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Home My WebLink AboutO-05-23 ORDINANCE 0-05-23 AN ORDINANCE OF.THE QTY OF SEBASTIAN, FLORIDA, AMENDING QTY CODE CHAPTER 78, ARllCLE m, PLANNING: REDEVELOIWENT TO ABOUSH THE CONNUNnY REDEVELOPNENT ADVISORY CONNZTTEE; PROVIDING FOR CONFUCT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council of the Oty of Sebastian designated itself as the Community Redevelopment Agency (CRA) for execution of the City of Sebastian Community Redevelopment District 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, a Community Redevelopment Advisory Committee was established by ordinance in 2004 to advise the CRA on implementing the Plan and utilizing the Redevelopment Trust Fund, however, the City Council of the City of Sebastian has determined that it would be in the public interest for the CRA to consider and make those determinations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNQL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SectIon 1. That Section 78-36 of the City of Sebastian Code of Ordinances is hereby repealed in its entirety, See. 78 3&. Establish.eRt. The City Col:lncil at the Citt' of Sebastian hereb't' establishes a Comml:lnity Redevelol3ment Ac:MsefY Committee to assist the Comml:lnity Redevelopment Agency (hereinafter called the "CnA'1 in the fI:IRherance of the Sebastian ComA'lunity RedciClopment Plan, SectIon 2. That Section 78-37 of the City of Sebastian Code of Ordinances is hereby repealed in its entirety, Se. 78 37. PaRel C8R1118Siti8R. The COA'lmittce shall be coml3oocEl of eleven members, each Being a resident of the city, or else l:Jeing either a I3FeJ3Cft\,' EYA'ner within, or the ov.ner at a business operating '.vithin, the Cemml:lnity Rmc+'Clol3ment Disbid:, as fell&':.rs: A, Each council member shall al3l3oint a commitree meA'lber at the first: meeting of April foll&'A'ing the election of that eouncilmember to omce, 8, T'::a members shall oc the President at the Sebastian PF9l3elty ();;ners A55edatian Car hi~her designee), and the EKecuttJe Direder at the Sel3astian River Al'Ca Chaml3er at Cammefce Car his/her dcsignec), C, There shall also l3e feur additianal committee members chasen 6'; Nic ci~' C9uncil as a OOS}' which shall rel3FeSent one each af the fellewing constitucncy gFOUI35: i, One realter, at:teFFlc'(, financiall3F9fessional or acoouRtaRt; ii. One r=estaufateur, hetclier, water related or teurism l3usinesspersen; iii, One resident at Nie District; and iv, Onc fCsident from outside the District, In the eveRt that no suital3le al3l3licants are aYiJilaole from a designated f)F9fessian, an mherwise Elualified at laFge meml3er may l3e a13130inted in their I3lace, Section 3. That Section 78-38 of the City of Sebastian Code of Ordinances, is hereby repealed in its entirety, See. 78 38. TePIR5~ Following appointment at tAc initial committec members, thc mcmbcfS directl'f al3l3ainted t:Yl council members shall scrvc until the end at the term at that councill3ersen. Thc twe eemmittee rel3FCSentativcs based ul3en r=esidenC'J' shall serve until Al3ril 1, 299S, and thereafter thcse fCl3reSentatives shalll3c selcctcd at the first scheduled city council mccting at Al3ril in odd numbcred )'ears. The two fCl3fCscntati'...es bascd ul3en professien shall scrvc until Al3ril 1, 2996, and thefeafter these I'Cpr=escntatives shall be sclccted at the first scheduled cit:'( council mceting of April in e'/en numbcrcd 'fears, Section 4. That Section 78-39 of the City of Sebastian Code of Ordinances is is hereby repealed in its entirety. See. 78 39~ Dllties. The cemmittee shall held regular Vl.'OriEshel3S and l3ul3lic hearings to fermulate reeemmendatiens te the CRA fer caml3rehensive I39licies and initiatives te iml3lemeRt the adej3ted eemmuni~' red~.'E:lsl3meRt I3lan. Based ul3sn these l3elicies and initiatives, the committee shall d~:e1el3 a recommended annuall3FegFam fer the CRA, including an sl3eFating and tal3ital l3uE!gct fer the ReE!c'lelsl3meRt Tf'l:I5t Fund, anE! the cammittee shall feFWaFEI thc same te thc CRA ns later than July Isttt-ef each 'fear. Section S. That Section 78-40 of the Oty of Sebastian Code of Ordinances is hereby repealed in its entirety, See. 78 48~ PfeeeduPeS. At t:he first regular ffteeting fallawing appaint:fftent sf nev; fftefftbers in April af each calendar 'fear, er at 1:I=Ie first regular ffteeting thereafter, the Cefftfftittee shall select a chaifft1an ana ..ice ehaifft1an, The Committee shall aaopt A:Ilcs of pf6eedure and a fftecting schedule, Section 6. That Section 78-41 of the City of Sebastian Code of Ordinances is hereby repealed in its entirety, See. 7-8 41. EK 9Ifieie lRelRheM 8Rd _fliRg. The Chaifft1an af the Planning & Zaning Cafftmission shall Be an 0< officio fftefftbers sf 1:I=Ie esfftfftittee. The Ot)' At:teme'; shall Be counsel ta t:he esfftfftittee. The Ow ~~anager shall aesignate an efftl'leyee as recsFEling seaetafY to 1:I=Ie esfftfftittee and an effieial frefft the C~ ~~anageffteAt Depiut:lllcAt to serve as staff Iiaissn t:hereto. SectIon 7. RESERVED. Sections 78-31 through 78-35 78-41 of the Oty Code shall remain reserved. Section 8. CON FUCT. All ordinances or parts of ordinances in conflict herewith are hereby repealed, Section 9. 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 Oty 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 force and effect, Section 10. EFFECTIVE DATE. This Ordinance shall become effective immediately, The foregoing Ordinance was moved for adoption by Councilmember Coy , The motion was seconded by Council member Bur k e en and, upon being put to a vote, the vote was as follows: Mayor Nathan B, McCollum Vice-Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Usanne Monier Council member Sal Neglia aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2005, CITY OF SEBASTIAN, FLORIDA ~:A# / Mayor Nathan B. McCollum ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: .--