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HomeMy WebLinkAboutO-06-14 charter QUESTION #6 departments Adopted but not codified until after March 13,2007 election ORDINANCE NO. 0-06-14 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 SECTION 3,01 OF THE CITY CHARTER TO REMOVE CONFLICTS WITH THE COUNCIUMANAGER FORM OF GOVERNMENT; 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 3.01 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 3.01. Creation, (a) The €lit)' €l€H:lR€lil may estaBli&R €lity €!B~aFl:msRts, smsss er a€lBReiBs iR a€!€!itisR to thoso BK~rBssly €lreate€! in the City Charter aR€! may ~reseriBe tAg f1.metieRs sf all e!e~aFl:mElRts, effieEls aFle! a€lBFleies. ~JetwithstanEliFl€l tAS fefs€leiFl~ eSFltsFles, Fie fIoIR€ltiElFl s~El€lifieally assi€lFls€! iFl tAS City CAartsr te a ~aFl:i€lldlar €!e~artmsRt. smee er a€loRey may BEl e!iseentiF'lldoe! er rsassi€lnse! to a e!iffefBFlt e!s~artmsF'lt. smes er a~sFley BY tRB eity eeldReil, B){eB~t te tRB extent allowaBle ldFle!sr tRS pfovisiens sf tRS City Charter. ~ The city manager, city clerk and city attorney are designated Charter officers." 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: Precinct Location 103 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210,815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611 Schumann Drive, Sebastian 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian Section 5, 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 #6 Deleting paragraph (a) of Section 3.01 to remove provisions conflicting with council/manager form of government. Shall the City of Sebastian amend the City Charter to repeal provisions regarding creation and function of city departments which conflict with the Council/Manager form of government? Yes for Approval No for Rejection Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption Pat e rno s t e r . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster by Councilmember Neglia aye absent aye aye aye 2 The Mayor thereupon declared this Ordinance duly passed and adopted this 11 t h day of October ,2006. CITY OF SEBASTIAN, FLORIDA By: P?K- Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian only: , )'"' <; Rich tringer, City Att 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 r, 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. J~d~} 7t Sally A. Maio MC City Clerk " 3