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ORDINANCE NO. 0-05-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN
ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN
ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO LIMIT THE
ABILITY OF CITY TO UTILIZE EMINENT DOMAIN FOR ECONOMIC
DEVELOPMENT PROJECTS; PROVIDING FOR THE MANNER IN WHICH SUCH
ELECTION SHALL BE CONDUCTED; ESTABLISmNG THE FORM OF THE
BALLOT FOR SUCH ELECTION; 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, recent legal decisions upholding the use of eminent domain to acquire
property on behalf of private parties for purposes of economic development have concerned the
citizens of Sebastian; and
WHEREAS, the City Council desires to submit an amendment to the City Charter on
this issue 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 1.02 (11) of the City Charter of the City of Sebastian, Florida, shall be amended to add a
paragraph as follows:
Section 1.02 Extraterritorial powers.
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(11) Eminent domain.
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The city shall not use the power of eminent domain for a project having the purpose
of transferring rights in the properties acquired to a private party in pursuit of
economic development.
Section 2. An election is hereby called and scheduled to be held on March 14, 2006,
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 by the qualified electors residing in the
City of Sebastian.
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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. 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 question shall be substantially in the following form:
Referendum
Amending Section 1.02(11) concerning eminent domain power.
Shall the City of Sebastian amend the City Charter to add the following provision?
"The city shall not use the power of eminent domain for a project having the purpose of
transferring rights in the properties acquired to a private party in pursuit of economic
development. "
Yes for Approval
No for Rejection
Section 5. This Ordinance shall become effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilmember Coy
The motion was seconded by Councilmember Neglia and upon, being put to a
vote, the vote was as follows:
Mayor Nathan McCollum aye
Vice-Mayor Brian Burkeen aye
Councilmember Lisanne Monier na y
Councilmember Andrea Coy aye
Councilmember Sal Neglia aye
The Mayor thereupon declared this Ordinance duly adopted this 26th day of October, 2005.
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CITY OF SEBASTIAN, FLORIDA
By: 4A~
Mayor Nathan B. McCollum
Sally A.
City Cle
Approved as to form and legality for
reliance by the City of Sebastian only: