ORDINANCE No. 96-25

AN ORDINANCE AMENDING THE ORDINANCE ESTABLISHING THE TOWN OF FORT MYERS BEACH LOCAL PLANNING AGENCY, PROVIDING AUTHORITY; AMENDMENT; SEVERABILITY; EFFECT OF ORDINANCE AND EFFECTIVE DATE.

IT IS HEREBY ORDAINED BY THE TOWN OF FORT MYERS BEACH AS FOLLOWS:

SECTION 1. Authority. This Ordinance is enacted pursuant to the provisions of Chapter 95-494, Laws of Florida, Chapter 166, Florida Statutes, and other applicable provisions of law.

SECTION 2. Amendment. SECTION 3., of the ordinance establishing the Town of Fort Myers Beach Local Planning Agency "LPA" is hereby amended to read as follows:

SECTION 3. Composition and appointment. The LPA shall consist of not less then seven nor more than nine members appointed by the Town Council.

SECTION 3. Severability. If any one of the provisions of this ordinance should be held contrary to any express provision of law or contrary to the policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever beheld invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of this ordinance , and in no way affect the validity of all other provisions of this ordinance.

SECTION 4. Effect of Ordinance. The provisions of this Ordinance shall be deemed cumulative and supplemental and shall have no legal effect upon the ordinance establishing the Town of Fort Myers Beach Local Planning Agency except as expressly provided.

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

The foregoing ordinance was enacted by the Town Council upon

a motion by Council Member FitzSimons and seconded by Council Member Murphy and, upon being put to a vote, the result was as follows:

Anita T. Cereceda aye

Ted FitzSimons aye

William (Rusty) Isler aye

Garr Reynolds aye

Ray Murphy aye

DULY PASSED AND ENACTED this 30th day of September, 1996.

ATTEST: TOWN OF FORT MYERS BEACH

By: By:

Marsha Segal-George, Town Clerk Anita T. Cereceda, Mayor

Approved as to form by:

Richard V.S. Roosa, Town Attorney