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Home My WebLink AboutVII (B) Emergency Ordinance No. 2003-31 Amending Ordinance No. 2003-17 and Ordinance No. 2003-18 Agenda 8-05-2003 Item VII B FOLEY : LARDNER ATTORNEYS AT LAW MEMORANDUM CLIENT-MATTER NUMBER 020377.0584 TO: Honorable Mayor and City Commissioners of the City of Ocoee FROM: Scott A. Cookson, Esquire, Assistant City Attorney THROUGH: Paul E. Rosenthal, Esquire, City Attorney DATE: July 24, 2003 RE: Emergency Ordinance No. 2003-31 amending Ordinance No. 2003-17 and Ordinance No. 2003-18 - F/X Scenery & Display Property Attached please find Ordinance No. 2003-31 which upon adoption will amend Ordinance No. 2003-17 and Ordinance No. 2003-18 relating to the annexation and comprehensive plan amendment for the F/X Scenery& Display property. The F/X Scenery & Display Property Annexation, Small Scale Comprehensive Plan Amendment and Rezoning was approved by the City Commission on May 6, 2003 conditioned upon the owner acquiring the subject property and delivering to the City a recorded deed within ninety (90) days of the date of approval. The ninety (90) day time frame was selected by the owner and not dictated by City Staff. City Staff would have been supportive of a longer time frame for the acquisition of the property. The owner has advised us that a closing on the property may not occur prior to the expiration of the ninety (90) day condition, and has requested an extension to the time required to supply the City with a copy of the recorded deed. The only way to amend the ordinances, and the effective date therein, would be by ordinance. Since ordinances take two (2) readings and advertising, the only way to accomplish what the owner has requested is to adopt an emergency ordinance which modifies and reinstates the previous ordinances. RECOMMENDATION It is hereby respectfully recommended that the Mayor and City Commissioners adopt the proposed emergency Ordinance. Attachment 006.303469. FOLEY a LARONER ORDINANCE NO. 2003-31 AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RETROACTIVELY AMENDING THE EFFECTIVE DATE OF ORDINANCE NO. 2003-17 AND OF ORDINANCE NO. 2003-18 BY EXTENDING THE DEADLINE FOR THE OCCURRENCE OF A SPECIFIED CONDITION PRECEDENT IN EACH SAID ORDINANCE FROM 90 TO 180 DAYS FROM THE DATE OF ADOPTION; SPECIFYING THAT ALL CONDITIONS PRECEDENT IN SAID ORDINANCES BE SATISFIED NO LATER THAN NOVEMBER 2, 2003; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 6, 2003, the Ocoee City Commission, after due public notice and all required public hearings, adopted Ordinance No. 2003-17 and Ordinance No. 2003-18; and WHEREAS, each of these Ordinances specified that certain conditions precedent must be satisfied within either ninety (90) or one hundred and eighty (180) days in order for the Ordinances to take effect; and WHEREAS, circumstances beyond the control of either the City or the owners of the property which is the subject of said Ordinances have precluded the satisfaction of the ninety (90) day deadline; and WHEREAS, allowing the said Ordinances to expire without becoming effective would be contrary to the best interests of the City of Ocoee and its citizens and the City Commission having determined that the retroactive extension of the same constitutes an emergency; and WHEREAS, the City has determined that it is in the City's best interest to revive and amend said Ordinances to set a uniform deadline for the occurrence of all such conditions precedent, and that one hundred and eighty (180) days from the date of original adoption is an appropriate deadline; and WHEREAS, the City Commission desires only to amend the effective date of said Ordinances and is not amending any substantive provision of said Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. AMENDMENT OF ORDINANCES NO. 2003-17 AND 2003-18. 006.292066. (a) Ordinance No. 2003-17 is hereby amended by deleting Section 10 thereof in its entirety and replacing it with the following: Section 10. Effective Date. This Ordinance shall take effect upon the occurrence of all of the following: (1) delivery to the City of a copy of a recorded deed evidencing the conveyance of the property to be annexed to F/X Scenery & Display, Inc. (the "Deed"); (2) delivery to the City of an amendment to the WA Amendment which allows for Light Industrial land uses on an approximate 9.8 acre portion of the subject property, which IPA Amendment has been executed by both the City and Orange County (the "JPA Amendment"); and, (3) Ordinance 2003-18 becoming effective. Thereafter, the City Clerk is hereby directed to attach a copy of the Deed and JPA Amendment to this Ordinance and to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the effective date. In the event the Deed is not delivered to the City within one hundred and eighty (180) days of the date this Ordinance is adopted, or in the event the JPA Amendment is not delivered to the City within one-hundred eight (180) days from the date this Ordinance is adopted, then this Ordinance shall be null and void and of no further force and effect. (b) Ordinance No. 2003-18 is hereby amended by deleting Section 6 thereof in its entirety and replacing it with the following: Section 6. Effective Date. This Ordinance shall take effect upon the occurrence of all of the following: (1) delivery to the City of a copy of a recorded deed evidencing the conveyance of the property to be annexed to F/X Scenery & Display, Inc. (the "Deed"); (2) delivery to the City of an amendment to the JPA Amendment which allows for Light Industrial land uses on the Property, which JPA Amendment has been executed by both the City and Orange County (the "JPA Amendment"); and, (3) Ordinance 2003-17 becoming effective. In the event the Deed is not delivered to the City within one hundred and eighty (180) days of the date this Ordinance is adopted, or in the event the JPA Amendment is not delivered to the City within one-hundred eight (180) days from the date this Ordinance is adopted, then this Ordinance shall he null and void and of no further force and effect SECTION 3. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 2 006.2e2066. competent jurisdiction, such portion shall he deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon adoption and shall be applied retroactively to May 6, 2003, the original date of adoption of Ordinance 2003-17 and 2003-18. PASSED AND ADOPTED this day of , 2003. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA lean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE ADOPTED PURSUANT TO A FINDING OF CITY OF OCOEE, FLORIDA. APPROVED EMERGENCY ADOPTED BY THE OCOEE AS TO FORM AND LEGALITY CITY COMMISSION ON This day of _ , 2003. , 2003 FOLEY & LARDNER Agenda Item No. By: City Attorney 006.292066. 3