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HomeMy WebLinkAboutR-93-15RESOLUTION NO. R-93-15 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, APPROVING COMBINING WITH CERTAIN OTHER GOVERNMENTAL UNITS TO FORM A COUNCIL OF LOCAL GOVERNMENTS PURSUANT TO SECTION 163.02 OF THE FLORIDA STATUTES~ AUTHORIZING THE MAYOR, CITY CLERK AND CITY ATTORNEY TO SIGN, ON BEHALF OF THE CITY, A JOINT RESOLUTION, ALONG WITH EIGHT OTHER GOVERNMENTAL UNITS, ESTABLISHING THE NAME OF THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS AND PROVIDING FOR MEMBERSHIP, POWERS AND ADMINISTRATION OF THE TREAURE COAST COUNCIL OF LOCAL GOVERNMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.02 of the Florida Statutes provides for the creation of voluntary councils of local county and municipal public officials for the cooperative resolution of area and community problems; and WHEREAS, the Treasure Coast Council of Local Governments voted in May of 1992 to include the city of Sebastian, Indian River County, Florida, as part of its membership; and WHEREAS, the City Council, at its August 12, 1992 Regular Meeting concurred with the appointment of Mayor Lonnie Powell to represent the City of Sebastian on the Treasure Coast Council of Local Governments; and WHEREAS, the Treasure Coast Council of Local Governments has submitted a Joint Resolution for adoption by the nine member governmental entities and they are Indian River County, Martin County, St. Lucie County, Okeechobee County, Ft. Pierce, Port St. Lucie, Stuart, Sebastian and Vero Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. ESTABLISHMENT OF COUNCIL. The City Council hereby ratifies the establishment of the Treasure Coast Council of Local Governments of which the City of Sebastian shall be a member in accordance with the Joint Resolution, a copy of which is attached to in this Resolution as "Exhibit A", and incorporated herein by reference. Section 2. AGREEMENT. The Mayor, City Clerk and city Attorney of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the Joint Resolution, a copy of which is attached to this Resolution as Exhibit "A", and incorporated herein by reference. Section 3. CONFLICT. All resolutions or parts of resolutions 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 Resolution is invalid or unconstitutional, the remainder of the Resolution 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 Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5__~. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmember ~.~ The motion was being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution and adopted this /~ day of _~~_, 1993. duly passed ATTEST: ~thry~M. O'Halloran, CMC/AAE City Clerk (SEAL) CITY/~ S/ASTIAN, FL~DA . I/I /-' jni~ P~Swelk~/~~~~~ 1/2~/9'3 C.,A, A:TCC-CCI.-RES RESOLUTION 93- A JOINT RESOLUTION BY AND BETWEEN THE CITY OF FORT PIERCE, THE CITY OF PORT ST. LUCIE, THE CiTY OF STUART, THE CITY OF VERO BEACH, THE CITY OF SEBASTIAN, FLORIDA MUNICIPAL CORPORATIONS; INDIAN RIVER COUNTY, MARTIN COUNTY, 0KEECHOBEE COUNTY, AND ST. LUCIE COUNTY, SUBDIVISIONS OF THE STATE OF FLORIDA; ADOPTING AN AMENDMENT TO THE RESOLUTION UNDER WHICH A COUNCIL OF LOCAL GOVERNMENTS WAS FORMED; CHANGING THE NAME OF THE COUNCIL TO THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS; PROVIDING FOR THE MEMBERSHIP, POWERS, AND ADMINISTRATION OF SUCH COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the residents of the area surrounding and proximate to the Treasure Coast are served by nine separate governmental entities, i.e.,: the municipalities of Fort Pierce, Port St. Lucie, .Sebastian, Stuart, and Vero Beach; and the Counties of Indian River, Martin, Okeechobee, and St. Lucie, (hereinafter referred to as "Governments"); and WHEREAS, the Governments have many interrelating problems and needs which would best be resolved on a cooperative community basis, rather than by separate action, thus reducing duplication of costs and services; and WHEREAS, Section 163.02 of the Florida Statutes provides for the creation of voluntary councils of local county and municipal public officials for the cooperative resolution of area and community problems; and WHEREAS, such an organization was established by resolution adopted by Joint Resolution Number 87-63 adopted July 7, 1987, by Indian River County; Joint Resolution Number 87-811 adopted August 11, 1987, by Martin County; Joint Resolution Number 87-112 adopted June 16, 1987, by St. Lucie County; Joint Resolution Number 87-104 adopted October 19, 1987, by the City of Fort Pierce; Joint ResolutiOn Number 87-R58 adopted November 23, 1987, by the City of Port St. Lucie; Joint Resolution Number 57-86 adopted November 10, 1986, by the City of Stuart; and Joint Resolution Number 86-53 adopted October 21, 1986, by the City of Veto Beach. WHEREAS, the Okeechobee County joined the organization in 1989 by adoption of the Governments of an amendment to the agreement establishing the Tri-County Council of Local Governments; and WHEREAS, the City of Sebastian elected to join the Council in 1992 by action of the City Commission. