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HomeMy WebLinkAbout2005 06 27 Public Hearing 405-Emergency Ordinance 2005-25, Chestnut Estates Parking COMMISSION AGENDA ADD-ON Consent Informational Public Hearings X Regular ITEM 405 June 27. 2005 Regular Meeting Mgr. / Dept. Authorization REQUEST: Discussion And Passage Of Emergency Ordinance 2005-25. COMMISSION ACTION: ORDINANCE NO. 2005-25 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA TEMPORARILY EXEMPTING THE CHESTNUT ESTATES SUBDIVISION FROM THE VEHICLE ON-STREET PARKING PROHIBITION OF SECTION 12-65(1)(a) OF THE CITY CODE UNDER THE CONDITIONS STATED IN THIS ORDINANCE; MAKING FINDINGS OF AN EMERGENCY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, DIRECTION THAT THIS ORDINANCE NOT BE INCORPORATED INTO THE CODE, SEVERABILITY, EFFECTIVE DATE, AND AN AUTOMATIC TERMINATION DATE NINETY (90) DAYS AFTER THE 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, pursuant to Chapter 316, Florida Statutes, the City has exclusive jurisdiction over city roadways running through and within the City of Winter Springs; and WHEREAS, through the enactment of Section 12-65 of the City Code, the City Commission has prohibited on-street parking of vehicles on roadways unless otherwise expressly authorized in the City Code; and WHEREAS, on-street parking is currently prohibited within the Chestnut Estates subdivision located adjacent to Winter Springs Boulevard; and WHEREAS, credible evidence has been presented to the City Commission indicating that residents of the Chestnut Estate subdivision are in a dispute; and WHEREAS, such evidence also indicates that some residents of the Chestnut Estates subdivision are trying to enflame this dispute by using the existence of Section 12-65 to harass, intimidate and threaten other residents of the Chestnut Estates subdivision by making numerous non-emergency calls for service to the Winter Springs' police department; and WHEREAS, the City Commission of Winter Springs hereby finds that this dispute constitutes a serious threat to the community and an emergency situation; and WHEREAS, the City Commission desires to take immediate steps to attempt to assist the residents of the Chestnut Estates subdivision in reducing this threat to the extent that residents are attempting to utilize Section 12-65 to threaten and harass other residents; and City of Winter Springs Ordinance 2005-25 Page 1 of3 WHEREAS, the aforesaid situation must be addressed immediately by the City Commission in order to reduce a serious threat to the community; and WHEREAS, the City Commission hereby finds that the goals of this Ordinance serve a public purpose and that this Ordinance was unanimously approved by the City Commission present at a public meeting on June 27,2005; and WHEREAS, the City Commission of Winter Springs also finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS 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 Commission of the City of Winter Springs. Section 2. Chestnut Estates; Temporary Exemption from Section 12-65(1)(a). The Chestnut Estates subdivision located adjacent to Winter Springs Boulevard is hereby temporary exempt from the provisions of Section 12-65(1)(a), subject to the following conditions: 1. The exemption shall only apply to the even address side of Blue Creek Drive and Black Cherry Court ("hereinafter referred to as "Streets"). 2. The Police of Chief is hereby instructed to immediately notify the board of directors of the Chestnut Estate Home Owner's Association. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Not Incorporated Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. 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; Termination. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. This Ordinance shall automatically expire ninety (90) days after the effective date. City of Winter Springs Ordinance 2005-25 Page 2 of3 ADOPTED by the City Commission of the City of Winter Springs, Florida, this 27 th day of June, 2005. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Ordinance 2005-25 Page 3 of3