HomeMy WebLinkAboutO-06-09ORDINANCE NO.O-06-09
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 1.02(1) OF
THE CITY CHARTER TO RESTRICT THE CITY'S ABILITY TO PURCHASE
LAND; PROVIDING FOR THE 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 1.02 (1) of the City Charter of the City of Sebastian, Florida, shall be amended to read
as follows:
"Sec. 1.02 Extraterritorial powers.
(1) Acquisition of property. To acquire by purchase, gift, devise, condemnation,
lease or otherwise, real or personal property or any estate therein, or riparian right or
easements therein, within or without the city, to be used for any municipal purpose, including
cemeteries or places for burial of the dead; streets and highways, public parking lots or spaces;
bridge and tunnels sites; the construction of a telephone system; plants, works and wells and
other equipment necessary for supplying said city with water, ice, gas for illuminating and
heating purposes, and electric power for illuminating, heating and other purposes; the location
of waterworks and sites for public utility works; the establishment of poor houses, houses of
detention and correction; hospitals for the cure or detention of the sick; jails; market houses,
public parks, playgrounds, airports, docks, sea walls, yacht harbors, wharves, warehouses,
promenades; plants for cremating, neutralizing or otherwise destroying sewerage, garbage and
refuse; for extension of sewer and drainage pipes and watermains; and for any public or
municipal purpose; and to improve, sell, lease, pledge or otherwise dispose of same or any part
thereof for the benefit of the city, to the same extent that natural persons might do, in the
manner provided in this Charter. Anv land purchase in excess of ten percent of the ea neral
fund of the current budaet vear shall reauire two appraisals. If the purchase price is in excess of
the averaae of two appraisals. approval of the purchase would reauire a supermaiority vote of
four members of 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, 611 Schumann 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 #1
Amending Section 1.02(1) to restrict City's ability to purchase land without
supporting appraisals.
Shall the City of Sebastian amend Section 1.02(1) of the City Charter to restrict the
ability of City Council to purchase land without supporting appraisals and requiring a
supermajority vote in certain cases?
Yes for Approval
No for Rejection
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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
Paternoster The motion was seconded by Councilmember C o y
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
aye
absent
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 11 th day of
October ,2006.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
~~ ~ l
Sally A. Ma' , MMC
City Cle
By: ~~~--
ayor Brian Burkeen
Approved as to form and legality for
relian by the City of Sebastian only:
\ ~.
Rich Stringer, City rney
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 2 ~ th day of September 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. Maio„ MC
City Clerk `~
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