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HomeMy WebLinkAboutO-04-05ORDINANCE 0-04-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 78, ARTICLE HI, PLANNING: REDEVELOPMENT TO CREATE A COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City has a Community Redevelopment Plan adopted in accordance with Florida law; and WHEREAS, the City Council of the City of Sebastian designated itself as the Community Redevelopment Agency (CRA) for execution of said Plan; and WHEREAS, the CRA is custodian of the Redevelopment Trust Fund, which it is obligated to budget and appropriate to implement the Community Redevelopment Plan adopted by City Council; and WHEREAS, the City Council of the City of Sebastian determines that it would be in the public interest to have a permanent committee composed of laymen representing the diverse interests with a stake in the redevelopment district to advise the CRA in implementing the Plan and utilizing the Redevelopment Trust Fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Chapter 78, Article m of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-36, to read as follows: Sec. 78-36. Establishment. The City Council of the City of Sebastian hereby establishes a Community Redevelopment Advisory Committee to assist the Community Redevelopment Agency (hereinafter called the "CRA") in the furtherance of the Sebastian Community Redevelopment Plan. Section 2. That Chapter 78, Article m of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby mended to create Section 78-37, to read as follows: Sec. 78-37. Panel Comnosition. The Committee shall be composed of eleven members, each being a resident of the city, or else being either a property owner within, or the owner of a business operating within, the Community Redevelopment District, as follows: A. Each council member shall appoint a committee member at the first meeting of April following the election of that councilmember to office. B. Two members shall be the President of the Sebastian Property Owners Association (or his/her designee), and the Executive Director of the Sebastian River Area Chamber of Commerce (or his/her designee). C. There shall also be four additional committee members chosen by the city council as a body which shall represent one each of the following constituency groups: i. One realtor, attorney, financial professional or accountant; ii. One restaurateur, hotelier, water-related or tourism businessperson; iii. One resident of the District; and iv. One resident from outside the District. In the event that no suitable applicants are available from a designated profession, an otherwise qualified at-large member may be appointed in their place. Section 3. That Chapter 78, Article 11I of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-38, to read as follows: See. 78-38. Terms. Following appointment of the initial committee members, the members directly appointed by council members shall serve until the end of the term of that councilperson. The two committee representatives based upon residency shall serve until April 1, 2005, and thereafter these representatives shall be selected at the first scheduled city council meeting of April in odd numbered years. The two representatives based upon profession shall serve until April 1, 2006, and thereafter these representatives shall be selected at the first scheduled city council meeting of April in even-numbered years. Section 4. That Chapter 78, Article III of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-39, to read as follows: Sec. 78-39. Duties. The committee shall hold regular workshops and pubhc hearings to formulate recommendations to the CRA for comprehensive policies and initiatives to implement the adopted community redevelopment plan. Based upon these policies and initiatives, the committee shall develop a recommended annual program for the CRA, including an operating and capital budget for the Redevelopment Trust Fund, and the committee shall forward the same to the CRA no later than July 15th of each year. Section 5. That Chapter 78, Article m of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-40, to read as follows: See, 78-40. Procedures, At the first regular meeting following appointment of new members in April of each calendar year, or at the first regular meeting thereafter, the Committee shall select a chairman and vice-chairman. The Committee shall adopt roles of procedure and a meeting schedule. Section 6. That Chapter 78, Article III of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-41, to read as follows: Sec. 78-41. Ex-Officio members and staffing. The Chairman of the Planning & Zoning Commission shall be an ex- officio members of the committee. The City Attorney shall be counsel to the committee. The City Manager shall designate an employee as recording secretary to the committee and an official from the Growth Management Department to serve as staff liaison thereto. Section 7. CONTINUITY. To provide for continuity following establishment of the initial committee, any appointed committee member whose term ends in April 2005 that is not reappointed shall serve an additional year in an ex-officio capacity. Section 8. remain reserved. Section 9. CONFLICT. herewith are hereby repealed. RESERVED. Sections 78-31 through 78-35 of the City Code shall All ordinances or parts of ordinances in conflict Section 10. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, 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 provisions. 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 fome and effect. Section 11. EFFECTIVE DATE. This Ordinance shall become effective immediately. The foregoing Ordinance was moved for adoption by Councilmember _Coniglio . The motion was seconded by Councilmember __Monier and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisarme Monier Councilmember Michael Heptinstall __aye absent __ay~ __ay~ __.aye The Mayor thereupon declared this Ordinance duly passed and adopted this 12th May, 2004. _ _ day of ATTEST: CMC CITY OF SEBASTIAN, FLORIDA Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: