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HomeMy WebLinkAboutO-91-24ORDINANCE NO.: 0-91-24 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CITY CONSTRUCTION BOARD; AMENDING SUBSECTION (d) OF SECTION 7-92 PERTAINING TO THE TERM OF OFFICE OF MEMBERS OF THE CITY CONSTRUCTION BOARD; AMENDING SECTION ?-92 TO ADD NEW SUBSECTION (n) PERTAINING TO FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION ?-92 TO ADD NEW SUBSECTION (o) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVINg AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY CONSTRUCTION BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the city of Sebastian has determined that it is in the best interests of the city and its citizens that new residents be provided with the opportunity to serve on city boards, commissions and committees; and WHEREAS, the City Council of the City of Sebastian has determined that the persons serving as the chairperson or vice chairperson of a City board, commission or committee should have some experience as a regular member of that board, commission or committee and attend almost all of the meetings to serve as an example to the other members, thereby, attendance by the other members; and WHEREAS, the Florida Legislature, encouraging exemplary during their 1991 Legislative Session, revised the provisions of Section 112.3143 of Florida Statutes to add a specific factor to be examined by the city Council when considering a person for appointment or reappointment to a City board, commission or committee. 9/2 1 NOW, THEREFORE, BE iT ORDAINED BY THE C~TY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Section 7-92(d) of the Code of ordinances of the city of Sebastian is hereby amended by deleting the existing Section 2-94(d) in its entirety and adding the following new provisions in lieu thereof to read as follows: "(d) Of the regular members appointed to the board, effective October 1, 1991: (1) (2) (3) (4) (5) (6) Two (2) members shall be appointed for a term of one (1) year. Three (3) members shall be appointed for a term of two (2) years. Two (2) members shall be appointed for a term of three (3) years. Thereafter all appointments shall be made for a term of three (3) years. In no event shall any individual who has served as a regular member of the board for the greater of two (2) consecutive terms or six (6) consecutive years be reappointed to serve another consecutive term as a regular member of the board unless no other individual, who is otherwise legally qualified to serve as a regular member of the board, has filed an application with the city Clerk, which is then still pending, seeking appointment to serve as a regular member of the board." Each alternate member shall be appointed for a term of three (3) years." Section 2. Section 7-92 of the Code of Ordinances of the City of Sebastian is hereby amended by adding new subsection (n) to read as follows: - 2 - "(n) Any member may be reappointed, subject to the limitations set forth in (d) of this Section 7-92, above. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated board seat being filled by the appointment. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the city Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the board, even if the incumbent board member intends to seek reappointment. Whenever a current or former board member is being considered for appointment or reappointment to the board, the city Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Section 112.3143 of Florida Statutes." Section 3. Section 7-92 of the Code of ordinances of the City of Sebastian is hereby amended by adding new subsection (o) to read as follows: "(o) Whenever possible, the person selected as the chairperson and vice Chairperson of the board shall have served two (2) years as a regular member of the board and shall have attended at least ninety percent (90%) of the meetings of the board which such member was not otherwise - 3 - excused from attending by the individual serving as the chairperson of the board at such meetings." Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 6. 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 and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. - 4 - The foregoing Ordinance was moved for adoption by Councilman ~/~ The motion was seconded by Councilman ~j~J~ and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this this ~'~ day of adopted ordinance duly passed and , 1991. ATTEST: Kathr~h ~, O'H~all6r~n, CMC/AAE City Clerk CiTY OF SEBASTIAN, FLORIDA ~.~ E. Conye~, Mayor I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one _p~lic hea~ing was held on this Ordinance at 7:00 p.m. on the~)~day., of ~~,~.-k& , 1991, and that following said public hea~ing this Ordinance was passed by the City Council. Kathr~,~ M. O'Halloran, CMC/AAE City Clerk Approved/a~'to Form and Content: Charles Ian Nash, City Attorney - 5 -