HomeMy WebLinkAboutSebastian Charter - Part 1�
PAR,T I
CIIARTER*
Article I. Creation and Powers
Sec. 1.01. Creation and powers.
Sec. 1.02. Extraterritorial powers.
Sec. 1.03. Intergovernmental relations.
Sec. 1.04. Boundaries.
Sec. 1.05. Existing businesses may continue after annexation.
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2.01.
2.02.
2.03.
2.04.
2.05.
2.06.
2.07.
2.08.
2.09.
2.10.
2.11.
2.12.
2.13.
2.14.
2.15.
2.16.
Article II. City Council
Composition.
Elig-ibility.
Election.
Term commencement.
Compensation.
Mayor; vice-mayor.
General powers and duties.
Vacancies; forf'eiture of office; filling of vacancies.
Judge of qualifications.
City council-employee relationship.
Investigations.
Procedure.
Emergency ordinances.
Codes of technical regulations.
Authentication and recording; codification; printing.
Standing committees.
Article III. Administration and Legal Departments
Division 1. Generally
Sec. 3.01. Creation.
Sec. 3.02. Appointment lof Charter officersJ.
Sec. 3.03. Removal [of Charter of'ficers�.
Sec. 3.04. City manager; powers and duties.
Sec. 3.05. City clerk.
*Editor's note—Printed herein is the Home Rule Charter of the City of Sebastian adopted
by Ordinance Number 0-78-9 on October 9, 1978, and approved at referendum on December
11, 1978. The Charter became effective January 1, 1979. Obviously misspelled words have
been corrected without notation. Words added for clarification have been added in brackets.
Amendments have been included and are indicated by a history note immediately following
the amended section.
State law references—Municipal Home Rule Powers Act, F.S. ch. 166; Charter amend-
ments, F.S. § 166.031.
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Division 2. Police Department
Sec. 3.06. Police department.
Sec. 3A7. Reserved.
Sec. 3.08. Reserved.
Sec. 3.09
Sec. 4.01.
Sec. 4.02.
Sec. 4.03.
Sec. 4.04.
Sec. 4.05.
Sec. 4.06.
Sec. 4.07.
Sec. 4.08.
Sec. 4.09.
Sec. 4.10.
�ec. 4.11.
Sec. 4.12.
Sec. 4.13.
Sec. 4.14.
Division 3. Legal
City attorney.
Article IV. Elections
Adoption of state election laws.
Filing of candidate's oath; fee.
Reserved.
Special election for other purposes.
Reserved.
Reserved.
Reserved.
City canvassing board; canvass of election returns.
Same—Ballots.
Reserved.
Reserved.
Election procedures; tie vote.
Reserved.
Interim government.
Article V. General Provisions
Sec. 5.01. Severability of provisions.
Sec. 5.02. Effective date.
Sec. 5.03. Charter review committee.
Sec. 6.01
Sec. 6.02
Sec. 6.03
Sec. 6.04
Sec. 6.05
Article VI. Transition
Title to property reserved.
Reserved.
Reserved.
Ordinances preserved.
Continuation of former Charter provisions.
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CHARTER § 1.02
AR,TICLE I. CREATION AND POWERS*
Sec. 1.01. Creation and powers.
The City of Sebastian, Florida, as now established, shall continue to be a municipal body
politic and corporate in perpetuity under the name "City of Sebastian" and, under that name,
shall have all governmental, corporate, and proprietary powers to enable it to conduct
municipal government, perform municipal functions and render municipal services, and may
exercise any power for municipal purposes except as otherwise provided by law.
Sec. 1.02. Extraterritorial powers.
In addition to the powers enumerated herein, the city shall be vested with all extraterri-
torial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as
follows:
(1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or
otherwise, real or personal property or any estate therein, or riparian right or
easements therein, within or without the city, to be used for any municipal purpose,
including cemeteries or places for burial of the dead; streets and highways, public
parking lots or spaces; bridge and tunnels sites; the construction of a telephone system;
plants, works and wells and other equipment necessary for supplying said city with
water, ice, gas for illuminating and heating purposes, and electric power for illumi-
nating, heating and other purposes; the location of waterworks and sites for public
utility works; the establishment of houses of detention and correction; hospitals for the
cure or detention of the sick; jails; market houses, public parks, playgrounds, airports,
docks, sea walls, yacht harbors, wharves, warehouses, promenades; plants for cremat-
ing, neutralizing or otherwise destroying sewerage, garbage and refuse; for extension
of sewer and drainage pipes and watermains; and for any public or municipal purpose;
and to improve, sell, lease, pledge or otherwise dispose of same or any part thereof for
the benefit of the city, to the same extent that natural persons might do, in the manner
provided in this Charter. Any land purchase in excess of ten percent of the general f'und
of the current budget year shall require two appraisals. If the purchase price is in
excess of the average of two appraisals, approval of the purchase would require a
supermajority vote of four members of Council.
