HomeMy WebLinkAboutO-06-11 charter question #3 november
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Adopted but not codified until after
March 13, 2007 election
ORDINANCE NO. 0-06-11
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 SECTIONS 2.03 AND
2.06 (a) and (c) OF THE CITY CHARTER TO CHANGE ELECTIONS TO
NOVEMBER; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING FOR 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
parts of its City Charter; and
WHEREAS, in accordance with Article V of the City Charter, the Charter Review
Committee has met, held public hearings, and recommended certain revisions to the Charter;
and
WHEREAS, the City Council desires to submit the proposed amendments to the City
Charter for ratification by the electors of the City of Sebastian, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, that:
Section 1. That upon passage of the Referendum submitted hereunder, existing
Section 2.03 of the City Charter of the City of Sebastian, Florida, shall be amended to read as
follows:
"Sec. 2.03 Election.
(a) The office of m3yor, whose term expires in March, 199"1; shall be filled upon such
expiration as pro'.'ided in section 2.06 of this Ch3rter. Thereafter, [T]here shall be held
a general election of two (2) council members on the seoond first Tuesday followina the
first Mondav in MafGR November of each even-numbered year and of three (3) council
members in each odd-numbered year.
(b) The city eleotions shall have at large voting; provided that the city shall h3ve the
authority to submit by ordin3nce to the voters a referendum for the election of city
council by districts to be design3ted by the city council."
Section 2. That upon passage of the Referendum submitted hereunder, existing
Section 2.06, subsections (a) and (c) of the City Charter of the City of Sebastian, Florida, shall
be amended to read as follows:
"Sec. 2.06. Mayor; vice-mayor.
(a) Mayor--Selection and term. CemmeFlGiF!~ MarGA 1 QQ4, [A]fter the
seating of any newly elected council members at the soecial ~rst sGAeelwleel city
council meeting SWBS8€1W8F!t t8 tAe SeG8nel Tweselay in Marsh, held oursuant to
Section 2.04. 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 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. "
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"(c) Vice-mayor--Selection and term. Immediatelv subseauent to the
selection of a mavor. N the first r:e~wlarly SGAselwlsel Gity sswnsil meetiR~ SW8Se€lWent
te tAe sOGsnel Twsselay iF! MarGA 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. "
Section 2. ELECTION. An election is hereby called and scheduled for March 13,
2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida
shall be approved by the majority of the votes cast in such election, in which the qualified
electors residing in the City of Sebastian shall participate.
Section 3. POLLING PLACES. 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:
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Precinct
103
104
105
106
107
109
201
203
204
Location
St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian
VFW Post 10210,815 Louisiana Avenue, Sebastian
Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian
North Indian River County Library, 1001 CR 512, Sebastian
Sebastian Elementary School, 400 CR 512, Sebastian
North Indian River County Library, 1001 CR 512, Sebastian
Trinity Lutheran Church, 611Schumann Drive, Sebastian
Calvary Baptist Church, 123 Thunderbird Drive, Sebastian
Sebastian Christian Church, 190 Day Drive, Sebastian
Section 4. BALLOT. 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
Referendum #3
Amending Section 2.03 and 2.06 to change city elections to November.
Shall the City of Sebastian amend the City Charter to move annual elections from
March to November to coincide with state and federal general election dates?
Yes for Approval
No for Rejection
Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council. However, if the Question is approved, no further regular
elections shall be held in March, and the first November election shall be in 2008.
The foregoing Ordinance was moved for adoption by Councilmember
N e g 1 i a . The motion was seconded by Councilmember Pat ern 0 S t e r
and, upon being put to a vote, the vote was as follows:
Mayor Brian Burkeen aye
Councilmember Nathan McCollum a b S en t
Councilmember Andrea Coy aye
Councilmember Sal Neglia aye
Councilmember AI Paternoster aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 11 t h day of
October ,2006.
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CITY OF SEBASTIAN, FLORIDA
By: :i?~
ayor Brian Burkeen
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 on the
Ordinance was held on the 27 t h day of S e p tern be lj 2006, and that following said public
hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot.
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Sally A. Mai , MMC
City Clerk ....
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