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HomeMy WebLinkAboutO-06-16Note: Ballot title has changed to reduce the number of words to less than 15. ORDINANCE NO.O-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 ~ 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. , (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, 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 #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 The motion was seconded by Councilmember N e g i i a 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 2 The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of October , 2006. ATTEST: -? i //I ~~: ~ i Gtr Sally A. Mai ,MMC City Cler CITY OF SEBASTIAN, FLORIDA Q By: Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian only: Rich tringer, City Attor y 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 7th day of S e p t em b e ~ 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. ~' -, ~~>~ ~ ~ Sally A. Mai ,MMC City Cler 3 arc a SEe~-sriAN . _ ;~ F10ME OF PF1tUN ISIAND 1225 Main Street Sebastian, Florida 32958 Subject: Referendum Question #8 Agenda No: >~f`0. b(n Z Adopted by rdinance No. 0-06-16 Department Origin: City Clerk Red ce of Title to 15 Words or Less City Attorney: A ov Submittal by: Date Submitted: 12/5/06 For Agenda of: 1 13/06 er, City Manager City Attorney: Florida Statutes Section 101.161 Referenda; ballots.-- (1) Whenever a constitutional amendment or other public measure is submitted to the vote of the people, the substance of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot after the list of candidates, followed by the word "yes" and also by the word "no," and shall be styled in such a manner that a "yes" vote will indicate approval of the proposal and a "no" vote will indicate rejection. The wording of the substance of the amendment or other public measure and the ballot title to appear on the ballot shall be embodied in the joint resolution, constitutional revision commission proposal, constitutional convention proposal, taxation and budget reform commission proposal, or enabling resolution or ordinance. Except for amendments and ballot language proposed by joint resolution, the substance of the amendment or other public measure shall be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. In addition, for every amendment proposed by initiative, the ballot shall include, following the ballot summary, a separate financial impact statement concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371(5). The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is common) referred to ors oken of. SUMMARY STATEMENT City Council adopted Ordinance No. 0-06-16 on October 11, 2006. This ordinance placed Referendum Question #8 on the March 13, 2007 ballot. In reviewing the ordinances and in preparation for election items which are on this agenda, I discovered that the ballot title for question #8 did not meet Florida law which requires ballot titles to be 15 words or less and ballot summaries to be 75 words or less. The City Attorney has advised that it is not necessary to re-advertise and re-adopt Ordinance No. 0-06-16, but to simply ask Council to consent to changing the ballot title to comply with Florida law. The ballot title in question #8 was 22 words. Question #8 will now read as follows: REFERENDUM QUESTION #8 Amending Section 3.09 (b) to remove conflicts with ##~e city attorney's authority as a charter officer 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 RECOMMENDED ACTION Consent to reducing the ballot title for question #8 to 15 words to read "Amending Section 3.09 (b) to remove conflicts with city attorney's authority as a charter office".