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HomeMy WebLinkAboutcocc_resolution_no_2022-25_20221018RESOLUTION NO. 2022-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING APPENDIX B, SCHEDULE OF FEES OF THE CITY CODE TO INCLUDE A PERMIT FEE RELATED TO FEATHER SIGNS UNDER SECTION 94-86 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, home rule enables the City to provide a schedule of fees for carrying out the City's responsibility to administer and enforce the City Code; and WHEREAS, Section 166.201, Florida Statutes specifically authorizes a municipality to impose user charges or fees which are necessary for the conduct of municipal government; and WHEREAS, the City Council desires to update its schedule of fees to establish a permit fee related to feather signs authorized in accordance with Ordinance No. 17-2022; and WHEREAS, the City Council finds this Resolution to be in the best interest of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated herein by this reference as part of this Resolution. Section 2. Amendment to Appendix B, Schedule of Fees. Appendix B, Schedule of Fees, to the Cape Canaveral Code of Ordinances, is hereby amended to include the following permit fee related to Section 94-86 regulating feather signs as follows (underlined type indicates additions and strikeout type indicates deletions, while Chapters not stated below, and type not underlined or struckout shall remain the same as the language existing prior to adoption of this Resolution): Appendix B - SCHEDULE OF FEES Printed herein are the fees, rates and charges established by resolution of the city council. Subpart A. General Ordinances **** City of Cape Canaveral Resolution No. 2022-25 Page 1 of 3 Chapter 94. Signs Amount Code Section (a) Permit Fee shall be calculated on actual contract using subsection (a) of Chapter 82 of Appendix B (b) Reinspection fee 50.00 94-35 (c) For commencing work without a permit, all fees shall be double (d) Temporary off -premises signs, feather signs, and banners and 50.00 94-81. 94-86 temporary nonresidential signs greater than 12 sq. ft. and 94-4(7) Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. Section 4. Incorporation into Appendix B, Schedule of Fees. This Resolution shall be incorporated into Appendix B, Schedule of Fees, to the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Resolution and the City Code may be freely made. Section 5. Severability. If any section, clause, phrase, word or provision is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 18th day of October, 2022. [Signature Page Follows] City of Cape Canaveral Resolution No. 2022-25 Page 2 of 3 Wes Morrison, Mayor ATTEST: Mia Goforth, CMC City Clerk Kim Davis Second Mickie Kellum X Wes Morrison X Angela Raymond Motion Don Willis X FOR AGAINST Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2022-25 Page 3 of 3 SEAL of Cape Canaveral, Florida