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HomeMy WebLinkAbout0296 of Port St. Lucie is to require that upon the occurrence of a vacancy, the City Council has the right and duty to fill the vacancy by appointment of a suitable person to hold that position ~ ~ until the next municipal election, which in the instant cause is ~ i the municipal election to be held in March of 1975. Therefore, ~ ! : the Court finds and determines that the position of City Council-- ~ man Group 2, should b~ declared open for election.in the March, ~ ~ 1975, election, and that the person so elected at that ~ime ~ ~ should serve the remaining two years of the term. ~ As to Count II: The Court finds and determines that there is no provision . ~ in the City Charter which allows a City Councilman to serve as 3 City Engineer and to receive remuneration both as City Councilman ; i and City Engineer. The Court further finds and determines that there ~ is no provision in the City Charter of the City of Port St. Lucie ~ ~ which would allow a City Councilman to serve in any appointive ~ remunerative position with the City of Port St. Lucie other than those ~ positions specifically enumerated in the City Charter of the City of Port St . Lucie . f As to Count -III: ~ The Court finds and determines that the funds presently held byi3~e First National Bank and Trust Company of Stuart, as Trustee, ~ ~ of the Port St. Lucie Employees Pension Fund, consists of monies ~ derived from tax revenues paid by the taxpayers of the City of Port ~ St. Lucie, and that said taxpayers may be irreparably damaged if t ~ ~ such funds are improperly disbursed. ~ ~ As to Count IV:~. ~ Us-=' - ` The Court determines that pursuant to Stipulation of ~ ~ ~ ~ Counsel for Plaintiffs and Defendants, the ordinance permitting ~ payment of severance pay to elected officials who resign or have resigned prior to expiration of their elective terms has been r ' repealed, and that the City of Port St. Lucie will not again ~ ~ enact such an ordinance during the pendency of this cause. ~ ~ NOW, THEREFORE, it is J ORDERED AND ADJUDGED as follows: ` ~ riF ; ~ The City Council of the City of Port St. Lucie be, ; ~ ~ and it is hereby temporarily and permanently ordered to take all s ~ , ; ' 2 ~ R~," e7V PACE t ~ 800K ~ ~ w~ ~ - $_.~,~_s.....,.,.._ , - _