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HomeMy WebLinkAboutR-04-52RESOLUTION NO. R-04-52 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE NOVEMBER 2, 2004 SPECIAL ELECTION FOR A NON-BINDING REFERENDUM; PROVIDING FOR DECLARATION OF OFFICIAL RESULTS OF THE INDIAN RIVER COUNTY CANVASSING BOARD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council, pursuant to Section 4.04 of the City Charter, adopted Resolution No. R-04-40 on September 8, 2004, calling for a special election for a non-binding referendum; and WHEREAS, the City Clerk of the City of Sebastian, pursuant to Section 100.021 of the Florida Statutes, published notice of the special election twice in the Vero Beach Press Joumal, a newspaper of general circulation. WHEREAS, the City Clerk posted the special notice of the special election on the official announcement board located at City Hall; and WHEREAS, by virtue of the Presidential Election on November 2, 2004, canvassing was conducted by the Indian River County Canvassing Board in accordance with State law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. DECLARATION. The City Council of the City of Sebastian, Indian River County, Flodda, hereby accepts the official returns provided by the Canvassing Board for Indian River County for the City of Sebastian special election, held on November 2, 2004, in conjunction with the Presidential Election, as attached hereto as Exhibit "A". SECTION 2. RECORDING. The City Clerk is hereby directed to enter the results of the special election in the official minutes of the City Council meeting during which this Resolution is adopted. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember Coniglio The motion was seconded by Councilmember ~onier and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum aye Vice Mayor Joe Barczyk aye Councilmember Ray Coniglio aye Councilmember Lisanne Monier aye Councilmember Mike Heptinstall The Mayor thereupon declared this Resolution duly passed and adopted this 17th day of November, 2004. CITY OF SEBASTIAN, FLORIDA Nathan McCollum,-Mayor "- Approved as to Form and Content for Reliance by the City of Sebastian Only: Sally A..M'aio, MMC - City Clerk (SEAL~v CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA Indian River County We, the undersigned, Joe Wild, County Judge, Kay Clem, Supervisor of Elections, and Fran Adams, Member of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 12th day of November, A.D., 2004, and proceeded publicly to canvass the votes given for the Non- Binding Referendum herein specified at the General Election held on the 2nd day of November, A.D., 2004 as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: CITY OF SEBASTIAN NON-BINDING REFERENDUM If land next to the City is designated for development, should the City annex it? YES dj 238 NO t.J: 8 ~'~ Joe W~ty~J~dge votes votes Kay Cle~n, Supervisor of Elections Fran Adams, Board of County Commissioners HOME OF PELICAN ISLAND MEMORANDUM To: From: Subject: Mayor McCollum and City Council Members Sally Maio, CMC - City Clerk ~-4~- Requested Addition to 11/17/04 Consent Agenda - Resolution No. R-04-52 Non-Binding Referendum Official Canvassing Board Results Date: Cc: 11/16/2004 Terrence Moore, City Manager; Rich Stringer, City Attorney; Jeanette Williams, Deputy City Clerk I am requesting the addition of the following item to the November 17, 2004 Consent Agenda: Resolution No. R-04-52 - Official Indian River County Canvassing Board Results for 1112104 Special Election - Non-Binding Referendum on Annexation The City Charter is clear as to certification of results for a general election, however, it is not clear for a non-binding referendum conducted at a special election, therefore since the official Indian River County Canvassing Board results were certified last Friday, we are requesting placement of the results resolution on this agenda. Attached to this memo please find: · Resolution No. R-04-52 w/Attached Official Canvassing Board Certification of Results ,sam