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HomeMy WebLinkAboutO-02-06 ORDINANCE NO. 0-02-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-14.17 TREE AND LANDSCAPE ADVISORY BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; Section 2-171 of the Code of Ordinances of the City of Sebastian provides for three year terms for Boards and Committees of the City unless otherwise established by ordinance or law; and WHEREAS, the Tree and Landscape Advisory Board when first established by ordinance was created with two year terms; and WHEREAS, the City Council believes it is best to bring the Tree and Landscape Advisory Board terms in line with other boards; and WHEREAS, the Planning and Zoning Commission has recommended that the terms for Tree and Landscape Advisory Board members be three years. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Land Development Code Section 54-3-14.17 is hereby amended to read as follows: Sec. 54-3-14.17. Tree and Landscape Advisory Board. (a) There is hereby created a tree and landscape advisory board, which shall provide advice to the city council as requested by the council on care of trees and landscaping on city property, preservation of historic trees, proposed planting of trees or landscaping on city property, proposed amendments to this tree protection and landscape ordinance, and such other matters as required by the city council from time to time. (b) The tree and landscape advisory board shall consist of five regular members and two alternate members. Each member shall be a resident of the city and shall be appointed by the city council. Members shall serve without compensation. All members shall be appointed to-Wvo three year terms. (c) Vacancies shall be filled by action of the city council. (d) Meetings shall be held at such times and places as determined by the city council and shall be open to the public. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately following its adoption by the City Council. The foregoing Ordinance was moved for adoption by Ma j che r . The motion was seconded by ~ C on ± § 1 i o and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk aye Councilmember James Hill Councilmember Edward J. Majcher, Jr. aye Councilmember Ray Coniglio aye absent The Mayor thereupon declared this Ordinance duly passed and adopted this 10 th of April ,2002. ~8a1~ A. M~o, CMC City Cleft( CITY OF SEBASTIAN, FLORIDA  1 for Walter Barnes, Mayor Approved as to Form and Legality for ReJJaOc.~e by the City of Sebastian Only: RicOh Stringer, City ~ttorney Page -2-