ORDINANCE No. 01-04

AN ORDINANCE OF THE TOWN OF FORT MYERS BEACH AMENDING ORDINANCE NO. 99-09 THE TOWN OF FORT MYERS BEACH TIMES SQUARE M.S.B.U. PROVIDING AUTHORITY; AMENDMENT TO ADVISORY COUNCIL; SEVERABILITY; CONFLICTS 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, and Chapter 170, Florida Statutes, Chapter 13. SECTION 4. Formation of districts, Town of Fort Myers Beach Code of Ordinances and other applicable provisions of law.

 

SECTION 2. Amendment to Advisory Council. Section 6.  Advisory Council Of Ordinance No. 99-09 The Town Of Fort Myers Beach Times Square M.S.B.U. is amended to read as follows:

SECTION 6.  Advisory Council.  There is hereby established an advisory council to the board of directors comprised of not less then five nor more than nine property owners or persons designated by a property owner as their agent (one each) of the district who shall not be salaried officials of the town.

 

SECTION 3.  Severability.  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 portions hereof.

 

SECTION 4.  Conflicts.  Whenever the requirements or provisions of this Ordinance are in conflict with the requirements or provisions of any other lawfully adopted Ordinance or Statute, the most restrictive shall apply.

 

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 Rynearson and seconded by Council Member Cain and, upon being put to a vote, the result was as follows:

 

            Daniel Hughes                         aye

Garr Reynolds                      absent

Ray Murphy                                    aye

Terry Cain                             aye

Howard Rynearson                 aye

 

DULY PASSED AND ENACTED this 10th day of September, 2001.

 

ATTEST:                                                                     TOWN OF FORT MYERS BEACH     

 

 

By:                                                                                  By:_____________________                        

   Marsha Segal-George, Town Clerk                   Daniel Hughes, Mayor

 

Approved as to form by:

 

 

_______________________                          

Richard V.S. Roosa, Town Attorney