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Home My WebLink AboutO-93-03 ORDINANCE NO. 0-93-03 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 II OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF MAYOR BY THE CITY COUNCIL FROM AMONG ITS MEMBERS; AMENDING SECTION 2.01 OF THE CITY CHARTER TO PROVIDE FOR A CITY COUNCIL CONSISTING OF FIVE COUNCIL MEMBERS; AMENDING SECTION 2.02 OF THE CITY CHARTER TO PROVIDE FOR THE CRITERIA OF ELIGIBILITY OF CITY COUNCIL MEMBERS; AMENDING SECTION 2.03 PERTAINING TO THE PROCEDURE FOR ELECTING CITY COUNCIL MEMBERS; AMENDING SECTION 2.04 TO PROVIDE FOR THE TERM OF THE MAYOR; AMENDING SECTION 2.06 OF THE CITY CHARTER PROVIDING FOR THE PROCEDURE FOR ELECTING THE MAYOR AND VICE-MAYOR; 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; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF 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, the City Council of the City of Sebastian, Indian River County, has determined that certain revisions should be made to the City Charter in order to provide for the Mayor to be elected by the City Council from among its members; 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 the existing section 2.01 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said section in its entirety and adding the following provision in lieu thereof: "Sec. 2.01. composition. There shall be a city Council consisting of five (5) council members elected by the qualified voters of the City at large." section 2. That the existing section 2.02 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said section in its entirety and adding the following provision in lieu thereof: "Sec. 2.02. Eligibili ty. No person shall be eligible to hold the office of council member unless he or she is a qualified elector in the City and actually continually resided in the city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office." Section 3. That the existing section 2.03 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said section in its entirety and adding the following provision in lieu thereof: "Sec. 2.03. Election. - 2 - (a) The office of Mayor, whose term expires in March, 1994; shall be filled upon such expiration as provided in section 2.06 of this Charter. Thereafter, there shall be held a general election of two (2) council members on the second Tuesday in March of each even- numbered year and of three (3) council members in each odd-numbered year. (b) The City elections shall have at large voting; provided that the City Council shall have the authority to submit by ordinance to the voters a referendum for the election of City Council by districts to be designated by the City Council." section 4. That the existing section 2.04 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said section in its entirety and adding the following provision in lieu thereof: "Sec. 2.04. Terms. (a) The terms of the council members shall be for two (2) years, or until a successor has been duly elected or appointed and sworn. (b) The term of each newly elected council member shall begin on the Monday following the election, at a special meeting of the City Council to be held for the purpose of swearing in such newly elected officials. If a regular City Council meeting is to be held the Monday - 3 - following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting." section 5. That the existing section 2.06 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said section in its entirety and adding the following provision in lieu thereof: "Sec. 2.06. Mayor; vice-mayor. (a) Mayor - Selection and term. Commencing March 1994, after the seating of any newly elected council members, at the first scheduled City Council meeting subsequent to the second Tuesday in March, the new City Council shall, as the first order of business, elect a Mayor from among its members. The incumbent Mayor or in his or her absence, the vice-mayor or in his or her absence, the senior member of City Council, shall ask for nominations for Mayor. After all nominations have been made, the nominations shall be closed. The City Clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected Mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate - 4 - themselves. Only elected council members shall be eligible for the office of Mayor. (1) If there is no Mayor seated on the new or existing City Council, a temporary City Council chairperson may be elected from the incumbent members of the City Council for the purpose of electing a Mayor as set forth above. (2) In the event there is only one nomination and second for Mayor, the nominee shall be seated as Mayor. (b) Mayor - Duties, General. The Mayor shall preside at each meeting of the City Council, shall have a vote upon matters before the City Council, but shall not possess a veto power. The Mayor shall have the power to preserve peace and order, be recognized as the head of the City government for all ceremonial purposes, and shall be recognized by the Governor as the head of the City government for purposes of military law. The Mayor shall sign all contracts, bonds, debentures, franchises and official documents on behalf of the City as directed and authorized by the City Council, which shall also be attested by the City Clerk. (c) Vice-mayor - Selection and term. At the first regularly scheduled City Council meeting subsequent to - 5 - the second Tuesday in March, the City Council shall elect a vice-mayor from among its members. The term of the vice-mayor shall be for one year or until his or her successor is elected. The vice-mayor shall be elected using the same procedure as for the election of Mayor. (d) Vice-mayor - Duties, General. In the absence or disability of the Mayor, the vice-mayor shall serve as Mayor dur ing such absence or disabi I i ty . In the absence or disability of both the Mayor and vice-mayor, the senior member of City Council shall serve as Mayor during such absence or disability." Section 6. An election is hereby called and scheduled to be held on March 9, 1993, 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 7. 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 - 6 - ~ Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12.......................The Sebastian Community Center 1805 North Central Avenue Precinct 14.......................First Church of the Nazarene 50 South Wimbrow Drive Precinct 15.......................The North Indian River County Library 1001 Fellsmere Road (CR 512) Precinct 16.......................Calvary Baptist Church 123 Thunderbird Drive The polls shall open at such voting places on March 9, 1993, 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 8. 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: BALLOT CITY OF SEBASTIAN, FLORIDA Refersndum Referendum No.2: Amending the City Charter regarding terms and the election of Mayor and vice-mayor. Shall the City of Sebastian amend the City Charter to eliminate separate elections for Mayor and provide for the election - 7 - . . of Mayor from among the City Council members commencing in March, 1994, to provide for annual terms for the Mayor and vice-mayor, and to conform remaining provisions with these amendments? Yes for Approval No for Rejection section 9. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was member CJllfAY\- Council member LJ~ moved for adoption by Council The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council member carolyn Corum Council member Peter R. Holyk Council member George G. Reid ~ fLtL The Mayor thereupon declared this Ordinance duly passed and adopted this cJ~ day of 1993. ATTEST: 'Mi2"--../ CMC/AAE - 8 - , . . ~ 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 heari~g '- was held on this Ordinance at 7:00 p.m. on the 02~day of ~~ ,1993, and that following said public hearing this Ordinan e was passed by the City Council. Approved a~Form and Content: / /~ t Charles Ian Nash, City Attorney - 9 -