HomeMy WebLinkAboutO-99-02ORDINANCE NO. 0-99-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ESTABLISHING
PROCEDURES FOR APPOINTMENT AND OPERATION OF
CHARTER REVIEW COMMITTEE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance No. O-98-13 placed a referendum upon the March 9, 1999,
ballot for the amendment of the City Charter to create a Charier Review Committee composed of
fifteen (15) residents of the City; and
WHEREAS, said referendum was approved by the citizens of the City of Sebastian and
the City Charter was amended to require the appointment of said Committee; and
WHEREAS, said Charter Amendment provides that the manner of appointment of the
members of the Committee shall be provided by the Code of Ordinance; and
WHEREAS, the membership to said Committee must be appointed no later than April 15,
1999, initially, and by April 15th of every seventh year therea~er.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. APPOINTMENT PROCEDURES. That the Code of Ordinances,
City of' Sebastian, Florida is hereby amended by adding a Chapter 2, Division 5, to be entitled
CHARTER REVIEW COMMITTEE composed of two sections, the first of which is to be
numbered Sec. 2-231, which said section shall read as follows:
Sec. 2-231. Appointment.
The fifteen members of the Charter Review Committee, as
established by Section 5.03 of the City Charter, shall be appointed in the
following manner:
(a)Each member of the City Council shall appoint two
City residents to the Committee; and
(b) The remaining five members of the Committee shall be
appointed by the Council as a body in accordance with the
general provisions for selection of membership of City
boards and committees.
The announcement of the individual appointments, and the selection of
the at-large members, shall occur at the regularly scheduled City
Council meeting immediately preceding April 15th of the years
designated in the City Charter for formulation of the Committee.
No less than one month prior to the time the Committee
members are to be selected, the City Clerk shall give notice and
advertise the openings in the positions in accordance with Section 2-
169. Applications for the at-large positions must be received no later
than ten (10) days prior to the selection date. Members appointed by
individual Councilmembers must submit a completed application with
the City Clerk no later than one week prior to the City Council meeting
at which the formal appointment will be made, for inclusion in the City
Council agenda packet.
There shall be no limit on the number of times a resident
may serve on this Committee, nor shall a member of another City board
or committee be prohibited from concurrently serving thereon.
Section 2. OPERATIONAL PROCEDURES.
City of Sebastian, Florida is hereby amended by adding a
which said section shall read as follows:
That the Code of Ordinances,
section, to be numbered Sec. 2-232,
Sec. 2-232 OPERATIONAL PROCEDURES.
The Charter Review Committee shall hold its organizational
meeting at 5:30 p.m. on the Tuesday following formulation of its
membership. At said meeting the majority of the members present shall
select a chairman and a vice-chairman. The selection thereof, and the
operations of the Committee, shall be carried out in accordance with the
established general procedures for boards and committees of the City.
At said organizational meeting, the Committee shall establish the time
and frequency of its meetings.
The City Attorney shall be advisor to the Committee and the City
Manager shall designate a secretary to the Committee.
After submitting its final recommendation, which shall occur
within six months of the Committee's formulation, the Committee shall
have a final meeting at 5:30 p.m. on the Tuesday following final City
Council action on said recommendation and shall thereafter be
dissolved.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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
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 5. EFFECTIVE DATE. This Ordinance shall take effect following its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember and,
upon being put to a vote, the vote was as follows:
Mayor Martha S. Wininger ~
Vice-Mayor Chuck Neuberger ~
Councilmember Joe Barczyk ~
Councilmember Ben A. Bishop ~
Councilmember Edward J. Majcher, Jr. ~
The Mayor thereupon declared this Resolution duly passed and adopted this 14th
day of April, 1999.
- -. ' I~athryrglVL O~alloran, CMC/AAE
_. C~ Clerk: ~5~ ~
". '-... Apprg.vd ~¢ fora and legality for
~i&h~ ~}?fie City of Sebastian only:
~ch Stringer, City ~.~ey
CITY ~F SEBASTIAN, F¥ORIDA
By: i~/JL~J2/~
Martha S. Wining/er, MaY0r~