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HomeMy WebLinkAboutO-06-15 charter QUESTION #7 police ORDINANCE NO. O-06-15 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 3.06 AND DELETE SECTIONS 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A POLICE DEPARTMENT BUT RESOLVING CONFLICTS WITH COUNCIL/MANAGER FORM OF GOVERNMENT; 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 3.06 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: “Sec. 3.06. Police Department. “The City of Sebastian shall maintain its own Police Department, and daily operations of said police department will be overseen by a chief of police who will be a certified police officer and who will come under the purview of the city manager”. Section 2 . That upon passage of the Referendum submitted hereunder, existing Section 3.07 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety and reserved. Sec. 3.07. Chief of police--Duties and authority. It shall be the duty of the chief of police to attend meetings of the city council as directed by the city manager; to aid in the enforcement of order and to enforce the city's ordinances, to execute all papers and processes of the city or its authorities; and to perform such other duties as may be lawfully required of him/her. Section 3. That upon passage of the Referendum submitted hereunder, existing Section 3.08 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown and reserved: Sec. 3.08. Same--Officers. The chief of police and all sworn police officers shall have the power to bear arms and make arrests as provided by Florida law and/or as may be provided by ordinance adopted by the city council. Section 4ELECTION . . 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 5. 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 6. 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 #7 Amending Section 3.06, deleting 3.07, and 3.08 to provide for City Police Department; removing conflicts. Shall the City of Sebastian amend the City Charter to adopt an official policy that the City shall maintain its own Police Department which will be overseen by a police chief who will be a certified police officer and who will act under the purview of the City Manager? ______________ Yes for Approval ______________ No for Rejection Section 6. 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 __________________ 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 Al Paternoster _______________ The Mayor thereupon declared this Ordinance duly passed and adopted this _____ day of ____________, 2006. CITY OF SEBASTIAN, FLORIDA By: _________________________ Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: _____________________________ Sally A. Maio, MMC City Clerk _____________________________ Rich Stringer, City Attorney 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 _______day of __________, 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, MMC City Clerk