(2) Docks, wharves, sea walls. To establish, construct, maintain, operate and control public
landings, piers, wharves and docks within and without the city, and to acquire lands,
riparian rights or other rights and easements necessary for such purposes; to control
and regulate the operation of boats and the speed thereof; to lay and collect reasonable
duties, charges or fees on vessels or watercraft coming into or using such landings,
wharves, and docks; to regulate the manner of using any and all wharves and docks
within and without the city and the rates of wharfage or charges to be paid by vessels
or other watercraft using the same.
*State law reference—Home rule powers generally, F.S. § 166.021.
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(3) Use of public lands and waters. To regulate and control the use and occupancy of the
waters, waterways, water bottoms, wharves, causeways, bridges, beaches, streets,
thoroughfares, alleys, parks, public lots, and other public places in the city and
municipally owned or leased property within or without the city limits; and to impose
and enforce adequate penalties for violation of such rules and regulations.
(4) Public utilities. To furnish any and all local public services, including electricity, gas,
water, lights, or transportation, and to charge and collect necessary fees or charges
therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any
public utilities, electric light system, telephone and telegraph system, waterworks and
plants, ice plants, and works, gas plants and distribution systems, bus or transit
systems, radio broadcasting stations, television stations, cablevision rebroadcasting
systems, telephone systems, or other public utility; to establish, impose and enforce
rates and charges for supplying such services or conveniences by the city to any person,
persons, firm or corporation; to furnish any and all local public services to persons,
firms, industries, or municipal corporations residing or located outside of the limits of
said city. To acquire in any lawful manner in the State of Florida such water, lands and
lands under water as the city council may deem necessary for the purpose of providing
an adequate water supply for said city and the piping and conducting of the same, to
make reasonable rules and regulations for promoting the purity of its said water
supply and protecting the same f'rom pollution and for this purpose to exercise full
police powers over all lands comprised within the limits of the water shed tributary to
any such supply wherever such lands may be located in the State of Florida.
(5) Abatement of nuisances. To compel the abatement and removal of all nuisances within
the city or upon the property owned by the city beyond its corporate limits, at the
expense of the person or persons causing the same, or of the owner or occupant of the
grounds or premises whereon the same may be.
(6) Stock. To provide for inspecting and regulating the sanitary condition of all butcher
pens, meat markets, or other places within and without the city limits, where the
products of same are sold within the city limits, and to provide penalties for the
violation of such regulations.
(7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and
operate municipal airports, landing fields, hangars, aviation terminals and adminis-
tration buildings, runways depots, warehouses, garages, repair shops, oil and fuel
tanks or stations, or other necessary appurtenances for the use of airplanes and other
aircraft, and to acquire or lease any and all real property within the corporate limits,
or within ten (10) miles of the boundaries thereof for such purpose; to set apart and use
for such purpose any real property owned or leased by the city, whether or not
originally acquired by condemnation, purchase or lease for another purpose; to adopt
and enforce reasonable rules and regulations governing the use of such municipal
airports; to employ airport directors, airport managers, employees or agents in
connection with such operation; to impose fees or charges in connection with the use of
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CHARTER § 1.02
such airport or airport facilities; to sell gasoline or other supplies necessary in
connection with the operation of such airports; to provide lounges, eating places,
refreshment parlors and other facilities in connection with such municipal airports; to
let or lease to private persons or corporations portions of said airports for building
sites, hangar space, concessions or other uses for a term not to exceed thirty (30) years;
to prescribe and promulgate reasonable rules and regulations for the operation of such
airports, and to exercise supervision and control of such operation; to accept and
receive grants from the state and federal governments and any body politic for the
construction, maintenance, operation and management of such airport facilities.
(8) Contracts with other governmental agencies. To enter into eontracts with the State of
Florida or any of its subdivisions or agencies, and with the United States of America
or any department or any agency thereof, in order to purchase, lease or acquire
property, real and personal, within or without the limits of the territorial boundaries
of the city, for any municipal purpose, and to sell, alienate, convey, lease or otherwise
dispose of same for the benefit and advantage of said city.
(9) To convey to United States or State of Florida. To acquire real estate or any interest
therein, located within or without the territorial limits of said city, by purchase, gift,
devise, condemnation or otherwise, for the purpose of giving, granting or conveying the
same to the United States of America or the State of Florida, or any lawful agency or
subdivision thereof, whenever the city council of said city shall deem it advisable,
beneficial and to the best interest of said city so to do, or in order to induce the
construction of public institutions and public works of any and all kinds.
(10) Golf course. To acquire, construct, own and operate a golf course or golf courses and all
such buildings and improvements as said city may deem necessary or desirable for use
in connection therewith, within or outside of the limits of said city; to use any lands
now owned by said city for the purpose of a golf course or golf courses, and to acquire
by purchase, lease, condemnation or otherwise for such purposes any lands within or
outside the limits of said city as it may deem necessary or desirable, to charge
reasonable admissions, rentals or fees for the use or enjoyment of such golf course or
golf courses by the users thereof, and prescribe reasonable rules and regulations for
the use and operation thereof.
