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HomeMy WebLinkAboutOrdinance No. 14-2005ORDINANCE NO. 14 -2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RESPONDING TO THE RECENT UNITED STATES SUPREME COURT DECISION OF KELO V. CITY OF NEW LONDON, 125 S. Cte 2655 (2005); PROVIDING FOR LIMITATIONS ON THE CITY COUNCIL'S AUTHORITY TO EXERCISE EMINENT DOMAIN POWER SOLELY FOR ECONOMIC 0 DEVELOPMENT PURPOSES PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND 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 WHERFAS, munici palities are also expressly authorized to exercise eminent domain powers pursuant to Sections 166.401 and 166.411, Florida Statutes, and Section 163.375, Florida Statutes; and WHEREAS, through the enactment of this Ordinance, the City Council desires to place "- self- imposed limitations on the City Council's ability to exercise eminent domain powers solely for economic development purposes i*n light of the United States Supreme Court's decision in ]Kelo v. City of New London, 125 S. Ct. 2655 (2005); and WHEREAS, the City Council finds that the placing such limitations serves a municipal purposes by enhancing and protecting private property rights within the City of Cape Canaveral, 9 Florida; and WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section I - 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 Code Amendment. Chapter 2, Article II, City Council, of the Code of 1�� =on"= Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and � *��r�� type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2, Article II. It is intended that the text City of Cape Canaveral Ordinance 14 -2005 Page 1 of 3 in Chapter 2, Article II, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2 GENERAL ARTICLE IL CITY COUNCIL Sec. 2 -70. Eminent Domain Powers. Notwithstandiniz�the United States Supreme Court's decision in Kelo v. City ofNew London, 125 101 S. Cte 2655 (2005), and an other au thority,under Florida law, the City Council shall not exercise the Power domain solely for economic development purposes. Anv exercise of such power shall be declared void ab inl*tio.. Sec. 249 71 -2 -90 Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 1-0111� inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 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. Section 5. Severabl*11'ty. 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 14 -2005 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 6th day of September, 2005. C�© ROCKY RANDEL ,Mayor ATTEST: For Against Burt Bruns Second Bob Hoog _X Jim Morgan Absent ,011111111■—.1W / Buzz Petzos Motion SUSAN ' ILL , City Clerk Rocky Randels _X First Reading: August 16, 2005 Legal Ad published: August 26, 2005 Second Reading: September 6, 2005 Approved as to legal form and sufficiency for the City of Cape Canaveral only: flY ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance 14-2005 Page 3 of 3