HomeMy WebLinkAboutOrdinance No. 12-2008ORDINANCE 12 -2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, ADOPTING THE FIVE 5
YEAR SCHEDULE OF CAPITAL IMPROVEMENTS IN
ACCORDANCE WITH THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT ACT; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under § 2(b ), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited b
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law; and
WHEREAS, section 1 63.3161 et. seq., Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality n the State of
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o da to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
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Community Affairs, and
WHEREAS, the Five Year Schedule of Capital Improvernents ( "Schedule ") serves as a
companion to the Comprehensive Plan and the Capital Improvement Element "CIE" of the
Comprehensive Plan, by linking capital expenditures with the adopted public olio ; and
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WHEREAS, the Schedule furthers the City's legitimate purpose of meeting the demands for
new and properly maintained infrastructure and facilities in a fiscally responsible manner and in
furtherance of section 166.021, Florida Statutes; and
WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed p ublic
hearing on the proposed Schedule, as set forth herein, and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
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analysis, and after complete deliberation, hereby finds the proposed Schedule consistent with the
City of Cape Canaveral Comprehensive Plan; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
City of Cape Canaveral
Ordinance 12 -2008
Page 1 of 2
reference as legislative findings of the City Council of Cape Canaveral.
Section 2. Adoption of Five -Year Schedule of Capital Improvements. p p The City
Council of the City of Cape Canaveral, Florida hereby adopts the Five -Year
y p Schedule of Capital
Improvements, attached hereto as "Exhibit A," and fully incorporated herein b this � y s reference.
Section 3. Repeal of Prior Inconsistent ordinances and Resolutions.
All prior
inconsistent ordinances and resolutions adopted b the City Council or arts of
prior y p pnor ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause phrase, word . , p d or
provision of this ordinance is for any reason held invalid or unconstitutional b an co y y o
competent jurisd whether for substantive, procedural, or any other reason such portion shall
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bedeemed a separate, distinct and independent provision, and such holden shall not affect ct the
validity of the remaining portions of this ordinance.
Section 5. Effective Date, This Ordinance shall become effective immediate) upon
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adoption by the City Council of the City of Cape Canaveral, Florida and ursuant to
p the City
Charter.
ADOPTED by the City Council of the City of Cape Canaveral, Florida this 20 th da y of
January, 2009.
ATTEST:
SUSAN STILLS, City Clerk
First Reading: 01/06/09
Legal Ad published: 01/10/09
Second Reading: 01/20/09
Approved as to legal form and sufficiency for
the Ci of ape Canaveral onl y ;----
Iftow-
ANTHONY A. GARGANESE, City Attorney
ROCKY RAN LS, Mayor
Bob Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Betty Walsh
For Against
Second
Motion
X
Absent
X
City of Cape Canaveral
Ordinance 12 -2008
Page 2 of 2
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