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HomeMy WebLinkAboutResolution No. 2012-04 1 l i 1 1 RESOLUTION NO. 2012 -04 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, EXEMPTING ELECTRONIC SIGNS FROM SIGN PERMIT FEES; RESERVING THE CITY COUNCIL'S RIGHT TO 1 REIMPOSE SAID FEES; 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 1 Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and i WHEREAS, in 2009, the City Council substantially revised the City's sign regulations and permitted electronic signs in the City of Cape Canaveral subject to certain limitations; and WHEREAS, the City Council adopted Resolution 2011 -04 on March 15, 2011, temporarily suspending sign permit fees for electronic signs; and WHEREAS, the City Council desires to continue to exempt electronic signs from the City's sign permit fees indefinitely until economic conditions improve; 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: 1 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. 1 Section 2. Permit Fee Exemption for Electronic Signs. The Cape Canaveral City Council 1 hereby exempts electronic signs from the City's sign permit fees imposed pursuant to section 94 -35 of the City Code and set forth in Appendix B, Schedule of Fees. The issuance of a sign permit shall still be required prior to the construction of or conversion to an electronic sign. Any person failing to obtain said permit shall not be entitled to the fee exemption set forth herein and shall be liable for double permit fees. All other provisions of Chapter 94, Signs, not affected by this Resolution shall remain in full force and effect. 1 Section 3. Reimposition of Electronic Sign Permit Fee. Nothing herein shall be construed as 1 1 a limitation on the City Council's right, at its sole discretion, to reimpose sign permit fees for City of Cape Canaveral l Resolution No. 2012 -04 1 j Page l of 2 1 1 1 I 3 y i 1 1 electronic signs. Any such fees shall be adopted by resolution approved by a majority vote 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. 1 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. 1 Section 6. Effective Date. This Resolution shall become effective immediately upon adoption I by the City Council of the City of Cape Canaveral, Florida. I i RESOLVED "ba the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this.20th day of March, 2012. ..,,, _ , . ,-, .., C-43 CV.JAQA.. Rocky Randels, Mayor ATTEST w " For Against John Bond X GE A 2IPPE ttlegothofr‘' l erk Bob Hoog Second Buzz Petsos x Rocky Randels x Betty Walsh Motion Approved as to legal form and sufficiency for the ity of Cape Canaveral only by: Al/ /4 ml= 1 • nthony A. Gargane e, City Attorney 1 City of Cape Canaveral Resolution No. 2012 -04 Page 2 of 2 t i I 1 1 i