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
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