(11) Eminent domain. To exercise the right and power of eminent domain, that is, the right
to appropriate property within or without the territorial limits of said city for the
following uses or purposes: For streets, lanes, alleys and ways, for public parks,
squares and grounds, for drainage and for raising or filling in land in order to promote
sanitation and healthfulness, for reclaiming and filling when lands are low or wet or
overflowed, altogether or at times and entirely or partly, for the abatement of any
nuisance, for the use of water pipes and for sewage and drainage purposes, for laying
wires and conduits under the ground, for city buildings, waterworks, pounds, electric
power plants, bridges, sea walls, bulkheads, causeways, docks, golf courses, airports
and any and all other powers granted to said city by this Charter and for any other
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§ 1.02 SEBASTIAN CODE
municipal purpose and for any other purpose granted by law, all of which shall be
coextensive with the powers of the City of Sebastian exercising the right of eminent
domain and the absolute fee simple title to all property so taken and acquired shall
vest in said city unless the city seeks to condemn a particular right or estate in such
property. That the procedure for the exercise of eminent domain or the condemnation
of any lands or property under this subsection shall be the same as is provided by the
general laws of the State of Florida with respect to eminent domain. The city shall not
use the power of eminent domain for a project having the purpose of transferring rights
in the properties acquired to a private party in pursuit of economic development.
(Res. No. R-88-16, § 2, 1-13-88; election of 3-14-89; Ord. No. 0-93-21, §,��' 1-3, 1-12-94, election
of 3-8-94; Ord. No. 0-99-18, § l, 11-3-99, election of 3-14-00; Ord. No. 0-05-19, § 1, 10-26-05,
election of 3-14-06; Ord. No. 0-06-09, .��' 1, 10-11-06, election of 3-13-07; Ord. No. 0-11-07, § 2,
7-13-11, election of 11-8-11)
State law refei•ence—Municipal home rule powers, F.S. ch. 166.
Sec. 1.03. Intergovernmental relations.
The city may exercise any of its powers or perforin any of its functions and may participate
in the financing thereof, jointly or in cooperation, by contract or otherwise with any city,
county, state, the United States or any agency or governmental unit thereof.
State law reference—Intergovernmental programs, F.S. ch. 163.
Sec. 1.04. Boundaries.
The corporate limits of the city shall be as presently established or as hereafter changed
pursuant to state law.
State law reference—Municipal annexation or construction, F.S. ch. 171.
Sec. 1.05. Existing businesses may continue after annexation.
Any real property upon which a lawful business is being conducted at the time the same is
taken into the corporate territory of the city, during the continuance of the same business it
shall be granted the same privileges, immunities and exemptions as though any such business
had been conducted within the city for the time of operation prior to annexation to the city at
such location.
ARTICLE II. CITY COUNCIL
Sec. 2.01. Composition.
There shall be a city council consisting of five (5) council members elected by the qualified
voters of the city at large.
(Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 1, 1-27-93)
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CHAR,TER § 2.06
Sec. 2.02. Eligibility.
No person shall be eligible to hold the office of council member unless he or she is a qualified
elector in the city and actually continually resided in the city for a period of one (1) year
immediately preceding the final date for qualification as a candidate for said office.
(Ord. No. 0-84-1, § 1, 2-1-84; Ord. No. 0-93-03, § 2, 1-27-93)
Sec. 2.03. Election.
(a) LT]here shall be held a general election of two (2) council members on the first �iesday
following the first Monday in 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.
(Ord. No. 0-91-29, � 1, 1-8-92; Ord. No. 0-93-03, § 3, 1-27-93; Ord. No. 0-06-11, § l, 10-11-06)
Sec. 2.04. Term commencement.
Swearing in. The terms of newly elected council members shall commence when they are
sworn in immediately prior to the first regularly scheduled city council meeting held following
certification of the election results.
(Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 4, 1-27-93; Ord. No. 0-11-13, § 2, 7-13-11,
election of 11-8-11)
Editor's note—Ord. No. 0-11-13, § 2, adopted July 13, 2011 and approved at an election on
Nov. 8, 2011, amended § 2.04 title to read as herein set out. Former § 2.04 pertained to terms.
Sec. 2.05. Compensation.
The mayor, vice-mayor and each of the other council members shall be paid the following
amounts on a monthly basis:
(1) Mayor: Four hundred fifty dollars ($450);
(2) Uice-mayor: Three hundred dollars ($300); and
(3) Council members: Three hundred dollars ($300).
(Res. No. R-82-22, 9-8-82; Res. No. R-87-04, § VI, 2-4-87; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No.
0-93-02, § 1, 1-27-93; Ord. No. 0-99-22, § 1, 11-3-99, election of 3-14-00)
Sec. 2.06. Mayor; vice-mayor.
(a) Mayor—Selection and term. [A]fter the seating of any newly elected council members at
the 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
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§ 2.06 SEBASTIAN CODE
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.
