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Home My WebLink AboutO-11-13ORDINANCE NO. 0 -11 -13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTIONS 2.04, 2.06 AND 4.08 OF THE CITY CHARTER, RELATING TO THE COMMENCEMENT OF COUNCIL MEMBER TERMS, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. WHEREAS, the City Council wishes to call an election in the City of Sebastian on Tuesday, November 8, 2011, for the purpose of submitting to the electors of the City of Sebastian the question stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. A citywide election is hereby called and shall be held in the City of Sebastian, Florida, for the purpose of submitting to the qualified electors of the City of Sebastian the proposed amendment to the City Charter in the form attached hereto and made a part hereof. Section 2. The ballot shall be substantially in the following form: CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #6 COMMENCEMENT OF COUNCIL MEMBER TERMS In order to provide the city with additional time to receive election results from the Supervisor of Elections, shall Sections 2.04, 2.06 and 4.08 of the City Charter be amended to provide that newly elected council members be sworn in at the first regular meeting of the council following certification of the election results? Yes for Approval No for Rejection Section 3. The result of such election shall be determined by a majority of the qualified electors of the City of Sebastian voting on the proposal. Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember f na�/uf' and upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Don Wright Councilmember Andrea Coy Councilmember Richard Gillmor Councilmember Eugene Wolf The M yor thereupon declared this Ordinance duly passed and adopted this day of L4ciq , 2011. Sally A. M City Cler Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney CITY OF BA IAN, FLORIDA B /3"L or Jim Hill I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by Stat Statute, that one public hearing on the Ordinance was held on the /3" -' day of 2011, and that following said public hearing this Ordinance was passed by Ci Council for placement on the /WiefllLa E 2011 ballot. Sally A. M •, MMC City Clerk 2 ATTACHMENT TO ORDINANCE 0 -11 -13 PROPOSED CHARTER AMENDMENT LANGUAGE Soo O 0A Torme (b) The term of ach newly elected council member shall begin on the Monday 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. 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, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and 3 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. 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. returns for Indian River County, Florida, or the city canvassing board, as the case may .n atta.� nclan_nda..__. 4