HomeMy WebLinkAboutOrdinance 98-25
ORDINANCE NO. 98-25
AN EMERGENCY ORDINANCE OF THE CITY OF
OCOEE, FLORIDA IMPOSING A MORATORIUM ON
THE PERMITTING OF BORROW PITS IN THE CITY OF
OCOEE FOR A PERIOD OF 120 DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; DIRECTING
THE CITY STAFF TO RESEARCH AND REVIEW
BORROW PIT REGULATIONS PRIOR TO THE
EXPIRATION OF THE 120 DAY MORATORIUM;
FINDING THE EXISTENCE OF AN EMERGENCY;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, current plans for the construction of the Western Beltway have brought
forth the need for the City to regulate borrow pits within the City; and
WHEREAS, the City Commission of the City of Ocoee, Florida, has determined that
the existing City ordinances do not adequately address the permitting and regulation of borrow
pits in the City; and
WHEREAS, the City is in need of specific regulations and procedures regarding
borrow pits and prohibiting borrow pits, where appropriate, in order to protect the public
health, safety and welfare; and
WHEREAS, it is in the City's best interest to place a 120 day moratorium upon the
permitting of borrow pits within the City of Ocoee so as to allow the City the time necessary to
research and review borrow pit regulations and adopt an ordinance with respect to borrow pits.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
006.106806.1
SECTION 1.
Authority. 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.
SECTION 2.
Moratorium on Borrow Pits. The City hereby places a
moratorium on the permitting of borrow pits within the corporate limits of the City for a period
of 120 days from the effective date of this Ordinance. During this 120 day moratorium the
City shall not accept applications nor process any applications for borrow pit permits.
SECTION 3.
Direction to Staff. Prior to the expiration of this 120 day
moratorium, the City staff and City Attorney shall research and review borrow pit regulations
and forward to the City Commission an ordinance addressing the subject of borrow pits and
whether they should be permitted in the City.
SECTION 4.
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 the pending construction of the Western Beltway, the possibility of
persons seeking to locate borrow pits within the corporate limits of the City in connection with
the Western Beltway, and the lack of any specific City regulations regarding borrow pits.
SECTION 5.
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
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 6. Conflicts. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
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006.106806.1
SECTION 7.
Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED BY THE UNANIMOUS VOTE OF THE CITY
COMMISSION OF THE CITY OF OCOEE this {{"dday of ~6fJil::fI1&tdL , 1998.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
-~
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this J 5' day of ~~bv , 1998.
::LEY?J7~
City Attorney
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006.106806.1