HomeMy WebLinkAboutR-96-40 RESOLUTION NO. R-96-40
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-94-33
WHICH TEMPORARILY AUTHORIZED THE CITY COUNCIL TO
FULFILL THE RESPONSIBILITIES OF THE BOARD OF
ADJUSTMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROViDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 20A, Section 20A- 11.2 of the Land Development Code of the
City of Sebastian creates a Board of Adjustment, consisting of five regular members and two
alternates, for the purpose of hearing and deciding administrative appeals and to hear and
decide requests for special exceptions; and
WHEREAS,City Council, despite diligent efforts, was unable to obtain a sufficient
number of members to constitute a quorum on the Board of Adjustment in 1994; and
WHEREAS, on June 8, 1994, Resolution No. R-94-33 was adopted to authorize the
City Council to temporarily fulfill the responsibilities of the Board of Adjustment until such
time as an ordinance was adopted which amends or repeals Section 20A-11.2 of the
Sebastian Land Development Code; and
WHEREAS, due to renewed efforts to obtain a sufficient number of members to
reactivate the board, City Council has appointed five regular members and two alternates
to the Board of Adjustment in accordance with Section 20A-11.2 of the Sebastian Land
Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
~ AUTHORITY. All authority, as set forth in Section 20A-
l 1.2 of the Sebastian Land Development Code, is restored to the newly appointed Board
of Adjustment.
~ CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed, including Resolution No. R-94-33.
~ 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 such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
~.,.C.,.T.I.Q~_~ EFFECTIVE DATE. This
immediately upon its adoption.
The foregoing Resolution was moved for
Resolution
shall take effect
adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
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Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Couneilmember Norma J. Damp
Couneilmember Raymond Halloran
Coun¢ilmember Richard J. Taracka
of
The Mayor thereupon declared this Resolution duly passed and adopted this ~.2 ~day
/~~ ,1996.
ATTEST:
-
"..~' '-~atl~ M. 0'H~i°ra~, CMC/AAE
~/". City Clerk
CITY OF SEBASTIAN, FLORIDA
Loase R. C~ght, MaYor //
(Seal)
Approved as to Form and Content:
City Attorney
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