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HomeMy WebLinkAboutO-1991-045 ORDINANCE NO. 45- 91 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REQUIRING THAT ALL CITY STREETS CONSTRUCTED OVER AND ACROSS WETLANDS WITHIN THE CORPORATE LIMITS OF THE CITY BE ELEVATED TO PROTECT THE FREE FLOW OF SURFACE WATER AND PROTECT THE HABITAT OF ALL PLANT AND ANIMAL LIFE LOCATED IN AND ABOUT SUCH STREETS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEPARABLITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, water is the natural resource upon which all life depends; and WHEREAS, wetlands are a valuable natural resource which serve as a vital link between land and water; and ?� WHEREAS, wetlands provide protection and filtration of the Biscayne Aquifer, the sole economical source of water supply for j, South Florida; and WHEREAS, wetlands provide many important benefits to people and their environment such as to improve water quality, reduce flood and storm damage, provide important fish and wildlife habitat and support hunting and fishing activities; and WHEREAS, more than fifty-four percent ( 54%) of the nation's wetlands have vanished forever; and WHEREAS, the City of Dania adjoins the unique West Lake Coastal Wetland Preserve Area which has been recognized by the State of Florida and Broward County as an area of critical concern for protection and preservation; and WHEREAS, The city commission is on record as to its support of the protection and preservation of wetlands. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 45-91 Ordinance No. i CITY OF DANIA, FLORIDA: of Dania, Sect�� That the City Commissioners of the City Biscayne Florida, in order to protect the coastal wetlands and the vested in Aquifer find that every available power and authority the City of Dania by the laws of Florida must be exercised and used to preserve and protect each wetland area located within the limits of the City of Dania and in order to accomplish corporate and ordain the following amendment to this result do hereby enact { the city code: Sacross areas a That all city streets constructed over and Florida that of within , the corporate limits of the City of Dania, have been designated as wetlands by the Department of Environmental Regulation of the State of Florida or the U.S. Army Corps of Engineers shall a elevatedface toa .rossg said ht uarea land to a permit the free flow of any I protect the habitat of all plant and animal life in and about such streets. plans and specifications for construction of (b) That the p requirement any city streets which are subject to the foregoing shall be approved by the Department of Environmental Regulation of the State of Florida, urisdictionmyoverpsthe of Ewetlands eers nginain the I' other agencies having jurisdiction commission which shall have the subject areas including the right of final approval. the intention of the Dania City Sect_ It is shall become Commissioners that the provisions of this ordinance and be made a part of the City of Dania Code; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance may be changed to "section, " "article, " or such other appropriate word or phrase in order to accomplish such intention. Sect 3• If any section, subsection, sentence, clause, y reason held invalid phrase or portion of this ordinance is for an -2- 45-91 Ordinance No. _----- t 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 portions of this ordinance. Section 4 . That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be extent of such conflict. and the same are hereby repealed to the Sect_ That _,,is ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the