HomeMy WebLinkAboutResolution 2011-43 Extending Moratorium Issuance of Business Tax Receipts RESOLUTION NUMBER 2011 -43
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA EXTENDING THE
MORATORIUM AS TO THE FILING AND /OR RECEIVING
OF ANY APPLICATION OR THE ISSUANCE OF BUSINESS
TAX RECEIPTS OR LAND USE APPROVALS FOR THE
OPERATION OF `PAIN MANAGEMENT CLINICS" FOR AN
ADDITIONAL NINETY (90) DAYS PURSUANT TO
ORDINANCE 2010 -22; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY
AND PROVIDING FOR AN 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, the negative impacts associates with certain pain management clinics create
an urgent situation necessitating immediate investigation into regulation of such clinics in the
City; and
WHEREAS, on December 13, 2010, the City Commission adopted Ordinance 2010 -22,
which established a moratorium for two hundred and seventy (270) days on the issuance of
business tax receipts or land use approvals for pain management clinics to allow the City to
research and study various regulatory options; and
WHEREAS, the City Commission finds that additional time is needed for staff to
conclude its review of the problems associated with pain management clinics within the City and
for the drafting of regulations of those businesses, and as such, the City Commission may extend
the moratorium for an additional ninety (90) days by resolution pursuant to Ordinance 2010 -22;
and
WHEREAS, the City Commission finds it is in the best interest of the citizens of the
City to minimize and control the adverse effects of pain clinics and thereby protect the health,
safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the
quality of life and preserve property values by adopting appropriate regulations regulating
thereto; and
WHEREAS, the City Commission finds this resolution to be in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of
Winter Springs, Florida as follows:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are
hereby fully incorporated herein by reference.
Section 2. Findings of Fact and Extension of Moratorium. The City Commission
finds that additional time is needed for staff to conclude its review of the problems associated
with pain management clinics within the City and for the drafting of regulations of those
businesses. As such, the moratorium on the receipt and /or acting upon applications for any and
all land use approvals or business tax receipts related to pain management clinics that was
established by Ordinance 2010 -22 is hereby extended by the City Commission for an additional
ninety (90) days, and as such, will expire on December 8, 2011.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by a court of
competent jurisdiction, whether for substantive or procedural reasons, 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 Resolution.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting duly assembled on the 22nd day of August, 2011.
j
C AT' ES ACEY, . _
ATTES i :
AN 1 =1"'A 1 RENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the Ci of inter Springs, Florida only:
ANTHONY A. GARGANESE, City Attorney
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