(b) Mayor—Duties, general. The mayor shall preside at each meeting of the city council,
shall have a vote upon matters before the city council, but shall not possess a veto power. The
mayor shall have the power to preserve the peace and order, be recognized as the head of the
city government for all ceremonial purposes, and shall be recognized by the governor as the
head of the city government for purposes of military law. The mayor shall sign all ordinances,
resolutions and proclamations of the city council or other documents as required by law on
behalf of the city as directed and authorized by the city council, which shall also be attested by
the city clerk.
(c) Uice-mayor—Selection and term. Immediately subsequent to the selection of a mayor,
the city council shall elect a vice-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.
(d) Vice-mayor—Duties, gen.eral. In the absence or disability of the mayor, the vice-mayor
shall serve as mayor during such absence or disability. In the absence or disability of both the
mayor and vice-mayor, the senior member of city council shall serve as mayor during such
absence or disability.
(e) Vacancies. In the event the office of mayor shall become vacant during the course of a
term, the vice-mayor shall succeed to the office of mayor. In the event the office of vice-mayor
shall become vacant during the course of a term, a new vice-mayor shall be chosen as the first
order of business at the next council meeting.
(Ord. No. 0-91-30, § 1, 1-8-92; Ord. No. 0-93-03, § 5, 1-27-93; Ord. No. 0-99-23, § 1, 11-3-99,
election of 3-14-00; Ord. No. 0-06-10, § 1, 10-11-06; Ord. No. 0-06-11, § 2, 10-11-06; Ord. No.
0-11-13, § 2, 7-13-11, election of 11-8-11)
Sec. 2.07. General powers and duties.
All powers of the city shall be vested in the city council, except as otherwise provided by law
or this Charter, and the city council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the city by law.
(Ord. No. 0-91-29, § 1, 1-8-92)
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CHARTER § 2.08
Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of council member or the mayor shall become vacant upon his/her
death, resignation, removal from office in any manner authorized by law or forfeiture of his/her
office.
(b) Forfeiture of office. A council member or the mayor shall forfeit his/her office if he/she:
(1) Lacks at any time during his/her term of office any qualiiication for the office
prescribed by this Charter or by law;
(2) Violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three (3) consecutive regular meetings of the city council without being
excused by the city council.
(c) Filling vacancies. Any vacancy in the office of council member shall be filled in
accordance with the provisions of this subsection:
(1) If there is a scheduled citywide election within six months of the occurrence of the
vacancy, the remaining members of the city council may either (A) permit the vacancy
to be filled at that election, or (B) appoint a replacement.
(2) If there is no scheduled citywide election within six months of the occurrence of the
vacancy, the remaining members of the city council shall appoint a replacement within
45 days.
In the event the city council fills a vacancy by appointment, the person chosen to fill
the office shall at the time of appointment meet the qualifications for a member of the
city council. An appointed city council member shall serve only until the next citywide
election. If the vacancy has occurred in the term of a city council member that extends
beyond the next citywide election, the remainder of the unexpired term shall be filled
at that election, and the candidate shall run specifically for that seat on the city
council.
(d) Filling vacancies in candidac,y. In the event that following the close of the official
qualifying period set out in Charter Section 4.02(b), the number of legally qualified candidates
is fewer than the number of seats open for election, the new city council shall fill the vacancy
in office in the same manner described above in paragraph (c) of this section.
(Ord. No. 0-88-43, � 2, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 2, 1-8-92; Ord.
No. 0-93-02, § 2, 1-27-93; Ord. No. 0-99-24, � 1, 11-3-99, election of 3-14-00; Ord. No. 0-11-09,
§ 2, 7-13-11, election of 11-8-ll)
Editor's note—Section 1 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former
§ 2.08 in its entirety and § 2 of the ordinance renumbered § 2.09 as § 2.08. The repealed
provisions pertained to supervision over administrative officers and derived from the original
Charter of the city adopted by Ord. No. 0-78-9 on October 9, 1978.
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Sec. 2.09. Judge of qualifications.
The Florida Division of Elections, the Florida Elections Commission (or successor state
agencies) or the courts shall determine issues relating to the election and qualifications of city
council members and of the grounds for forf'eiture of their office.
(Ord. No. 0-88-43, § 3, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-99-25, ,��' l, 11-3-99,
election of 3-14-00; Ord. No. 0-11-14, § 2, 7-13-11, election of 11-8-11)
Editor's note—Section 3 of Ord. No. 0-88-43, adopted January 11, 1989, renumbered
§ 2.10 as § 2.09.
Sec. 2.10. City council-employee relationship.
Neither the city council nor any of its members shall in any manner dictate the appointment
or removal of any city employee except the charter officers nor shall the city council or any of
its members give orders to any employee, other than city council orders to a charter officer. The
city council or its members shall implement all policy matters through the appropriate charter
officer.
(Ord. No. 0-88-43, § 4, 1-ll-89; Ord. No. 0-91-29, .��' i, 1-8-92)
Editor's note—See the editor's note following § 2.09.
Sec. 2.11. Investigations.
The city council may make investigations into the affairs of the city and the conduct of any
city department, office or agency and for this purpose may subpoena witnesses, administer
oaths, take testimony and require the production of evidence.
