Ordinance 12-04 – Approved

This material was filed under
[ Code of Ordinances ]
Ordinance 12-04 – Approved

ORDINANCE NO. 12-04

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY FLORIDA, RELATING TO THE MELBOURNE CAUSEWAY; AMENDING SECTION 13-53 TO REFLECT THE REPLACEMENT BRIDGE NUMBER; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town of Indialantic has certain restrictions with regard to activities within the Melbourne Causeway; and

WHEREAS, the Causeway has defined limitations as to the area where restrictions apply, and

WHEREAS, the eastern edge of the restricted area is defined in the code as being Bridge # 700037, and;

WHEREAS, the Florida Department of Transportation has replaced that bridge; and

WHEREAS, the replacement bridge has been assigned a new number;

NOW, THEREFORE, BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, FLORIDA:

SECTION 1. That Sec. 10-13.4 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 13 53. Definitions.

* * * * *
Restricted area means that part of the Melbourne Causeway lying within the corporate limits of the Town of Indialantic, Florida. The restricted area lies on either side of US-192 (aka SR-500), from the eastern edge of the easternmost relief bridge (aka Bridge #700037 700235) which lies approximately 280 feet west of Riverside Place to the middle of the Melbourne Causeway bridge, a/k/a the Ernest Kouwen Hoven Bridge, on the west.

SECTION 2. 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 and 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 3. 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 4. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of November, 2011, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of December, 2011.

TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor
ATTEST: __________________________
Laura Eaton, CMC (TOWN SEAL)
Town Clerk

'.