HomeMy WebLinkAboutOrdinance No. 17-2012ORDINANCE NO. 17-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 38, FIRE PREVENTION AND
PROTECTION, OF THE CAPE CANAVERAL CODE OF
ORDINANCES RELATED TO PUBLIC FIRE PROTECTION
SERVICE CHARGES; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
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 municipalities to impose user
charges or fees authorized by ordinance which are necessary for the conduct of municipal
government; and
WHEREAS, pursuant to that Water Franchise Interlocal Agreement dated May 10, 1994
("Franchise Agreement"), the City of Cocoa ("Cocoa") has an exclusive franchise to operate a water
distribution system within Cape Canaveral and to provide water through its system to Cape
Canaveral and the water consumers located therein; and
WHEREAS, as part of its water franchise, Cocoa is responsible for the installation and
maintenance of fire hydrants located in Cape Canaveral and charges Cape Canaveral for such
installation and maintenance; and
WHEREAS, currently Cape Canaveral remits monthly payments directly to Cocoa for said
fire hydrant fees without passing the fees through to Cape Canaveral water consumers; and
WHEREAS, given the City's current budgetary challenges, and that Cape Canaveral's water
consumers are the recipients of the fire protection services provided by the fire hydrants located
throughout the City of Cape Canaveral, the City Council desires to have the fire hydrant charges
billed directly to Cape Canaveral water consumers on their monthly water utility bill; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be 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:
City of Cape Canaveral
Ordinance No. 17-2012
Page 1 of 3
Section 1. 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 38, Fire Prevention and Protection, of the Code
of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 38. It is intended that the text in Chapter 38 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 38. FIRE PREVENTION AND PROTECTION
ARTICLE I. IN GENERAL
Sec. 38-8. Reserved. Fire protection service chargee.
Any public fire protection service charges imposed by the City's water provider for fire
hydrants located within Cape Canaveral shall be billed directly to City of Cape Canaveral water
consumers as part of each consumer's monthly utility bill. Such charges shall be based on the
monthly, per -hydrant fee adopted by the City's water provider.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
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. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
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.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. 17-2012
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
October, 2012.
Rocky Randels, Mayor
ATTEST:
ANG LAA.APPER z`.'I,�ity Clerk
IkY9
First Reading: September 18, 2012
Legal Ad published: October 4, 2012
Second Reading: October 16, 2012
Approved as to legal form and sufficiency
for the it ape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 17-2012
Page 3 of 3
For Against
X
Second
Motion
X
X