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HomeMy WebLinkAboutO-98-05ORDINANCE NO. 0-98-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING CO~tITTEES FROM TERM LIMITATIONS; 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 clarify recently enacted procedures for board, commission and committee appointments into one section of the Code of Ordinances; and WHEREAS, the City Council finds that this amendment 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: Section 1. Section 2-166 of the Code of Ordinances of the City of sebastian, Florida, is hereby amended follows: Section 2-166 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: "Board" shall mean any permanent board or committee of the city, which is established by ordinance as a permanent board or committee of the city. "Committee" shall mean any temporary committee or commission of the city, which is established by resolution to study a specific problem and recommend a solution or policy alternative within a time certain. Its existence shall terminate upon the completion of its assignment or on a date certain as provided by the resolution creating the committee or commission... Section 2. Section 2-167 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended follows: Section 2-167 Appointments. No member of any city board or committee shall become a candidate for elective political office during his or her term. A letter of resignation shall be tendered to the office of the City Clerk at least ten (10) days prior to the first day of qualifying for the office he or she intends to seek. Should any member of a City board or committee qualify as a candidate for political office, such qualification shall be deemed a tender of immediate resignation from such board or committee. No person shall serve on more than one (1) city board or permanent committee simultaneously. ~_9_~. Section 2-171 of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-171 Terms. Except as otherwise provided by ordinance or by State law, board members shall be appointed to fill specific three (3) year terms of membership, which shall be staggered, so that no more than three (3) members of a particular board shall be appointed in any given calendar year. In the event that an appointment is made to fill an unexpired term, the member shall serve until the end of the unexpired term. In no event shall any individual who has served as a member of the boardfor the greater of two (2) consecutive terms or six (6) years be reappointed to serve another consecutive term as a member of such board, unless no other individual, who has otherwise legally qualified to serve as a member of said board has a current application on file with the City Clerk seeking appointment to serve as a member of such board. This provision shall not prevent appointment to a different board. For purpose of this section, the calculation of service of a board member shall not include time served as an alternate member of the board where the vacancy occurs. 2 follows: ~. 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. Section 5. 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 6. 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 moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as Mayor Ruth Sullivan Vice-Mayor Martha wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger ~,;/~.~,, ..... The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of ~/~L , 1998. CITY OF SEBASTIAN, FLORIDA By: ,,~ Ruth S611ivan, Mayor ATTESTL~ .-. C'-.._ . ~~~¥~r an, -A~Rroved as..t'oC~,~rm and Content: Valerie F. Settles City Attorney 4