day of November 1991. on loth Second and Final Reading PASSED and ADOPTED on the 3 day of Dece_ mb�—' 1991 . MAYOR - COMMISSIONER ATTEST: �1 Y CLER - AUDITOR ' CITY I APPROVED AS TO FORM AND CORRECTNESS FRANK C. ADLER, City Attorney -3- 45-91 Ordinance No. 1 i 4- HOLLYWOOD SUN Established as The Hollywood Sun - January 4, 1935 HOLLYR'OOD, BROWARD COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARD Before the undersigned authority personally appeared MARY ANN RUSSELL _ Who on oath says IRshel is Administrative Assistant Of the Hollywood Sun a daily newspaper published at Hollywood in Brossard county, Florida: that the attached copy of adTertisement, being a NOTICE OF HEARING in the matter of CITY COMMISSION, CITY OF DANIA in the CITY OF HOi LYW00D XW&t, R was published in said newspaper in the issue of — November 30 1991 (Z-14) tl� < Affiant further says that The said Hollywood Sun is a newspaper published a Hollywood in said Brossard County,Florida,and that the said newspaper has heretofore been continuously published in said Broward County,Florida,each week and has been entered as a second class matter at the post office in Hollywood in s `f said Countv,Florida,for a period crone year neat preceding the first publication of The attached copy of ad- vertisement:and affiant further says that he has neither paid nor promised any person,firm or corporation r any discount,rebate,commission or refund for the purpose of securing this adsertisemenl for publication in 1 '+- the said newspaper. NOTICEOFMEARING SILITY; AND PROVIDING BEFORE THAT ALL ORDINANCES _— CITYCOA'FLORI A.ITY OR PARTS OF ORDI. 21 0. F D ANIA,FLORIDA,R F NANCES AND ALL PARTS OF r GA RDINQ ADOPTION OF LUilO NS OR PARTS N v THE FOLLOWING PRO- RESOLUTIONS IN CON POSEDORDINANCES: FLICT HEREWITH BE RE PEALED TO THE E%TEN' r NOTICE IS HEREBY GIVEN OF SUCH CONFLICT;AN Sworn to and subscribed before me IM1nI ln•City Commnsren OI PROVIDING FOR AN EF. the Cnyol DOhla,Flor,d .on FECTIVEDATE. Dnumb•r +a.+"B+ al Soo This day of .- A.D. 19 P t mmn�me,log heed will A copYOl tha p,.Pat..pr dl. ^� can Qua•Puhlw hnnrrna In nOnu 6 an bin In mn F.Ce 1 hn Cdy CammiUmhraam of Of the G\Y Cbrn,Cey Hmi. IM1e Den10 CITY Hell, 10[ ISO West Dania. Florian II WAN Dann B•aCN BOUIe' and-.,b Bl nspeclaa by in NOTARY PLIBLIC Ynm.Dnn m,FlonGa la can public Uurinp Farm.+ r. slenrinep,Fp...d eddpl-On Ina neon. of the Imlowmp oIdm.n Gas tSEALI r'... ,... Pu.._ .. .Am Ted: Iht....ad patios may tip 1%J SCIU ii [ _ AN ORDINANCE OF THE I In.al Ori rs n�o m•ab 6vh GC:!THHu halAgY f'U b" UNd H:IHITE!. CREA)93. CITY OTINGAAI NEW DSEL tea r and be hoard wtln rn TION OF THE CODE OF SP•ctlpinapropose d. ORDINANCES OF THE CITY OF DANIA.FLORIDA. TO BE DESIGNATED SEC- Any person wno decides to TIONS 20.66 AND 23-67 OF Appeal any dncramn made ARTICLE VI OF CHAPTER bylht Clty Commnamn--in 23. PROVIDING FOR A rupuct to any mabar can SERVICE CHARGE FOR slotted at tha nearing will PROCESSING REQUESTS tied O r cord of In. prm FOR LIEN INFORMATION; tit dlnas and Ipr ...h ov, PROVIDING FOR SEPARA• porn may head l0 nsun BILITY. PROVIDING FOR IhG a vnrbOnm....Id el+n. CODIFICATION;AND PRO procrn d. n mad 'whit,. VIDING THAT ALL Cl nce,d Includns IN tell- NANCES OR PARTS OF many and evidence upon ORDINANCES AND ALL wh.Fh the appnel la to Or RESOLUTIONS OR PAnTs made. . OF RE SOLUTIONS IN CON FLICT HEREWITH BE RE nl Wanda Mullein I PEALED TO THE EXTENT Cuy ClbrY OF SUCH CONFLICT,AND PROVIDING FOR AN EF- N.SNw.30.19911b Iq FECTIVEDATE AN ORDINANCE OF THE CITY OF DANIA,FLORIDA. REQUIRING THAT ALL CITY STREET$ CON- STRUCTED OVER AND ACROSS WETLANDS WITHIN TuE CORpp RATE I I I I I I