HomeMy WebLinkAboutOrdinance No. 17-2003 ORDINANCE NO. 17 -2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, REPEALING
SECTION 58 -35 OF THE CITY CODE TO BE
CONSISTENT WITH FLORIDA LAW; 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 § 2(b), Art. VIII of the State
constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Florida Growth Management Act requires that the Local
Planning Agency review and recommend amendments to the City's Comprehensive
Plan; and
WHEREAS, the City's Planning and Zoning Board currently serves as the City's
Ihe Local Planning Agency and reviews and recommends amendments to the City
Comprehensive Plan pursuant to Sections 58 -56 through 58 -58 of the Code; and
WHEREAS, Section 58 -35 (which was adopted prior to Sections 58 -56 through
58 -58) currently states the Planning and Zoning Board prepares the Comprehensive
Plan of the City; and
WHEREAS, Section 58 -35 is inconsistent with Sections 58 -56 through 58 -58 of
the City Code and Florida law and should have been repealed when Sections 58 -56
through 58 -58 were adopted; and
WHEREAS, the City Council finds this Ordinance is in the best interest of the
public health, safety, and welfare of the citizens of the City of Cape Canaveral.
BE IT ORDAINED 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
reference as legislative findings and the intent and purpose of the City Council of the
City of Cape Canaveral.
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City of Cape Canaveral
Ordinance 17 -2003
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Ce Section 2. Code Amendment. That Chapter 58 of the Code of Ordinances, City of
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Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates
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additions and strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion
from the Ordinance of text existing in Chapter 58. It is intended that the text in Chapter
58 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance).
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CHAPTER 58. PLANNING
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* * *
Article II. Planning and Zoning Board
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Sec. 58 -35. Reserved.
the requirements in F.S. § 163.3161 et seq. for the welfare, recrctional, cconomic and f
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Cre Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior t
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 t
conflict. 1
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.
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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.
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Section 6. Effective Date. This Ordinance shall become effective immediately upon =-
adoption by the City Council of the City of Cape Canaveral, Florida.
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City of Cape Canaveral
Ordinance No. 17 -2003
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Cr' ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 1st F
day of July, 2003.
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ROCKY RANDE , Mayor
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ATTEST: For Against
Bob Hoog X
Jim Morgan Motion
, ,r =, pp Buzz Petsos Second
Si AN. _ + I LS,'C i y Rocky Randels X
Richard Treverton X
First Reading: 6/17/03 k'
Legal Ad published: 6/21/03
Second Reading: 7/1/03
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Approved as to legal form and sufficiency for
the City . - se Canaveral only: r
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• NTHONY A. GARGANESE, City Attorney t
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City of Cape Canaveral
Ordinance No. 17 -2003
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