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HomeMy WebLinkAboutO-11-14ORDINANCE NO. 0 -11 -14 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 2.09 AND 4.13 OF THE CITY CHARTER, TO PROVIDE THAT THE FLORIDA DIVISION OF ELECTIONS, THE FLORIDA ELECTIONS COMMISSION OR THE COURTS DETERMINE ISSUES RELATING TO THE QUALIFICATIONS AND ELECTION OF CITY COUNCIL MEMBERS RATHER THAN ASSIGNING THESE RESPONSIBILITIES TO THE CITY COUNCIL, 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 #7 JUDGE OF QUALIFICATIONS FOR OFFICE AND THE CONDUCT OF CANDIDATES Shall Sections 2.09 and 4.13 of the Charter be amended to provide that the Florida Division of Elections, the Florida Elections Commission or the courts shall determine issues relating to the qualifications and election of city council members, rather than assigning these responsibilities to the City Council? 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. he foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Don Wright Councilmember Andrea Coy Councilmember Richard Gillmor Councilmember Eugene Wolf The Mayor thereupon declared this Ordinance duly passed and adopted this /3-A= day of 2011. CITY OF .t AS • N, FLORIDA By ATT ST: Sally A. Mlaio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney ayor Jim Hill I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State tatute, that one public hearing on the Ordinance was held on the /3 •day of 2011, and that following s. id public hearing this Ordinance was passed by C Council for placement on the e 2011 ballot. 6 Sally A. tvJa3io, MMC City Clerk 2 ATTACHMENT TO ORDINANCE 0 -11 -14 PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 2.09. Judge of qualifications. Sec. 2.09. Judge of qualifications. The Florida Division of Elections, the Florida Elections Commission for successor state agencies) or the courts shall determine issues relating to the election and qualifications of city council members and of the grounds for forfeiture of their office. Sec. 4.13. Reserved. be -eats d to the ou'ce 3