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HomeMy WebLinkAboutO-06-11r 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) ; T~~R~6~vfrr"'rraTnr~r~'reu°~--+ccrT'''''ri-°cRp~'rr~e$~n~vra~6~,~~4; eh~ll ho filler! ~ ~nr.n c~ ~nh ~nir~+inn ,~ .,rr,,,;,~s~+;,.., ~.n~ .,f +-„~ vh,~~h~~n~-, ~T]here shall be held a general election of two (2) council members on the seser~d first Tuesday followina the first Mondav in t~Ek- November of each even-numbered year and of three (3) council members in each odd-numbered year. (b) The city elections shall have at large voting; ^rr."iaoa +h,+ +tio ,.;+., ~h,u h,,,e +ho ,~utheri#~e--su ~he~ei~ a-r~er~;Q~~,~s; t;'ti ~le~+~^~,-~-oity .„ 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. [A]fter the seating of any newly elected council members at the s~ ~e~led city council meeting held pursuant 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. " "(c) Vice-mayor--Selection and term. Immediately subseouent to the selection of a maw the city council shall elect avice-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: 2 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 #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 Nx~glia The motion was seconded by Councilmember P a t e r n o 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 e n t Councilmember Andrea Coy aye Councilmember Sal Neglia aye Councilmember Al Paternoster aye The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of October , 2006. 3 CITY OF SEBASTIAN, FLORIDA ATTEST: r'`- `` ~, / Sally A. M ,MMC City Cler By: -c~'~~-- ayor Brian Burkeen Approved as to form and legality for relian the City of Sebastian only: r i 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 27th 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. ~.. ~" ~ „ ` f ~ ? ~~ Sally A. Mai ,MMC City Clerk 4