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HomeMy WebLinkAboutOrdinance No. 06-2014 ORDINANCE NO. 06-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING SECTION 90-172 OF THE CAPE CANAVERAL CODE OF ORDINANCES REGARDING BANKS OF DETENTION AND RETENTION AREAS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral 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, the City Council of the City of Cape Canaveral believes best stormwater engineering practices serve the interests of ecology and economy and contribute to the general quality of life for the residents of Cape Canaveral; and WHEREAS, the City Engineer of the City of Cape Canaveral has recommended the ordinance revisions detailed herein; and WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: 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 90, Floods, 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 90. It is intended that the text in Chapter 90 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 90. FLOODS * * * City of Cape Canaveral Ordinance No.06-2014 Page 1 of 3 1 ARTICLE IV. STORMWATER MANAGEMENT DIVISION 4.DESIGN STANDARDS Sec. 90-172. Banks of detention and retention areas. Both dry and wet detention/retention areas may be used in the design of the City's stormwater management systems. The perimeter banks of : - - . - - - ;. •. . - . --- . - either system shall have a •• : • . . -•:: slope no greater than of 6:1 4:1; unless otherwise approved by the City Engineer. In For wet detention/retention basins ponds, this slope shall extend at least two feet below the controlled water-level before becoming steeper. Underwater slopes shall not be greater than 2:1. 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. Adoption page follows City of Cape Canaveral Ordinance No.06-2014 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of June, 2014. - .,P '.,, ,e,.- CjCI C4‘i) ,Cjko,■1'(01(24L_ ,�, Rocky Randels, Mayor ATTEST:- • For Against .J l ••..•sao• >x+ *, jF ©"3 WE T 1S,„m John Bond ANG A APPERS � m Bob Hoog x City Clerk Buzz Petsos Motion Rocky Randels x Betty Walsh Second First Reading: May 20, 2014 Legal Ad published: May 29, 2014 Second Reading: June 17, 2014 Approved as to legal form and sufficiency for th 'ty of Cape Canaveral only by: ONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 06-2014 Page 3 of 3 1