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HomeMy WebLinkAboutO-21-13 Amend Charter Sec. 4.14ORDINANCE NO.O-21-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN, THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 4.14 - INTERIM GOVERNMENT OF THE CITY CHARTER TO CLARIFY WHAT TO DO WHEN THERE IS NOT A MAJORITY OF CITY COUNCIL AVAILABLE TO SERVE AND TAKE ACTION EITHER THROUGH DEATH., RESIGNATION, SUSPENSION OR REMOVAL FROM OFFICE; PROVIDING BALLOT LANGUAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may by ordinance submit to the electors of said municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Section 5.03 of the City Charter, the Charter Review Committee has met, held public hearings, and recommended to the City Council certain revisions to the Charter; and WHEREAS, the City Council wishes to call an election in the City of Sebastian on Tuesday, November 2, 2021, 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. ELECTION. A Citywide election is hereby called and scheduled for Tuesday, November 2, 2021 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. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following forth: CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT Ballot Question #S WHAT TO DO WHEN THERE IS NOT A MAJORITY OF CITY COUNCIL AVAILABLE TO SERVE Shall Section 4.14 of the City Charter be amended, as provided in Ordinance 0- 21-13 to clarify the language what to do when there is not a majority of City Council available to serve and to add the language for the removal or suspension from office as additional reasons Council Member would not be able to serve? Yes for Approval No for Rejection Section 3. ELECTION RESULTS. 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 by the City Council. The foregoing Ordinance was moved for adoption by Councilmember MCPartlan . The motion was seconded by Councilmember Jones and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Jim Hill aye Councilmember Fred Jones aye Councilmember Chris Nunn aye Councilmember Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 23rd day of June ,2021. ATTEST: d6 Wt t C�tClXrvd anette Williams, MMC dy Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Ed Dodd Approved as to form and legality for reliance by the City of Sebas4n only: I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the TC Palm Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the 23 day of June, 2021, and that following said public hearing this Ordinance was passed by City Council for placement on the November 2, 2021 ballot. bid �Jnctt, Williams, MMG City Clerk ATTACHMENT TO ORDINANCE 0-21-13 PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 4.14. - Interim government. Should a condition arise where there should bt- not be a maiority Q or morel city council serving, either through death, resignation, removal or suspension from office 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.