HomeMy WebLinkAboutO-06-15ORDINANCE 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.
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:
Section 4. 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 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, 611 Schumann 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
McCollum The motion was seconded by Councilmember coy
and, upon being put to a vote, the vote was as follows:
Mayor Brian Burkeen _ aye
Councilmember Nathan McCollum aye
Councilmember Andrea Coy _aye
Councilmember Sal Neglia aye
Councilmember AI Paternoster aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of
December ,2006.
ATTEST:
-.-
Sally A. M o, MMC
City Cle
CITY OF SEBASTIAN, FLORIDA
Bye/ ~~~i
Mayor Brian Bur teen
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich tringer, Cit A 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 13th day of December 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. Mai MMC
City Clerk