(Ord. No. 0-88-43, § 8, 1-11-89; Ord. No. 0-91-29, � 1, 1-8-92; Ord. No. 0-11-11, § 2, 7-13-11,
election of 11-8-11)
Editor's note—Sections 5-7 of Ord. No. 0-88-43, adopted January 11, 1989, repealed
former §,��' 2.11-2.13 which pertained to the city manager, city clerk and city treasurer and
derived from the Charter adopted October 9, 1978, by Ord. No. 0-78-9. Sections 2.14-2.19 of
the Charter were renumbered as .��' § 2.11-2.16 by ,��' � 8-13 of Ord. No. 0-88-43.
Sec. 2.12. Procedure.
(a) Meetings. The city council shall meet regularly at least once a month at such times and
places as the city council may prescribe by resolution. Special meetings of the city council may
be held on the call of the mayor or any council member. There shall be at least twenty-four (24)
hours advance notice of any special council meeting called and said meetings shall only be held
after 5 p.m. If a public emergency exists any council member or charter officer may call a
special meeting, and the advance notice requirement as well as the time restriction shall be
waived. All city council meetings shall be public meetings, except as otherwise permitted by
law.
(b) Rules and journal. The city council shall determine its own rules and order of business
and shall provide for keeping a journal of its proceedings. This journal shall be a public record.
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CHARTER § 2.14
(c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on
appropriation of funds, for the approval of an ordinance or upon any motion upon the call of
any council member. The ayes and nays on each roll call vote shall be recorded in the minutes
of the meeting. Three (3) members of the city council shall constitute a quorum, but a smaller
number may adjourn from time to time and may compel the attendance of absent council
members in the manner and subject to the penalties prescribed by the rules of the city council
then in force. No action of the city council, except as otherwise provided in this Charter, shall
be valid or binding unless adopted by the affirmative vote of three (3) or more council members.
(Ord. No. 0-88-43, § 9, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 3, 1-8-92; Ord.
No. 0-93-02, § 3, 1-27-93; Ord. No. 0-99-26, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-06-13,
§ 1, 10-11-06)
Editor's note—See the editor's note following § 2.11.
Sec. 2.13. Emergency ordinances.
To meet a public emergency affecting life, health, property or the public peace, the city
council may adopt one (1) or more emergency ordinances, but such ordinances may not levy
taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its
services or authorize the borrowing of money except an emergency appropriation. An
emergency ordinance shall be introduced in the form and manner prescribed for ordinances
generally, except that it shall be plainly designated as an emergency ordinance and shall
contain, after the enacting clause, a declaration stating that an emergency exists and
describing it in clear and specific terms. An emergency ordinance may be adopted with or
without amendment or rejected at the meeting at which it is introduced, but the affirmative
vote of at least four (4) members shall be required for adoption. After its adoption the ordinance
shall be posted as prescribed for other adopted ordinances. It shall become effective upon
adoption or at such later time as it may specify. Every emergency ordinance except an
emergency appropriation shall automatically stand repealed as of the ninety-first (91st) day
following the date on which it was adopted, but this shall not prevent reenactment of the
ordinance in the manner specified in this section if the emergency still exists. An emergency
ordinance may also be repealed by adoption of a repealing ordinance in the same manner
specified in this section for adoption of emergency ordinances.
(Ord. No. 0-88-43, § 10, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92)
Editor's note—See the editor's note following § 2.11.
State law reference—Uniform minimum requirements for adoption of ordinances, F.S.
§ 166.041.
Sec. 2.14. Codes of technical regulations.
The city council may adopt any standard code of technical regulations by reference thereto
in an adopting ordinance. The procedure and requirements governing such an adopting
ordinance shall be as prescribed for ordinances generally, except that:
(1) The requirements of state law for distribution and filing of copies of the ordinance shall
be construed to include copies of the code of technical regulations as well as of the
adopting ordinance; and
Supp. No. 40
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§ 2.14 SEBASTIAN CODE
(2) A copy of each adopted code of technical regulations as well as of the adopting
ordinance shall be authenticated and recorded by the city clerk.
(Ord. No. 0-88-43, § 11, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92)
Editor's note—See the editor's note following § 2.11.
Sec. 2.15. Authentication and recording; codification; printing.
(a) Authentication and recording. The city clerk shall authenticate by such clerk's signature
and record in full in a properly indexed book kept for such purpose all ordinances and
resolutions adopted by the city council.
(b) Codification. The city council shall provide for the preparation of a general codification
of all city ordinances and resolutions having the force and effect of law. The general codification
shall be adopted by the city council by ordinance and shall be published promptly in bound or
looseleaf form, together with this Charter and any amendments thereto, and such codes of
technical regulations and other rules and regulations as the city council may specify. This
codification shall be known and cited officially as the Code of Ordinances of the City of
Sebastian, Florida. Copies of the Code shall be furnished to city officers, placed in libraries and
public offices for free public reference, and made available for purchase by the public at a
reasonable price fixed by the city council. The Code of Ordinances of the City of Sebastian,
Florida, as amended as of the effective date of this ordinance, is hereby validated, confirmed
and shall be admissible in evidence in the courts of the state without proof of any procedural
notice or action relating to their adoption.