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY; THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY; THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, AND THE BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY; THE CITY COMMISSION OF FORT PIERCE; THE CITY COMMISSION OF PORT ST. LUCIE; THE CITY COMMISSION OF STUART; THE CITY COMMISSION OF SEBASTIAN, AND THE CITY COUNCIL OF VERO BEACH; THAT: Section 1 - Ratification..and ExDansion. 2 The Governments hereby ratify the establishment of a Council of their respective governments in accordance with Section 163.02, F.S. and the terms of this Joint Resolution. Section 2 - Name Chanq~. The name of the Council, formerly "The Tri-County Council of Local Governments," is hereby amended to the "Treasure Coast Council of Local Governments," (hereinafter referred to as "the Council"). S~ction 3 - Representation on Council. The representative from each member local government shall be the elected chief executive of said local government or, if such government does not have an elected chief executive, a member of its governing body chosen as appointed by such body to be its representative. In the event the designated representative is unable to serve, the local government shall select an alternate member from its elected legislative body. Each member, through its duly authorized representative, shall have one, vote. Any member government may withdraw from the Council and General Assembly upon sixty (60) days notice to the Council. Section 4 - Representation on General AssemblY. All elected city and county officials from the Governments shall be members of the General Assembly. The General Assembly shall meet at least annually and shall elect the Chairman, Vice Chairman, and Treasurer of the Council. Section 5 - Purposes. The purpose of the Council shall be to study such area-wide governmental problems as it deems appropriate, including but not limited to matters affecting health, safety, welfare, education, economic conditions, and area development; to promote cooperative arrangements and coordinate action among its members; and to make recommendations for review and action to the members and other public agencies that perform local functions and services within the area. Section 6 - Finance and Administration. (a) The Council may accept funds, grants, gifts, and services from the State of Florida, from any other governmental unit whether participating in the Council or not, from the government of the United States, and from private and civic sources. (b) Each representative shall have the duty to regularly report Council matters to the representative,s member government. The Council shall make an annual public report of its activities to each of the member local governments and shall have its accounts \ audited annually. (c) That each government does hereby authorize the payment of an annual assessment to the Council not to exceed $500.00 per year. (d) That each government shall separately consider, and if approved, authorize the payment of any special assessments recommended by the Council. Section 7 - Bylaws. The Council shall adopt bylaws designating the officers of the Council and providing for the conduct of its business. Section 8 - Amendment. This resolution and the agreements thereby affected may only be amended by a joint resolution of the governing bodies of all members. Section 9 - Effective Date. This resolution shall become effective upon final passage by each of the parties hereto. 5 INDIAN RIVER COURT~ PASSED AND ADOPTED by Resolution Number day of 1993. this ATTEST: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Clerk Chairman Approved as to form and legal sufficiency: County Attorney 6 ST. LUCIE COUNTY PASSED AND ADOPTED by Resolution Number day of ..., 1993. this ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Clerk Chairman Approved as to form and legal sufficiency: County Attorney MARTIN COUNT~ PASSED ANDADOPTED by Resolution Number day of , 1993. this ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA Clerk Chairman Approved as to form and legal sufficiency: County Attorney OKEECHOBEE COUNT~ PASSED AND ADOPTED by Resolution Number day of 1993. this ATTEST: BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA Clerk Chairman Approved as to form and legal sufficiency: County Attorney CIT~ OF FORT PIERCE PASSED AND ADOPTED by Resolution Number day of , 1993. this ATTEST: THE CITY OF FORT PIERCE City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 10 CiTY OF PORT ST. LUCIE PASSED AND ADOPTED by Resolution Number day of · 1993. this ATTEST: THE CITY OF PORT ST. LUCIE City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 11 CITY OF STUART PASSED AND ADOPTED by Resolution Number day of iL ' 1993' this ATTEST: THE CITY OF STUART City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 12 CIT~ OF VERO BEACH PASSED AND ADOPTED by Resolution Number day of , 1993. this ATTEST: THE CITY OF VERO BEACH City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 13 CITY OF SEBASTIAN PASSED AND ADOPTED by ~~.ution Number ]a/~__ day of . ' ,., , 1993. ATTEST: City C~rk THE CITY OF SEBASTIAN Approved as to form and legal sufficiency: City Attorney 14