HomeMy WebLinkAboutOrdinance No. 09-2007ORDINANCE NO, 09 - 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, REMOVING SECTION 110 -
376 FROM THE CITY CODE CONSISTENT WITH THE
REPEAL PROVISION CONTAINED IN SECTION 4 OF
ORDINANCE 05 -2005; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS this is a glitch ordinance to update City Code consistent with previous actions
of the City Council; and
WHEREAS the Cit y is g r anted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise an power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS the Cit y Council adopted the Cape Canaveral Tree Preservation and
Landscap
Code "Tree Preservation Code ") pursuant to ordinance 05 -2005, on April 19, 2005;
and
WHEREAS it is the intent of the City Council that the Tree Preservation Code apply city -
wide to pr eserve enhance and create green area within the City, to ensure the preservation of existing
g
trees, and to require maintenance of existing and installation of new trees throughout the City; and
WHEREAS section 110 -376 of the City Code addresses the preservation of trees
specifically g p
call duri townhouse development and is inconsistent with the subsequently adopted Tree
Preservation Code; and
WHEREAS the Tree Preservation Code repealed prior inconsistent ordinances such as 110 -
376; and
W HEREAS , given that section 110 -376 is inconsistent with the provisions of the Tree
�V , g
Preservation C Code, and has been repealed indirectly without reference, the City Council now desires
re
to expressly repeal Section 110 -376 in its entirety for purposes of removing it from the City Code;
and
the City Council of the City of Cape Canaveral, Florida, hereby finds this
WHEREAS, y Ordinance to be
in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
City of Cape Canaveral
Ordinance 09 -2007
Page 1 of 3
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 this reference
as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2 . Repeal of Section 110 -376, City Code. Section 110 -3 76 of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby repealed in its entirety. Section 110 -376 is set forth below
for reference purposes only:
Sec. 110 -376. .
LVA
Section 3. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be
incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and
any g headin may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical, p o a hical, and like errors may be corrected and additions, alterations, and omissions, not
affectin g the construction or meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, 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 ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance 09 --2007
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 4' day of
December 2007.
ROCKY RANINELS, Mayor
ATTEST:
6
SUSANSTILLS, City Clerk
Bob Hoog
Leo Nicholas
Buzz Pets o s
Rocky Randels
C. Shannon Roberts
For Against
Second
Motion
x
x
First Reading: 11/20/07
Legal Ad published: 11/24/07
Second Reading: 12/04/07
Approved as gal form and sufficiency for
the City o ap averal only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance 09-2007
Page 3 of 3