(c) Printing of ordinances and resolutions. The city council shall cause each ordinance and
resolution having the force and effect of law and each amendment to this Charter to be printed
following its adoption, and the printed ordinances, resolutions and charter amendments shall
be distributed or sold to the public at reasonable prices to be fixed by the city council. Following
publication of the first Sebastian City Code and at all times thereafter, the ordinances,
resolutions and charter amendments shall be printed in substantially the same style as the
Code currently in effect and shall be suitable in form for integration therein.
(Ord. No. 0-88-43, § 12, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92)
Editor's note—See the editor's note following § 2.11.
Sec. 2.16. Standing committees.
(a) Standing committees may be appointed by the city council. The membership, powers
and duties of such committees shall be provided by the resolution or ordinance of the city
council.
(b) Periodic reports to the city council shall be made by the standing committees as to the
accomplishments and future activities contemplated by each standing committee, as directed
by the city council.
(Ord. No. 0-88-43, § 13, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 4, 1-8-92;
Ord. No. 0-99-27, § 1, 11-3-99)
Editor's note—See the editor's note following § 2.11.
Supp. No. 40 CHT:12
�
CHARTER § 3.03
ARTICLE III. ADMI1vISTRATION AND LEGAL DEPARTMENTS*
DIVISION 1. GENERALLY
Sec. 3.01. Creation.
The city manager, city clerk and city attorney are designated Charter officers.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 4, 1-27-93;
Ord. No. 0-06-14, § l, 10-11-06)
Sec. 3.02. Appointment [of Charter officers].
The Charter officers shall be appointed by the city council and serve at the pleasure of the
city council subject to the provisions of section 3.03 of this article.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92)
Sec. 3.03. Removal of Charter of�cers.
(a) Any Charter officer may be removed from office for cause, or without cause pursuant to
the terms of an employment agreement, by a majority vote of the entire city council.
(b) In the event that one or more council members believes that cause exists for the removal
of a Charter officer, such council members shall present written charges to the entire city
council at a regularly scheduled meeting for discussion. The city council may, by a vote at least
three (3) council members that said charge would, if proved, constitute a violation and that a
reasonable basis exists for believing the violation occurred, formally charge the named Charter
officer with misconduct and immediately suspend such Charter officer form office. Notice of the
suspension and the specific charges of misconduct shall be served upon the affected Charter
officer in person or by certified or registered mail, return receipt requested, to the last known
address of the affected Charter officer. The suspended Charter officer shall have the right to
a hearing before the city council upon request. The suspended Charter officer shall be given a
reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing,
the suspended Charter officer shall be removed if the city council finds, by a vote of at least
three (3) council members that cause exists to support such removal. In the event that at least
three (3) council members do not find that cause e�usts for removal, the suspended Charter
officer shall be immediately reinstated to his or her Charter office.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 5, 1-27-93;
Ord. No. 0-99-28, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-99-29, § 1, 11-3-99, election of
3-14-00)
*Editor's note—Section 14 of Ord. No. 0-88-89, adopted January 11, 1989, repealed former
Art. III, which contained §§ 3.01-3.05, and enacted a new article III to read as set out herein.
The repealed article pertained to similar provisions and derived from the Charter adopted by
Ord. No. 0-78-9 on October 19, 1978.
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§ 3.04 SEBASTIAN CODE
Sec. 3.04. City manager; powers and duties.
(a) The city manager shall be the chief administrative officer of the city.
(b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city
employee under his jurisdiction in accordance with the law and the personnel rules of the city
and may authorize any department head to exercise these powers with respect to subordinates
in his respective department.
(c) The city manager shall direct and supervise the administration of all departments of the
city except the offices of the city clerk and city attorney. He shall attend all city council
meetings unless excused by city council and shall have the right to take part in discussions, but
not vote.
(d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions,
and other acts of the city council subject to enforcement by the city manager are faithfully
executed.
(e) The city manager shall also prepare and submit the annual budget, budget message,
and capital program to the city council and shall keep the city council fully advised as to the
financial condition and future needs of the city, and shall make such recommendations to the
city council concerning the affairs of the city as he deems desirable. The city council shall adopt
the annual budget, millage rate and capital program, as presented or as modified, by
resolution.
(f� The city manager shall designate a qualified city employee to exercise the powers and
perform the duties of city manager during any temporary absence or disability of the city
manager. The city council may revoke such designation at any time and appoint another
eligible person, other than a sitting council member, to serve as acting city manager.
(g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances,
or by the direction of the city council, shall sign all contracts, bonds, debentures, franchises
and official documents on behalf of the city, which shall also be attested by the city clerk.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 5, 1-8-92;
Ord. No. 0-99-23, § l, 11-3-99, election of 3-14-00; Ord. No. 0-99-30, § 1, 11-3-99, election of
3-14-00)
Sec. 3.05. City clerk.
