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HomeMy WebLinkAbout02142011CRC AgendaHOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MEETING AGENDA MONDAY, FEBRUARY 14, 2011 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. January 3, 2011 5. NEW BUSINESS A. Review Each Members' Recommendations and Create Priority List (Memo, Charter) B. Begin Review of Entire Charter In Order By Sections Focusing on Priority List 6. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. To: Members of the Charter Review Committee From: Sally Maio, MMC City Clerk For: Chairperson Louise Kautenburg CC: Robert Ginsburg, City Attorney Subject: February 14, 2014 Meeting Member Recommendations and Creation of Priority List and Section by Section Review Date: 1/27/11 Chairperson Louise Kautenburg met with the City Attorney and City Clerk on 1/26/11 to discuss the review process for the February 14, 2011 meeting. As a result of that meeting, she would like each member to go through the Charter prior to the 2/14/11 Charter Review Committee Meeting and make a list of concerns, recommendations and priorities. At the meeting, each member will then list his or her items of concern and a priority list will be established. Once the list is created, the Chairperson would then like to begin a review of the Charter section by section, and discuss those sections that make the priority list, come to a consensus, and decide whether any other sections need discussion or are sufficient as written and move on to the next. Another copy of the Charter is included for your review in case you need it. 2 3. ROLL CALL Committee Members Present: Bob Daberkow John Danise Adrina Davis Linda DeSanctis Ed Dodd Dan Dragonetti Jeanne Hill Louise Kautenburg Janet Kennedy Donna Keys Mary McGee Bob McPartlan Carolyn Sartain- Anderson Ruth Sullivan Bob Zomok Staff Present: City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams QIY OF sEAN HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MINUTES ORGANIZATIONAL MEETING MONDAY, JANUARY 3, 2011 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The City Attorney called the meeting to order at 6 pm. 2. The Pledge of Allegiance was recited. The City Clerk requested a few minutes to explain seating, use of microphones to ensure comments are on the record, and submittal of agenda packets by email unless advised that a member would like a paper copy. She then read a prepared statement as requested by Ms. Sartain- Anderson (see attached to minutes). Charter Review Committee Meeting January 3, 2011 Page Two 4. NEW BUSINESS A. City Attorney Overview of City Charter and Code Provisions Relative to Charter Review Committee and Sunshine Law Provisions (Charter Section 5.03 and Code Sections 2 -231 and 2 -232, Current City Charter, Sunshine Law Brochure) The City Attorney introduced himself and asked the committee members to feel free to contact him as needed, outlined the Charter and Code provisions regarding the Committee's task to review the City Charter and make recommendations on amendments to City Council within six months. He described the Government in the Sunshine Law, which has two sections, open meetings and public records, and explained that two or more members of a public committee cannot meet outside of the "sunshine" and that all such public meetings have to be noticed, minutes taken and be accessible by the public. He said that discussing committee business with one another outside of these parameters would put the individuals in legal jeopardy and would put the charter review process in jeopardy and open to challenge. He further advised committee members as to the public records component of the Sunshine Law, that they should forward all communications to the City Clerk where they will be retained and disseminated if necessary or as requested. The City Attorney said the subject of the Charter Review committee is the most important of all committees because it deals in the City Charter, Sebastian's constitution, which is the root of the City's mission and how we govern ourselves. He said their work is the work of the highest importance in our democracy. He said he would try his best to stay out of their way in the Committee's discussions, even if he believed something they were discussing was illegal, but if asked, he would give them his views; and that his role is to understand the committee's recommendations and report them accurately to City Council. In closing, he said that he and the City Clerk were there to help the committee in their deliberations, that they may hear from the City Manager at a future meeting, as well as one or all members of City Council if they wished them to be there. B. Appointment of Chairman The City Attorney advised the Committee to make nominations at this time for Chairman. Mr. Dragonetti nominated Ruth Sullivan but she declined. Ms. DeSanctis nominated Louise Kautenburg. Ms. Keys asked by a show of hands who had served previously on this committee. Ms. McGee nominated Mr. Davis but he declined. Ms. Keys nominated Mr. Daberkow, but he declined. There were no further nominations. Louise Kautenburg was appointed Chairman. 2 Charter Review Committee Meeting January 3, 2011 Page Three ATTEST: C. Appointment of Vice Chairman Chairperson Kautenburg called for nominations for Vice Chairman. Ms. Kautenburg nominated Donna Keys but she declined. Ms. Keys nominated Linda DeSanctis but she declined. Mr. Zomok volunteered to be Vice Chairman and there was no objection. Mr. Zomok was appointed Vice Chairman. D. Establish Time and Frequency of Meetings Available Days 1S and 2nd Monday, 3rd Tuesday, 4 Thursday (2011 Schedule) Following a brief discussion and review of the available dates, meetings were scheduled for February 14, March 14, April 11, May 9 and June 6 and 21 (public hearings). The Committee will make their recommendation to City Council in July. It was further agreed all meetings will take place at 6 pm. It was decided that if additional meetings are needed they can be scheduled at a later time. 5. Being no further business, Chairman Kautenburg adjourned the meeting at 6:32 p.m. Approved at the Charter Review Committee meeting. Louise Kautenburg, Chairman Sally Maio, City Clerk 3 PART I CHARTER* *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 amendments, F.S. 166.031. 