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HomeMy WebLinkAboutO-06-17 charter question #9 election laws Adopted but not codified until after March 13,2007 election ORDINANCE NO. 0-06-17 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 DELETE SECTIONS 4,05,4.10 AND 4,11 AND AMEND SECTIONS 4.02 AND 4,07 OF THE CITY CHARTER TO COMPLY WITH STATE ELECTIONS LAW; 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 4.02 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 4.02. Filing of candidate's oath; fee. (a) Each candidate, in order to qualify for election to the office of council member, shall take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be furnished to the candidate by the city clerk and shall comply with the provisions of Florida law. (b) The oath set forth in subsection (a) shall be filed with the city clerk at least sixtv (60) days ferty five (48) , but no more than seventv-five (75) sixty (99) days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth bv Code GIS previeleel BY IGlw ." Section 2. That upon passage of the Referendum submitted hereunder, existing Section 4.05 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown: Sec. 4,05, [Reserved] CalliRB aR eleetieR by r..eselutieR. /\11 elestiens sAall Be Galles BY ~reslamatien ef the mayer iSSblElS RSt Isss tAaA thirty (89) says ssfers sblsh elestien ans shall Be sensblstes eXGe~t as etAerv.'ise sf3ssifieally ~revises, b1RSer the f3rsvisisRS ef the geReml slsetieR laws sf the state, \VheA Ret inseRsistent '.vith tAe f3rsvisisfls ef this Charter. SASblls tRe maYElr fail E1r refl;lss ts eall aflY eleetiElfl ifl sble tims, the sit)' seblReil sAall SS se BY reselbltieR. Section 3. That upon passage of the Referendum submitted hereunder, existing Section 4.07 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 4.07. Elections--How arranged; inspectors and clerks. The city council, in conjunction with the city clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof. Prior to the aualifvina dates orovided herein rtlhe city council shall adopt a resolution callina anv such election, b1~en the salling ef afl elestien stating therein where the election shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law." Section 4. That upon passage of the Referendum submitted hereunder, existing Section 4.10 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown: "Sec. 4.10. [Reserved]" VetiRB maehiRes. TAEI €lily is AereBY abltAsrizss tEl blSS vetin!3 mashines ifl tRe Relsiflg Elf all sity elestiefls, !3ener.a1 er s~esiGlI. Section 5. That upon passage of the Referendum submitted hereunder, existing Section 4.11 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown: "Sec. 4.11. [Reserved]" AbseRtee '/etiRB. ABsentes vetiR!3 shall Be ~ermittes iA all mblnisif3al E1le€ltiens in the same maRner as flEI'''.', er Aersafter ~re'.'ises fer in senFlestien witA state ans seblflty eleGtieFls. Section 6. 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. 2 Section 7. 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 8. 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 #9 Amending Sections 4.02(b), 4.07, deleting Sections 4.05,4.10,4.11, to comply with state elections law. Shall the City of Sebastian amend the City Charter to change the time for filing of the candidate qualifying oath to at least sixty (60) days prior to the day of the election; remove ballot provisions superceded by state law, and to repeal the requirement for the Mayor to call the election by proclamation since the City Charter already provides for the calling of elections by resolution of the council? Yes for Approval No for Rejection Section 9. 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 N e g li a . The motion was seconded by Councilmember Co y and, upon being put to a vote, the vote was as follows: 3 Mayor Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Council member AI Paternoster aye absent aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this ---1...1..!....h day of Oct 0 b e r , 2006. CITY OF SEBASTIAN, FLORIDA By: ~___ Mayor Brian Burkeen t5~))1 Approved as to form and legality for relianc by the City of Sebastian only: ,~ 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 ? 7 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. (... ! '--Jti~ i(. ) /1- Sally A. Maio, M C City Clerk . 4