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Ordinance No. 90-17-229ORDINANCE NO. 90-17-229 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE "AUTOMOBILE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12, 2016, FOR A PERIOD OF SIX MONTHS FROM AUGUST 22, 2017 TO FEBRUARY 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90-16-225; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission did, on September 12, 2016, approve that certain Ordinance No. 90-16-225, known as the "Automobile Service Station Moratorium Ordinance," providing for a temporary moratorium with exemptions as to the filing and/or application for the establishment of certain businesses as more particularly described in said Ordinance No. 90-16-225, within the City limits, through August 22, 2017; and WHEREAS, the City has not concluded its review of regulations regarding the subject businesses; and WHEREAS, the City Commission now desires to extend the temporary moratorium for a period of six months as contemplated and authorized in said Ordinance No. 90-16-225; and WHEREAS, the extension of the temporary moratorium is in the best interest of the citizens of the City of Atlantic Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1. Extension of Temporary Moratorium. The temporary moratorium established by Ordinance No. 90-16-225, known as the "Automobile Service Station Moratorium" is hereby extended from August 22, 2017 through February 22, 2018. SECTION 2. Validity of Remaining Provisions. Except as amended in Section 1 above, all other provisions, terms and conditions of Ordinance No. 90-16- 225 are hereby declared to remain in full force and effect and remain valid through February 22, 2018. SECTION 3. Effective Date. The effective date of this Ordinance shall be Auq ust !w 2017, the day the City Commission first took action towards adoption of 00843751-1 this Ordinance to extend the temporary moratorium, in accordance with Smith v. Clearwater. 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified. PASSED by the City Commission on first reading this 14th day of August, 2017. PASSED by the City Commission on second and final reading this 28th day of August, 2017. CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Attest: .:064 ' Donna L. Bartle, City Clerk Approved as to orm and correctness: Ben M. Du en, ity Attorney 00043751-1