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Ordinance 2009-017 Rescinding No Wake Zone on Starke Lake ORDINANCE NO. 2009-017 AN EMERGENCY ORDIl\A1~CE OF THE CITY OF OCOEE, FLORIDA RESCINDING ORDLNANCE 2009-016 WHICH CREATED A NO WAKE ZONE ON STARKE LAKE, LAKE PRIMA VISTA, AND THE INTERSECTING CANAL IN THE CITY OF OCOEE FOR A PERIOD OF THIRTY (30) DAYS; FINDING THE EXISTEl\CE OF AN EMERGENCY; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, extreme weather conditions caused a substantial rise in the water levels of the lakes and waterways within the City of Ocoee; and WHEREAS, emergency ordinance 2009-016 was created to declare that all Starke Lake, Lake Prima Vista and the intersecting canal as "No Wake Zones" for a period of thirty (30) days. WHEREAS, since the water levels have receded to a level that is safe to resume normal boating activity, the City Commission of the City of Ocoee believes it is in the City's best interests to rescind Emergency Ordinance 2009-016 creating "No Wake Zones" and resume normal boating activity on Starke Lake, Lake Prima Vista and the intersecting canal. 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 Emergency Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Rescind Ordinance 2009-016. The City hereby declares that 2009- 016 is rescinded and normal boating activity may be resumed on Starke Lake, Lake Prima Vista and the intersecting canal. SECTION 3. Emef\;?:encv 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. 006.348658.2 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 All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 16th day of June, 2009. ATTEST: APPROVED: ~~~ Title: c;~ c.l-eAt:.. (SEAL) CITY OF OCOEE, FLORIDA READ FIRST TIME AND ADOPTED June 16, 2009 UNDER STAFF COMMENTS FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ~ day of June ,2009. FOLEIfLA(fLLP,d /J By: ()iwf' ~ City Attorney 0='6,348658,2 -2-