ORDINANCE NO. 10-05 – Approved

This material was filed under
[ Code of Ordinances ]
ORDINANCE NO. 10-05 – Approved

ORDINANCE NO. 10-05 – Approved

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 11 RELATING TO PLANNING AND THE TOWN’S ADOPTED COMPREHENSIVE PLAN; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Indialantic Town Council adopted an updated Comprehensive Plan in November, 2009; and

WHEREAS, the Florida Department of Community Affairs has found the Town’s Comprehensive Plan in compliance; and

WHEREAS, certain provisions of the Town Code need to be updated to reflect the provisions of the Comprehensive Plan;

NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Indialantic, Brevard County, Florida, that;

SECTION 1. That Sec. 11-6 of the Code of Ordinances of Indialantic, Florida is hereby amended to read:

Sec. 11-6. Comprehensive plan adopted.

*                      *                      *                      *                      *

(b) The Indialantic Comprehensive Plan consists of a one volume book entitled Town of Indialantic Comprehensive Plan 1999, as adopted by Ordinance No. 99-06 adopted August, 1988, amended December, 1999 and amended November, 2009. The foregoing is incorporated by this reference and is the official comprehensive plan for and of the town.

SECTION 2. That Sec. 11-25 of the Code of Ordinances of Indialantic, Florida is hereby amended to read:

Sec. 11-25. Adopted level of service standards.

The minimum acceptable level of service standards for sanitary sewer, transportation, solid waste, potable water, drainage, schools, and recreation shall be as follows:

*                      *                      *                      *                      *

(2)             Sanitary sewer:

200 120gallons per person residential unit per day.

(3)        Solid waste:

8.32 7.51pounds per person per day.

(4)        Potable water:

£110 120gallons per person per day (residential and non-residential).

*                      *                      *                      *                      *

(7) Schools:

TIERED LEVEL OF SERVICE ‐ SCHOOL YEARS 2007/08 TO 2011/12

Facility Type 2007‐08 2008‐09 2009‐ 10 2010‐11 2011‐12
Elementary 127% 130% 115% 105% 100%
Middle Schools 122% 120% 100% 100% 100%
Jr./Senior High 133% 135% 110% 105% 100%
High Schools 139% 130% 115% 100% 100%

SECTION 3. Severability/Interpretation Clause

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) In interpreting the provisions of this Ordinance, the following rules and

symbols shall apply:

(1) Words underlined are additions to existing text.

(2) Words stricken through are deletions from existing text.

(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 4. Ordinances and Resolutions in Conflict. All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

SECTION 5. Effective Date. This Ordinance shall become effective immediately upon adoption.

PASSED by the Town Council of the Town of Indialantic on first reading the ____ day of ___________, 2010, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the _______ day of ______________, 2010.

TOWN OF INDIALANTIC

________________________

David Berkman

Mayor

ATTEST:             ____________________________

Laura Eaton, CMC

Town Clerk