The city clerk shall give notice of city council meetings to its members and the public, keep
the journal of its proceedings and perform such other duties as are assigned to the clerk by this
Charter or by the city council.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92)
Supp. No. 40 CHT:14
CHARTER § 4.01
DIVISION 2. POLICE DEPARTMENT
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.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-06-15, ,��' 1, 12-13-06)
Sec. 3.07. Reserved.
Editor's note—Ord. No. 0-06-15, § l, adopted Dec. 13, 2006, repealed § 3.07, which
pertained to the duties and authority of the chief of police and derived from Ord. No. 0-88-43,
§ 14, adopted Jan. l, 1989.
Sec. 3.08. Reserved.
Editor's note—Ord. No. 0-06-15, § 1, adopted Dec. 13, 2006, repealed § 3.08, which
pertained to the duties and authority of police officers and derived from Ord. No. 0-88-43, § 14,
adopted Jan. 1, 1989 and Ord. No. 0-93-02, § 6, adopted Jan. 27, 1993.
DIVISION 3. LEGAL
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.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-06-16, § 1, 10-11-06)
AR,TICLE IV. ELECTIONS*
Sec. 4.01. Adoption of state election laws.
All general laws of the State of Florida, relating to elections and the registration of persons
qualified to vote therein which are not inconsistent or in conflict with the provisions hereof or
the ordinances of the City of Sebastian, shall be applicable to all city elections.
�'State law reference—Electors and elections, F.S. ch. 97 et seq.
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§ 4.02 SEBASTIAN CODE
Sec. 4.02. Filing of candidate's oath; fee.
(a) Each candidate, in order to qualify for election to the office of council member, shall take
and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation
shall be furnished to the candidate by the city clerk and shall comply with the provisions of
Florida law.
(b) The oath set forth in subsection (a) shall be filed with the city clerk at least sixty (60)
days, but no more than seventy-five (75) days, prior to the day of the election, along with
payment of a nonrefundable filing fee in an amount to be set forth by Code.
(Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 1, 1-27-93; Ord. No. 0-99-31, § 1, 11-3-99,
election of 3-14-00; Ord. No. 0-06-17, § 1, 10-11-06)
Sec. 4.03. Reserved.
Editor's note-Section 4.03, pertaining to special municipal elections to elect elective
officers was repealed in its entirety by Ord. No. 0-93-04, § 2, adopted January 27, 1993.
Sec. 4.04. Special election for other purposes.
A special election for a purpose other than the nomination or election of city officials, may
be authorized by resolution at any time by the city council; provided, not less than thirty (30)
days nor more than sixty (60) days intervene between the date of the adoption of the resolution
and the date of the election, unless a different time be otherwise provided in this Charter by
ordinance or by statutory law or constitutional provisions, under authority of which the
election is called. Any matter or matters which by the terms of this Charter, which may be
submitted to the electors of the city at any special election, may be submitted and voted upon
at the regular municipal election.
Sec. 4.05. Reserved.
Editor's note-Ord. No. 0-06-17, § 2, adopted Oct. ll, 2006, repealed § 4.05, which
pertained to calling an election by resolution and derived from the original codification.
Sec. 4.06. Reserved.
Editor's note-Section 4.06, pertaining to election precincts and polling places and the
right for the city to designate same, derived from Ord. No. 0-91-29, § 1, adopted January 8,
1992. Ord. No. 0-93-04, § 3, adopted January 27, 1993, repealed this section in its entirety.
Sec. 4.07. Reserved.
Editor's note-Ord. No. 0-11-08, § 2, adopted July 13, 2011 and approved at an election of
Nov. 8, 2011, repealed � 4.07, which pertained to elections-how arranged; inspectors and
clerks and derived from Ord. No. 0-91-29, ,��' 1, adopted Jan. 8, 1992; Ord. No. 0-93-04, § 4,
adopted Jan. 27, 1993 and Ord. No. 0-06-17, ,��' 3, adopted Oct. 11, 2006.
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CHARTER § 4.12
Sec. 4.08. City canvassing board; canvass of election returns.
(a) If the city is not holding its election as a part of the election for Indian River County,
Florida, the city clerk shall appoint a city canvassing board to be composed of three (3)
individuals; one (1) member shall be the city clerk, one (1) member shall be the city attorney,
and the remaining member shall be appointed by the city clerk. The city clerk shall act as
chairperson of the city canvassing board.
(b) When a city canvassing board has been constituted, the city canvassing board shall meet
at a place and time designated by the chairperson, as soon as practicable after the close of the
polls of any municipal election involving the city, at which time, the city canvassing board shall
proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as
shown by the returns then on file in the office of the supervisor of elections for Indian River
County, Florida. The city canvassing board shall prepare and sign a certificate containing the
total number of votes cast for each person or other measure voted on. The certificate shall be
placed on file with the city clerk.
(Ord. No. 0-93-04, § 5, 1-27-93; Ord. No. 0-99-32, § 1, 11-3-99, election of 3-14-00; Ord. No.
