HomeMy WebLinkAboutResolution 2005-09RESOLUTION NO. 2005-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
EXTENDING THE LAND CLEARING MORATORIUM FOR
THIRTY (30) DAYS UNTIL MAY 2,2005; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council enacted ordinance 2005 -02 on February 1, 2005 imposing
a 50 -day moratorium on land clearing activities within the City of Cape Canaveral; and
WHEREAS, since the adoption of the moratorium, the City Council and Planning and
Zoning Board have been participating in public workshops for the purpose of reviewing and revising
the City's land clearing provisions in the City Code; and
WHEREAS, additional time is required in order to complete the City's review and revision
of the amendments to the land clearing code; and
WHEREAS, pursuant to Section 5 of ordinance 2005 -02, the City may extend the expiration
date of the moratorium 30 days by a majority vote of the City Council at a duly held Council
meeting; and
WHEREAS, the City Council deems that this Resolution is in the best interests 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, THAT:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and hereby fully incorporated herein by reference.
Section 2. Extension of Expiration Date. The expiration date of the land clearing
moratorium enacted pursuant to ordinance 2005 -02 is hereby extended for 30 days. The moratorium
shall expire on May 2, 2005.
Section 3. Severabilily. If any section, subsection, sentence, clause, phrase, word, or
portion of this resolution 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.
City of Cape Canaveral
Resolution No. 2405 -09
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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resolutions in conflict herewith are hereby repealed to the extent of the conflict.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. Effective Date This Resolution shall become effective immediately upon
its adoption by the City Council of the City of Cape Canaveral, Florida.
Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 15th day of March, 2005.
-., ROCKY RANDELS, Mayor
ATTEST - For Against
Bob Hoog SECOND
�:-- Steve Miller ABSENT
- 77 Jim Morgan MOTION
S U SA S ILLS, City Clerk Buzz Petsos x
Rocky Randels x
Approv to legal form and sufficiency for
the C' of ape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
C: City Manager
Building official
Public Works
City Attorney
City of Cape Canaveral
Resolution No. 2005 -09
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