HomeMy WebLinkAboutO-06-16 charter QUESTION #8 attorney
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Adopted but not codified until after
March 13,2007 election
ORDINANCE NO. 0-06-16
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 3,09 OF THE CITY CHARTER
TO REMOVE PROVISIONS IN CONFLICT WITH CHARTER OFFICER AUTHORITY
OF CITY ATTORNEY; 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 3.09 of the City Charter of the City of Sebastian, Florida, shall be amended to read as
follows:
"Sec. 3.09. City attorney.
(a) There shall be a city attorney of the city who shall serve as chief legal advisor to
the city council the mayer and all city departments, offices and agencies, shall
represent the city in all legal proceedings and shall perform any other duties prescribed
by this Charter or by ordinance.
(b) The city council shall have authority to retain additional counsel in specific actions
or proceedings in its discretion. AI&o, the sity smmeil may I3re'lise BY ersiFt6lFlsB fer the
6ls€litisAal sft'i€le sf ans the al3l3eiAlment ef aFt aeeietant sit)' atterAsy '.vRBFt tRB wei~ht sf
the €lily attemey'e sbltiee insfeaeee te eblsh an oxtSFtt that the sit)' €lEHJR8il sems
Clsvisaels er nesessary.
(c) The city attorney shall receive such compensation as may be determined by the
city council."
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, 611Schumann Drive, Sebastian
203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian
204 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 #8
Amending Section 3.09 (b) to remove provisions conflicting with the city
attorney's authority as a charter officer to appoint an assistant city attorney.
Shall the City of Sebastian amend the City Charter to remove provisions for the city council to
provide for the additional office of assistant city attorney by ordinance since this conflicts with the
authority of the city attorney as a charter officer to administer his office?
Yes for Approval
No for Rejection
Section 5. 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 by Councilmember
Coy . The motion was seconded by Councilmember N e g li a
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
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The Mayor thereupon declared this Ordinance duly passed and adopted this 11 t h day of
October ,2006.
CITY OF SEBASTIAN, FLORIDA
BY:~
Mayor Brian Burkeen
ATTEST:
Approved as to form and legality for
reliance by the City of Sebastian only:
Sl
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 1; 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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