0-11-13, § 2, 7-13-11, election of 11-8-11)
Editor's note—Ord. No. 0-11-13, § 2, adopted July 13, 2011 and approved at an election on
Nov. 8, 2011, amended § 4.08 title to read as herein set out. Former § 4.08 title pertained to the
same subject matter.
Sec. 4.09. Same—Ballots.
The ballots shall conform to the form of ballots prescribed by the general election laws of the
State of Florida.
(Ord. No. 0-93-04, � 6, 1-27-93)
Sec. 4.10. Reserved.
Editor's note—Ord. No. 0-06-17, § 4, adopted Oct. 11, 2006, repealed § 4.10, which
pertained to voting machines and derived from the original codification.
Sec. 4.11. Reserved.
Editor's note—Ord. No. 0-06-17, § 5, adopted Oct. 11, 2006, repealed § 4.11, which
pertained to absentee voting and derived from the original codification.
Sec. 4.12. Election procedures; tie vote.
(a) In all general or special elections, the candidates receiving the highest vote in each of
the offices of council member to be filled, shall be elected for two-year terms, or the balance of
the term.
Supp. No. 50 CHT:17
§ 4.12 SEBASTIAN (',ODE
(b) In the event that at any election there are two (2) or more candidates for the same office
and they should receive the same number of votes, the question shall be decided by a special
run-off election between the tied candidates to be held no later than thirty (30) days after the
results of the initial election are declared by city council.
(Ord. No. 0-84-3, § l, 2-1-84; Ord. No. 0-88-44, § 1, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord.
No. 0-93-04, § 7, 1-27-93; Ord. No. 0-98-19, § 1, 11-18-98; Ord. No. 0-99-33, § 1, 11-3-99,
election of 3-14-00)
Editor's note—Ord. No. 0-98-19, adopted Nov. 18, 1998, amended ,��' 4.12(b) to read as
herein set out. Such amendment was approved by the voters at an election held Mar. 9, 1999.
Sec. 4.13. Reserved.
Editor's note—Ord. No. 0-11-14, § 2, adopted July 13, 2011 and approved at an election on
Nov. 8, 2011, repealed § 4.13, which pertained to conduct of candidates for election office and
derived from Ord. No. 0-99-34, § l, adopted Nov. 3, 1999, election of March 14, 2000.
Sec. 4.14. Interim government.
Should a condition arise where there should be no city council serving, either through death,
resignation or otherwise, in the interim until a special election can be called to fill such
vacancies, the city clerk shall have the power to fill the vacancies until successors are elected,
and such city council so appointed shall call a special election as provided by this Charter. In
the event of the inability or refusal of the city clerk to serve in such capacity or to fill such
vacancies, within five (5) days after such condition arises, the city manager shall do so. In the
event of the inability or refusal of the city manager to act within twenty-four (24) hours, the
city attorney shall do so.
(Ord. No. 0-99-35, § l, 11-3-99, election of 3-14-001
State law reference—Emergency continuity of government, F.S. ch. 22.
ARTICLE V. GENEIZAL PROVISIONS
Sec. 5.01. Severability of provisions.
If for any reason any section, parag-raph or part of this Charter shall be held invalid or
unconstitutional, that fact shall not affect, invalidate or destroy any other section, paragraph
or part of this Charter, and the remaining portions thereof shall remain in full force and effect
without regard to the section, paragraph or portion invalidated.
(Ord. No. 0-93-02, § 7, 1-27-93)
Sec. 5.02. Effective date.
This Charter shall take effect January l, 1979.
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
Supp. No. 5o CHT:18
�
CHARTER § 6.05
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.
(Ord. No. 0-98-13, § 1, 10-14-98; Ord. No. 0-06-18, § 1, 10-11-06)
Editor's note—Ord. No. 0-98-13, § 1, amended the Charter by adding § 5.03 to read as
herein set forth. Such amendment was approved by the voters at an election held Mar. 9, 1999.
AR,TICLE VI. TRANSITION
Sec. 6.01. Title to property reserved.
The title, rights and ownership of all real and personal property, taxes due and unpaid,
uncollected permits, dues, fees, judgments, choses in action, penalties, decrees and all property
rights held or owned by the City of Sebastian, shall succeed to and be vested in the City of
Sebastian, a municipal corporation created, existing and organized under the provisions of this
Charter.
Secs. 6.02, 6.03. Reserved.
Editor's note—Ord. No. 0-99-36, § 1, adopted Nov. 3, 1999, and approved by the voters at
an election held Mar. 14, 2000, repealed §§ 6.02, 6.03, which pertained to unimpaired
obligations of the city and holdover of city officers and employees pursuant to the adoption of
the 1979 Charter.
Sec. 6.04. Ordinances preserved.
All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with
it, shall remain in force until repealed or changed as provided herein.
Sec. 6.05. Continuation of former Charter provisions.
All provisions of the former city Charter which are not embraced herein and which are not
inconsistent with this Charter shall become ordinances of the city subject to modification or
repeal in the same manner as other ordinances of the city.
Supp. No. �o CHT:19