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Home My WebLink AboutO-97-57 0-97-57 AR ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, DELETING CERTAIN PROVISIONS IN THE CODE OF ORDINANCES IN ORDER TO CONSOLIDATE REQUIREMENTS PERTAINING TO CITY BOAP. DS, COMMISSIONS AND COMMITTEES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Sebastian, Florida, ("City Council") desires to consolidate procedures for board, commission and committee appointments into one section of the Code of Ordinances; and WHEREAS, the City Council finds that this consolidation will clarify appointment procedures and that this will further the health, safety and welfare of the citizens of Sebastian, Florida, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: ~9~. Section 2-180(5) of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended as follows: (5) In accordance with Sec. 2-170, each member shall be a resident of the city. If a member of the board ceases to be a resident of the city, such member shall immediately notify the city clerk of such occurrence and their membership on the board shall terminate automatically and immediately. Section 2. Section 2-181 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended as follows: Sec. 2-181. Terms of office. (a) Of the regular members initially appointed to the board: (1) Two members shall be appointed for a term of one year each. (2 Three members shall be appointed for a term of two years each. (3) Two members shall be appointed for a term of three years each. (b) After the initial appointments, all subsequent appointments shall be made for terms of three years each. (c) In no event shall any individual who has served as a regular member of the board for the greater of two consecutive terms or six 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, which is then still pending, with the city clerk, seeking appointment to serve as a regular member of the board. Section 3. Section 2-182 of the Code of Ordinances of the City of Sebastian, Florida, is hereby deleted. Section 26-191 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended as follows: Sec. 26-191. Membership; terms; filling of vacancies. (a) The city construction board shall be composed of seven members and, as far as practical, shall consist of two certified contractors (residential, building, general), one electrical contractor, one heating and ventilation contractor, one architect or engineer, one plumbing contractor, and one concerned citizen. The city council may also appoint one or two alternate members who shall serve as necessary to assemble a maximum of seven voting members of the board. It is preferred that the alternate members consist of one certified contractor and one concerned citizen. All members and alternate members shall be appointed by the city council, pursuant to Sec. 2-170. (b) To be eligible for appointment, except as otherwise provided in this section, each contractor member shall be actively engaged in construction in the city, have an established business in the city limits. (C) Each member of the board shall hold a valid certificate issued by the board or the state in addition to having the qualifications required in subsection (b) of this section, excepting the one concerned citizen member. If any member of the board, at any time during his term, no longer possesses the required qualifications such member shall be automatically suspended for 30 days; then, unless qualified within 30 days, shall be replaced. (d) Of the regular members appointed to the board: (1) Two members shall be appointed for an initial term of one year; (2) Three members shall be appointed for an initial term of two years; and (3) Two members shall be appointed for an initial term of three years. Thereafter all appointments shall be made for a term of three years. All terms of office shall expire on September 30 of the last year of the term. (e) Each alternate member shall be appointed for a term of three years. (f) Any member may be reappointed, subject to the limitations set forth in subsections (d) of this section. Section 26-196 of the Code of Ordinances of the City of Sebastian, Florida, is hereby deleted. Section 6. Section 20A-11.2.A. of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended to read as follows: Sec. 20A-11.2. Board of adjustment. A. Establishment, composition and terms. The board of adjustment is hereby established and shall consist of five (5) members and two (2) alternates who shall be residents of the city and shall serve without compensation. For all appointments occurring after September 30, 1991, the city council shall appoint the regular members to the board of adjustment as follows: One (1) member shall be appointed for a term of one (1) year. Two (2) 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. 1. Continuation of present board members. The present members of the board of adjustment shall continue in office until their respective terms expire and their successors are appointed in the manner provided by law. 2. Appointment of alternate members and their duties. Each alternate member shall be appointed for a term of three (3) years. The alternate members of the board of adjustment may attend all meetings of the board of adjustment but shall act only in the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the board of adjustment shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate is acting. Section 20A-11.3. of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended to read as follows: Sec. 20A-11.3. City planning and zoning commission. A. Establishment, composition and terms. The Planning and Zoning Commission is hereby established and shall consist of seven (7) members and two (2) alternates who shall be residents of the city and shall serve without compensation. The city council shall appoint the regular members to the Planning and Zoning Commission as follows: Two (2) member shall be appointed for a term of one (1) year. 4 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. 1. Appointment of alternative members and their duties. Each alternate member shall be appointed for a term of three (3) years. The alternate members of the planning and zoning commission may attend all meetings of the Planning and Zoning but shall act only in the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the planning and zoning commission shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate is acting. i~9~JiiP/L_~k-' If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. ~ This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section 10, This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Ordinance was Councilmember ~/~,~ ,,,. Counci lmember ~j,&~ moved for adoption by The motion was seconded by and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Richard J. Taracka Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this__~~ da7 of ..... _ .... , 1997. CITY OF SEBASTIA/q, FLORIDA Walter Barnes, Mayor ATTEST: ~athr~h Mi O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney 6