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HomeMy WebLinkAboutResolution 2009-25RESOLUTION NO. 2009 -25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, EXTENDING FOR A PERIOD OF SIX (5) MONTHS THE TEMPORARY SUSPENSION OF THE ENFORCEMENT OF DISPLAY TIME LIMITS AND PERMIT FEES APPLICABLE TO TEMPORARY ON- PREMISES SIGNS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City 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, on February 3, 2009, the City Council approved Resolution 2009 -05, temporarily suspending the enforcement of the time limits to display temporary on- premises signs and suspending permit fees for same; and WHEREAS, Section 3 of Resolution 2009 -05 authorizes the City Council to extend the temporary suspension of these regulations for one (1) additional six -month period; and WHEREAS, the City Council desires to extend the temporary enforcement of the temporary on- premises sign t egulations for six (6) months as set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Extension to Temporary Suspension of Certain Sign Regulations. The Cape Canaveral City Council hereby extends the temporarily suspension of the enforcement of Sections 94 -76 and 94 -3 5, Cape Canaveral City Code, as initially set forth in Resolution 2009 -05, for a period of six (6) months. Section 3. Termination of Suspension Period. Notwithstanding any other provision of this Resolution, the City Council reserves the right to terminate, at any time, the six (6) month extension to the suspension period set forth in Section 2 herein. Any such termination shall be by majority vote City of Cape Canaveral Resolution No. 2009 -25 Page I of 2 of the City Council at a duly held City Council meeting. Section 4. Repeal of Prior Inconsistent Resolutions . All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by -- tlie.City Council of the City of Cape Canaveral, Florida this 4th day of August, 2009. ATTEST: MI GOFOiftii - 9 -- Acting Deputy City Clerk Approved as to legal form and sufficiency for the City ape Can only: ANTHONY A. GARGANESE, City Attorney ROCKY RAND E S, Mayor Bob Hoag Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh For Against X Motion X X Second - - City of Cape Canaveral Resolution No. 2009 -25 Page 2 of 2