to the suspended officer by mailing the same to his/her last known address, and the suspended officer shall have the right to a hearing before the city council. If the city council shall approve the action of the mayor, by a vote of at least three (3) members, in suspending such officer, such officer shall thereupon stand removed and his/her office vacated. If the council shall not approve the action of the mayor by a vote of at least three (3) members in suspending suCh officer, the officer shall resume his/her duties." IS HEREBY AMENDED TO READ AS FOLLOWS: "Sec. 2.11. ~i~ ~a~a~ n R~a and ~i~A ~moval of Q~ficers. (a) The City Manager when necessary shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with law and the personnel rules, and may authorize any Department Head to exercise these powers with respect to subordinates in the respective department, except as to dismissal of vested officers. The City Manager shall direct and supervise the administration of all departments of the city except the offices of the City Clerk and City Attorney and shall attend all Council Meetings unless excused by Council and shall have the right to take part in discussions, but not vote. He shall see that all laws, Charter provisions ordinances, resolutions, and other acts of the council subject to enforcement by him are faithfully executed. The City Manager shall also prepare and submit the annual budget, budget message, and capital program to the Councilm and shall keep the Council fully advised as to the financial condition and future needs of the City, and shall make such recommendations to the Council concerning the afairs of the City as he deems desirable. The City Manager shall designate a qualified city employee to exercise the powers and perform the duties of City Manager. The Council may revoke such designation at any time and appoint another eligible person, other than a sitting Councilman, to service as Acting City Manager. (b) The Council shall have authority to remove any city officer for cause by a vote of at least three (3) members. The City Manager shall have authority to suspend any officer, except Councilmen, for misconduct in office or neglect of duty, reporting his action in writing, with reasons therefor, to the next regular meeting of the Council or a special meeting called for that purpose, for its perliminary approval or disapproval. Notice of such suspension and the reasons in person or by mailing such notice to the last known address of the suspended officer. The suspended officer shall have a right to a hearing before the Council upon request, and shall be given a reasonable time to prepare such hearing. If the Council shall approve the action of the City Manager, by a vote of at least three (3) members, in suspending such officer, such officer shall thereupon be removed from office and the office vacated. If the Council shall not approve the action of the City Manager by a vote of at least three (3) members in suspending such officer, the officer shall resume his duties in office." The City Clerk is hereby instructed to cause two (2) notices of this election to be published pursuant to Section 100.342, Florida Statutes; to cause the ballot to be printed; to acquire the needed ballots for the voting machines and absentee ballots; to request the Registration Officer to deliver the registration books to the election inspectors appointed to conduct the election; to receive the returns and canvass the election officials and immediately publish the result of the referendum question. The City Clerk shall also provide instructions for the guidance of voters in preparing their ballots and to perform other acts necessary in order to conduct the said election. VIII The manner of balloting in this election shall be by the use of voting machines and absentee ballots. The City Clerk is here- by directed to secure the use of such voting machines as necess- ary to conduct this election from the Board of County Commission- ers of Indian River County, Florida, and is further authorized to acquire the services of the Supervisor of Elections of Indian River County, Florida, for the purpose of preparing and supervis- ing the voting machines prior to and during the election, includ- ing necessary deputies, deputy custodians and officers to proper- ly and legally conduct such election and to provide all needed supplies, machines, and forms for the holding of this said referendum. SECTI_QN I_X This RESOLUTION shall be effective on the~__~day of by~ FLORIDA L. Germ Harris, Mayor ATTE. ST: ~ Kathry~ M. Benjamin, City Clerk I HEREBY CERTIFY that the foregoing resolution on the calling of a refererendum on the question of changing the form of government of the City of Sebastian, Florida, from a Strong Mayor form to a City Manager form of government and to reduce the salary of the Mayor, effective on March 14, 1988, was duly passed~by the City Council of the City of Sebastian, Florida, on the_~__day of~__,1987, by a vote of -~ votes for passage and_J___ votes againMt passage of this said resolution. APPROVED AS TO FORM AND LEGAL SUFFIENCY: City Attorney R-87-4 6