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HomeMy WebLinkAboutOrdinance 2004-25 ORDINANCE NO. 2004-25 AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ORDINANCE NO. 2004-24 WHICH IMPOSED A NO WAKE ZONE OVER ALL LAKES AND WATERWAYS WITHIN THE CITY OF OCOEE THROUGH NOVEMBER 30, 2004; ADDING AN EXCLUSION FOR STARKE LAKE AS OF NOVEMBER 18, 2004; FINDING THE EXISTENCE OF AN EMERGENCY; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, recent weather conditions have caused a substantial decrease in the water elevation level of the Starke Lake; and WHEREAS, wakes produced from boats, jet skis and other watercraft in Starke Lake no longer pose a threat of additional damage or erosion to residences, roadways surrounding shorelines; and WHEREAS, the City Commission of the City of Ocoee believes it is in the City's best interests, beginning November 18, 2004, to exclude Starke Lake from the list of waterways within the City of Ocoee mandated as "No Wake Zones" for a period ending November 30, 2004. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. 006.348658.2 SECTION 2. No Wake Zone. The City continues to declare all of the lakes, and waterways, excluding Starke Lake, within the City of Ocoee as "No Wake Zones" for a period ending November 30, 2004. During this period, no boat, jet ski or other watercraft may create a wake on any part of any other lake or waterway. SECTION 3. Emergency Ordinance. Pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission of the City of Ocoee hereby finds that an emergency situation exists due to new information of the decrease in water levels in Starke Lake, no further threat of additional damage, and improved quality of life by allowing residents to resume normal activities on the lake as families gather for the holidays, SECTION 4. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Conflicts. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of , 2004. 006.348658.2 -2- ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEG,ALITY A I this lk day of (VDJ~kr, 2004. FOLEY & LARDNER LLP By: ,~S ~ City Attorney 006.348658.2 APPROVED: CITY OF OCOEE, FLORIDA S'~ d:t~1l\~ S. Scott Vandergrift, Mayor READ FIRST TIME AND ADOPTED J:JoJ ~ ,2004 UNDER lBA I1'E~1 N9.~CoO\O\U.-\-S -3-