HomeMy WebLinkAboutR-82-22 RESOLUTION NO.~- ~fl~-~TL~.
A RESOLUTION INCORPORATING INTO THE CHARTER
OF THE CITY OF SEBASTIAN AN AMENDMENT TO
SEC. 2.05 OF THE CHARTER; DIRECTING THE
CLERK TO FILE SAID AMENDMENT WITH TttE
SECRETARY OF STATE.
WHEREAS, a petition was submitted to the Council
requesting that the Council submit to the electors of
the City a proposed amendment to Section 2.05 of the
Charter of the City; and
WHEREAS, the Council, by Resolution R~82-7,
did submit said proposed amendment to the electors at the
regular general election held within the City, to-wit:
March 9, 1982; and
WHEREAS, a majority of the electors voting in
said election upon said amendment did adopt said amendment
to the Charter;and
WHEREAS, one of the judges for the Circuit Court
for the 19th Judicial Circuit Court of Florida did, on
September 3, 1982, declare the contents of said amendment
to be valid and enforceable; and
WHEREAS, the Council desires to comply with
the mandate of said Order and to comply with the requirements
of Section 166,031(2), Florida Statutes (.1981);
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF SEBASTIAN, FLORIDA~ that the following
amendment to Section 2.05 of the Charter of the City of
Sebastian is hereby incorporated into the provisions
of said Charter, which said amendment reads as follows:
Sec. 2,05~ Compensationk.E.~p. enses;
(1) Compensation: The salary of the Mayor,
Vice-mayor and Councilmen shall be paid
monthly as follows:
(2)
a. Mayor: Eight hundred(S800.00) dollars;
b. Vice-mayor: Two hundred and fifty
(_$250.00) dollars;
c. Councilmen: One hundred and fifty
(.$150.00) dollars
Expenses: When it is deemed desirable
by the entire city council that the mayor
or any member of the council attend any function
on city business, their expenses will be
allowed in accordance with Florida Statute
No. 112.061.
BE IT FURTHER RESOLVED that the Clerk is
directed to file a copy of this Resolution (revised amendment
to the Charter) with the Department of State.
I HEREBY CERTIFY that the foregoing Resolution
was duly passed and adopted by the City Council of the City
of Sebastian, Florida, this ~ ~'~ day of September, 1982.
CITY OF SEBASTIAN, FLORIDA
Mayor
ATTEST
C'i t~y ~lerk
ALICE ALLARD, as a resident,
registered voter and taxpayer of
the City of Sebastian, Florida,
Petitioner,
VS.
CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, same being the governing body
of said municipality, composed of the
following individuals in their respective
official capacity, namely, PAT FLOOD, JR.,
Mayor, EVERETT G. GASS, Vice-Mayor, FRANK
OBERBECK, RICHARD B. VOTAPKA, and GEORGE
V. SCHUM,
Respondents.
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR INDIAN RIVER COUNTY,
STATE OF FLORIDA.
CASE NO. 82-639
ORDER
THIS MATTER coming on to be heard the 18th day of August, 1982,
on Petitioner's Amended Petition For Writ Of Mandamus, and the Court
having entertained legal argument from respective counsel and the
Court being otherwise fully advised in the premises;
The Court finds:
1. The Amendment to Section 2.05 of the Charter of the City
of Sebastian and which is the subject matter of this action is valid
and constitutional.
2. The phrase 'entire city council' contained in said Amendment
to Section 2.05 of the C~arter of the City of Sebastian is hereby
declared to mean four (4) council members and the Mayor.
3. The Court hereby orders respondents to forthwith and with-
out delay incorporate said Amendment to Section 2.05 of the City
Charter, the same more particularly described hereinafter. Further
respondents shall file its revised Charter containing said Amendment
in accordance with the terms of this Order with the Department of
State and shall further furnish this Court with evidence thereof on
or before and in no event later than September 15, 1982.
The Amendment which is the subject matter of this law suit and
which was duly passed pursuant to an election held on March 9, 1982,
reads as follows:
"Sec. 2.05. Compensation: expenses;
(1). Compensation: The salary of the Mayor, vice-
mayor, and Councilmen shall be paid monthly as
follows:
b.
Mayor: Eight hundred ($800.00) dollars;
Vice-mayor: Two hundred and fifty
($250.00) dollars;
c. Councilmen: One hundred and fifty' ($150.00)
dollars;
(2) Expenses: When it is deemed desirable by the
entire city council that the mayor or any member of
the council attend any function on city business,
their expenses will be allowed in accordance with
Florida State Statute No. 112.051."
IT IS ORDERED AND ADJUDGED
That Petitioners Amended Petition For Writ Of Mandamus be
GRANTED and accordingly the Court hereby orders Respondents
forthwith and without delay to incorporate said Amendment in its
City Charter and to further file said revised Charter with the
Department of State and furnish the Court with evidence thereof
within the time frame as set forth in this Order.
Jurisdiction is retained for purposes consistent with this
order.
DONE AND ORDERED in Chambers, Vero Beach, Indian River County,
Florida, this ~ day of ~ , 1982, nunc pro
tunc, August 18, 1982.
Copies furnished:
Wayne R. McDonough, Esq.
Daniel M. Kilbride, Jr.
Esq.
Honorable L. B. Vocelle,
Circuit Court Judge
Approved
Approved