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HomeMy WebLinkAboutO-06-18ORDINANCE NO.O-06-18 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 5.03 OF THE CITY CHARTER TO SHORTEN THE CHARTER REVIEW CYCLE FROM SEVEN TO FIVE YEARS; 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 5.03 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 5.03. Charter review committee. Not later than April 15 of the year 1999 and of every ~~ 5th year thereafter, the city council shall appoint a charter review committee to review the Charter of the city. Each charter review committee shall consist of fifteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee." It shall, within six (6) months from the date of its formation, present to the city council its final recommendation for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its recommendations to the city council. The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose." 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 #10 Amending Section 5.03 to require that the Charter Review Committee meet every five years. Shall the City of Sebastian amend the City Charter to provide that the Charter Review Committee meet every five years instead of seven years? 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 Paternoster , The motion was seconded by Councilmember Neglia 2 and, upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Nathan McCollum a b s e n t Councilmember Andrea Coy a y e Councilmember Sal Neglia aye Councilmember AI Paternoster a y e The Mayor thereupon declared this Ordinance duly passed and adopted this 1 1 thday of October , 2006. CITY OF SEBASTIAN, FLORIDA ATTE_ ST: ~1 '~.~ ~~ Sally A. M o, MMC City Clerl By: Mayor Brian Burkeen Approved as to form and legality for relianc th City of Sebastian only: Rich Stringer, City Attorne 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 September 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. ~,_ Sally A. Maio MC City Clerk