VII (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