HomeMy WebLinkAboutR-94-38 RESOLUTION NO. R-94-38
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR HOURS OF OPERATION FOR
THE BAILEY DRIVE BOAT RAMP; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian acquired the Schumann Lake
and Island on January 16, 1992 as a result of the Settlement
Agreement between the city of Sebastian and General Development
Corporation; and
WHEREAS, the Bailey Drive boat ramp is located on the
Schumann Lake and is a public recreational facility; and
WHEREAS, Section 74-1(a) of the Code of Ordinances of the
City of Sebastian states that all public parks and public
recreational facilities operated by the City shall be open to the
public from one-half hour before sunrise until 10:00 p.m. unless
specifically set forth by resolution, by special permission or
granted by City Council on a case by case basis; and
WHEREAS, due to the proximity of the Bailey Drive boat ramp
to residential properties, the city Council, in the interest of
protecting the public health, safety and welfare of the citizens
of Sebastian, determine it necessary to close the Bailey Drive
boat ramp one-half hour after sunset.
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, that:
SECTION 1. BAILEY DRIVE BOAT RAMP HOURS OF OPERATION.
Bailey Drive boat ramp shall be open for use by the public from
one-half hour before sunrise until one-half hour after sunset.
SECTION 2. POSTING AND ENFORCEMENT OF OPEN HOURS. The
hours of operation for the Bailey Drive boat ramp shall be posted
and enforced.
SECTION 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the city of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the city Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember ~Z~z~/ The motion was seconded by
Councilmember /-~~ and, upon being put into a
vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. 0berbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of ~! , 1994.
CITY OF SEBASTIAN, FLORIDA
By: v~r.~. Firtion, Mayor
ATTEST:
Kathry~ M. O'H~alloran, CMC/AAE
city Clerk
(SEAL)
Content:
Charles Ian Nash, City Attorney