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HomeMy WebLinkAboutO-93-05 EMERGENCY ORDINANCE NO. 0-93-05 AN ORDIN~NCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT~ ~M~IENDING ORDiN~CE NO. 0-92-14 TO EXTEND THE EFFECTIVE DATE OF SAID ORDINANCE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR SEVEI~BILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian previously enacted Ordinance No. 0-92-14 to amend the provisions of Section 3.5-4(a) of the Code of Ordinances of the city of Sebastian; and WHEREAS, the effective date for Ordinance No. 0-92-14 was to be January 8, 1993; and WHEREAS, the city Council of the city of Sebastian has determined that it would be in the best interest of the city of Sebastian and its residents to provide the current airport manager with additional time to sell the fixed base operation that he currently conducts at the Sebastian Municipal Airport; and WHEREAS, the City Council for the City of Sebastian has determined that the failure to continue to utilize the current airport manager or have adequate time to replace the current airport manager would pose a public emergency which would affect the life, health, property and public peace of the city of Sebastian and its residents; and WHEREAS, Section 2.13 of the city Charter of the City of Sebastian permits the city Council to adopt an emergency ordinance; and WHEREAS, Section 166.041(b) of the Florida Statutes permits a municipality to adopt an emergency ordinance by a two-thirds vote of the members of the city Council without complying with the requirements of Section 166.041(a) of the Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AMENDMENT TO EFFECTIVE DATE. Section 5 of Ordinance No. 0-92-14 enacted by the City Council of the city Sebastian, Indian River County, Florida, on July 8, 1992, is hereby extended from January 8, 1993, to April 7, 1993. SECTION 2. CONFLICT. Ail ordinances or 9arts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. In the event a court of comgetent jurisdiction shall hold or determine that any 9art of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it will be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional 9rovision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional 9rovision there by causing said remainder to remain in full force. SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. SECTION 5. REPEAL This Ordinance shall be automatically repealed on the 91st 2 day after adoption. The foregoing Ordinance was moved for adoption by Council Member ~~~ Member~~ the vote was as follows: The motion was seconded by council and, upon being put to a vote, Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this ~- day o~ , 1993. Lonhie R. ATTEST: Kathry~ M. O'H~lloran, CMC/AAE Approved as/to F~m and Content: Charles Ian Nash, City Attorney CHARTER § 2.14 attendance of absent members in the manner and subject to the penalties prescribed by the rules of the city council. No action of the city council, except as otherwise provided in the preceding sentence and in section 2.08 [now repealed] shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the city council. (Ord. No. 0-88-43, § 9, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 3, 1-8-92) Editor's note-See the editor's note following § 2.11. Sec. 2.13. Emergency ordinances. To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one (1) or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except an emergency appropriation. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that a~ emergency exists and de- scribing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affn-mative vote of at least four (4) members shall be required for adoption. After its adoption the ordinance shall be posted as pre. scribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except an emer- gency appropriation shall automatically stand repealed as of the ninety~frrst (91st) day fol- lowing the date on which it was adopted, but this shall not prevent reenactment of the ordinance in' the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (Ord. No. 0-88-43, § 10, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note-See the editor's note following § 2.11. State law reference-Uniform minimum requirements for adoption of ordinances, F.S. § 166.041. Sec. 2.14. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordi- nance shall be as prescribed for ordinances generally, except that: (1) The requirements of state law for distribution and filing of copies of the ordinance shall be construed to include copies of the cede of technical regulations as well as of the adopting ordinance; and (2) A copy of each adopted code of technical regulations as well as of the adopting ordi- nance shall be authenticated and recorded by the city clerk. (Ord. No. 0-88-43, § 11, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note-See the editor's note following § 2.11. CHT:13