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. Article II. City Council Sec. 2.01. Composition. Sec. 2.02. Eligibility. Sec. 2.03. Election. Sec. 2.04. Terms. Sec. 2.05. Compensation; expenses. Sec. 2.06. Mayor; vice mayor. Sec. 2.07. General powers and duties. Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. Sec. 2.09. Judge of qualifications. Sec. 2.10. City council employee relationship. Sec. 2.11. Investigations. Sec. 2.12. Procedure. Sec. 2.13. Emergency ordinances. Sec. 2.14. Codes of technical regulations. Sec. 2.15. Authentication and recording; codification; printing. Sec. 2.16. Standing committees. Article III. Administration and Legal Departments Division 1. Generally Sec. 3.01. Creation. Sec. 3.02. Appointment [of Charter officers]. Sec. 3.03. Removal [of Charter officers]. Sec. 3.04. City manager; powers and duties. Sec. 3.05. City clerk. Division 2. Police Department Sec. 3.06. Police department. Sec. 3.07. Reserved. Sec. 3.08. Reserved. Division 3. Legal Sec. 3.09. City attorney. Article IV. Elections Sec. 4.01. Adoption of state election laws. Sec. 4.02. Filing of candidate's oath; fee. Sec. 4.03. Special municipal elections to elect elective officers. Sec. 4.04. Special election for other purposes. Sec. 4.05. Reserved. Sec. 4.06. Election precincts and polling places; city to designate. Sec. 4.07. Elections -How arranged; inspectors and clerks. Sec. 4.08. Same Canvass of returns; certificates of election. Sec. 4.09. Same Ballots. Sec. 4.10. Reserved. Sec. 4.11. Reserved. Sec. 4.12. Election procedures; tie vote. Sec. 4.13. Conduct of candidates for election office. Sec. 4.14. Interim government. Article V. General Provisions Sec. 5.01. Severability of provisions. Sec. 5.02. Effective date. Sec. 5.03. Charter review committee. Article VI. Transition Sec. 6.01. Title to property reserved. Sec. 6.02. Obligations unimpaired. Sec. 6.03. Officers and employees holdover. Sec. 6.04. Ordinances preserved. Sec. 6.05. Continuation of former charter provisions. ARTICLE I. CREATION AND POWERS* *State law references: Home rule powers generally, F.S. 166.021. 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 extraterritorial 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 illuminating, heating and other purposes; the location of 2 waterworks and sites for public utility works; the establishment of poor houses, 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 cremating, 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 fund 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. (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 from 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) Dairies and stock. To provide for inspecting and regulating the sanitary condition of all dairies, butcher pens, slaughter houses, meat markets, or other places within and without the 3 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 administration 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 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 contracts 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 4 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 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, 1, 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) State law references: Municipal home rule powers, F.S. ch. 166. Sec. 1.03. Intergovernmental relations. The city may exercise any of its powers or perform 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 references: 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 references: 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) 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) 5 Sec. 2.03. Election. (a) [T]here shall be held a general election of two (2) council members on the first Tuesday 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, 1, 10- 11 -06) Sec. 2.04. Terms. (a) The terms of the council members shall be for two (2) years, or until a successor has been duly elected or appointed and sworn. (b) The term of each newly elected council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. (Ord. No. 0- 91 -29, 1, 1 -8 -92; Ord. No. 0- 93 -03, 4, 1- 27 -93) 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) Vice 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 special 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 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, 6 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) Vice 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, general. 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) 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) 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 qualification 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. In the event of a vacancy in the office of a council member, the city council shall, by taking individual nominations and voting thereupon, appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a successor is to be elected for the unexpired term, the candidates shall run specifically for that seat on the council. 