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HomeMy WebLinkAboutResolution 2011-31 NOT CONSIDERED DUE TO ORD. NO. 14 -2011 FAILURE TO PASS RESOLUTION NO. 2011-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ADOPTING A FEE SCHEDULE FOR CHAPTER 74, ARTICLE III OF THE CITY CODE RELATED TO STOPPING, STANDING AND PARKING; PROVIDING FOR THE 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, section 166.201, Florida Statutes, authorizes the City Council to impose fees necessary for the conduct of municipal government; and WHEREAS, the City Council adopted Ordinance 14 -2011, authorizing the imposition of fees related to the City's stopping, standing and parking regulations set forth in Chapter 74, Article III of the Cape Canaveral Code of Ordinances; and WHEREAS, the City Council desires to implement the fee schedule set forth herein related to permitting outdoor entertainment events; 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. 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. Adoption of Fee Schedule for Article III, Chapter 74 of the City Code. The Cape Canaveral City Council hereby adopts the following fees authorized by Article III of Chapter 74 of the Cape Canaveral Code of Ordinances: (A) Hourly parking fees $1.00 per hour (B) Annual parking permit $30.00 per year (C) Special event flat parking rate $25.00 per event City of Cape Canaveral Resolution No. 2011 -31 Page l of 3 (D) Parking citation $30.00 (E) Handicapped or special event parking violation $100.00 (F) Violation for parking on ocean dunes $100.00 (G) Penalty for late payment of parking citation $25.00 (H) Administrative fee for dismissing parking citation for improperly displayed placard or permit $10.00 (I) Appeal of parking citation (Refundable if citation is dismissed) $25.00 (J) Fee to remove immobilization device $25.00 Section 3. Incorporation into "Appendix B" to the Code of Ordinances. The fee schedule set forth in this Resolution shall be incorporated into "Appendix B" to the Cape Canaveral Code of Ordinances and any section or paragraph number or letter and any heading may change or be modified as necessary to effectuate the foregoing. 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 tY• Y p o P 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. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2011 -31 Page 2 of 3 fi RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 20th day of December, 2011. Rocky Randels, Mayor ATTEST: For Against John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2011 -31 Page 3 of 3 1