HomeMy WebLinkAboutO-93-15 ORDINANCE NO. O-93-15
~N ORDIN~.NCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO DEVELOPMENT AGREEMENTS~
AMENDING CI'I~PTER 26 OF THE CODE OF ORDINANCES OF THE CITY
OF SEBASTi~NTO ADD A NEW ARTICLE VII~ ADDING NEW SECTION
26-210 TO THE CODE OF ORDINANCES TO PROVIDE THE CITY
COUNCIL WITH THE AUTHORITY TO AUTHORIZE THE MAYOR OR CITY
M~NAGER TO ENTER INTO DEVELOPMENT AGREEMENTS ON BEHALF OF
THE CITY OF SEBASTIAN~ PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES~ PROVIDING FOR
SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the city Council of the City of Sebastian has
determined that it is in the best interests of the City of
Sebastian and its residents for the City Council to have the
authority to approve the City entering into development agreements
in accordance with the provisions of Sections 163.3220 through
163.3243, Florida Statutes, as amended from time to time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1. Chapter 26 of the Code of Ordinances of the City
of Sebastian is hereby amended by adding a new Article VII
"Development Agreements", initially containing new Section 26-210,
to provide as follows:
"ARTICLE VII - Development Agreements.
Sec. 26-210. Development agreements~ generally.
Upon compliance with the applicable provisions of the Florida
Local Government Development Agreement Act as set forth in Section
163.3220, et. seq. of Florida Statutes, as amended from time to
time, the City Council shall have the authority, by resolution, to
authorize the Mayor or City Manager to enter into a development
agreement on behalf of the City with the owner of real property
located in the city of Sebastian which allows the property owner to
proceed with the development of the owner's real property in
accordance with existing laws and policies, subject to the terms
and conditions of the development agreement."
SECTION 2. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. 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 that the words "ordinance" may be
changed to "section", "article", or other appropriate designation.
SECTION 4. 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 this Ordinance shall not be
affected and it will 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 there by
causing said remainder to remain in full force and effect.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon
2
final
passage.
The foregoing Ordinance was moved for adoption by Council
Member /~~ The motion was seconded by
Council Member .~.~~t and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~Jday of~/~ 1993
~By.~~~Y OF SEB TI ORIDA
~-~L6finie R~.t~o~ell, Mayor
ATTEST:
~thryn~M. O'Hallo~an, CMC/AAE
City Clerk
(SEAL)
I HEREB~ CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
"~-by State Statute, that one public hearing was held on this
-Ordinance at 7:00 p.m. on the day of , 1993, and
that following said public hearing this Ordinance was passed by the
ci.~ouncil.
Kathryn ~. O'Hall~ran, CMC/AAE
city Clerk
(SEAL)
Approved as t~o~ Content:
/
Charles I~n Nash, city Attorney