7 However, if there is no general election within a six -month period of the occurrence of the vacancy and the unexpired term for the vacant seat exceeds six months, a special election shall be held with all due haste to elect a successor, and the appointee shall serve until the successor is seated at the first regular meeting of the council following certification of the election results. (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) 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. Sec. 2.09. Judge of qualifications. The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. Upon the filing by a sitting member of council of a written charge that a member has committed conduct violating section 2.08(b), the city council must vote whether said charge would, if proved, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge. Alternatively, a member charged by a member of the public with conduct constituting grounds for forfeiture of his /her office shall be entitled to a public hearing on demand. Notice of such hearing shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of the hearing. Decisions made by the city council under this section shall be subject to review by the courts. (Ord. No. 0- 88 -43, 3, 1- 11 -89; Ord. No. 0- 91 -29, 1, 1 -8 -92; Ord. No. 0- 99 -25, 1, 11 -3- 99, election of 3- 14 -00) 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- 11 -89; Ord. No. 0- 91 -29, 1, 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. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be guilty of a misdemeanor. (Ord. No. 0- 88 -43, 8, 1- 11 -89; Ord. No. 0- 91 -29, 1, 1 -8 -92) 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. 8 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. (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 references: Uniform minimum requirements for adoption of ordinances, F.S. 166.041. 9 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 (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. 10 (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. ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS* *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. 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, 1, 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 officers. (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 exists 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) 11 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, 1, 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) 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. 12 Editor's note: Ord. No. 0- 06 -15, 1, 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. 1, 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) ARTICLE IV. ELECTIONS* *State law references: Electors and elections, F.S. ch. 97 et seq. 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. 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. 13 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. 11, 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. Elections -how arranged; inspectors and clerks. The city council, in conjunction with the city clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof. Prior to the qualifying dates provided herein [t]he city council shall adopt a resolution calling any such election, stating therein where the election shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law. (Ord. No. 0- 91 -29, 1, 1 -8 -92; Ord. No. 0- 93 -04, 4, 1- 27 -93; Ord. No. 0- 06 -17, 3, 10 -11- 06) Sec. 4.08. Same -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. (c) The city council shall hold a special meeting on the first Monday following the election for the purpose of receiving the certificate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as the case may be. The city council shall then declare the results of the election and enter them in the minutes of the special meeting. Any oath of office required to be administered to the newly elected council members shall be 14 administered at such special city council meeting or at the next city council meeting where the newly elected council members are in attendance. (Ord. No. 0- 93 -04, 5, 1- 27 -93; Ord. No. 0- 99 -32, 1, 11 -3 -99, election of 3- 14 -00) 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 (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, 1, 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. Conduct of candidates for election office. No candidate shall violate the provisions of Florida Statutes Chapter 104, (the Florida Election Code) as now constituted or as amended in the future. A violation of any of these provisions shall disqualify such candidate from holding office, if elected, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. Any sitting member of council or candidate therefore may file a written charge with the city clerk, prior to opening of the meeting in which the election results are declared, that specifies an alleged violation of this provision by a candidate having been elected. The city council must vote whether said charge would, if proved, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge in which the procedures of section 2.09 apply. Upon a finding by a majority vote of the whole council that a violation of any of these provisions occurred, such a finding shall disqualify such candidate from holding office, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. (Ord. No. 0- 99 -34, 1, 11 -3 -99, election of 3- 14 -00) 15 State law references: Election violations, F. S. ch. 104; candidates, F.S. ch. 106; Code of ethics for public officers and employees, F.S. 112.311 et seq. 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, 1, 11 -3 -99, election of 3- 14 -00) State law references: Emergency continuity of government, F.S. ch. 22. ARTICLE V. GENERAL PROVISIONS Sec. 5.01. Severability of provisions. If for any reason any section, paragraph 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 1, 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 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. ARTICLE 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 16 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. 17