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Ordinance No. 90-18-232 vORDINANCE NO. 90-18-232 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, AS AMENDED BY ORDINANCE 90-17-229, APPROVED AND ADOPTED BY THE CITY COMMISSION ON AUGUST 28, 2017, FOR A PERIOD OF FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90-16-225, AS AMENDED BY ORDINANCE NO. 90-17-229; 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 Commission on August 28, 2017 did approve and adopt Ordinance No. 90-17-229 extending the effectiveness of Ordinance 90-16-225 through February 22, 2018; and WHEREAS, the City is currently reviewing draft legislation and holding public meetings in regards to automotive and convenience store land uses, but has not concluded its review of regulations regarding the subject businesses; and WHEREAS, the City Commission now desires to extend the temporary moratorium for an additional period of four months as contemplated and authorized in said Ordinance No. 90-16-225, as amended by Ordinance No. 90-17-229; 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", as amended by Ordinance No. 90-17-229, is hereby extended from February 22, 2018 through June 22, 2018. 00936632-1 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, as amended by Ordinance No. 90-17-229, are hereby declared to remain in full force and effect and remain valid through June 22, 2018. SECTION 3. Effective Date. The effective date of this Ordinance shall be February 12, 2018, the day the City Commission first took action towards adoption of 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 12th day of February, 2018. PASSED by the City Commission on second and final reading this 26th day of February, 2018. CITY 0 ANTI BEACH Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: B n M. Du e , City Attorney Ordinance No. 90-18-232 Page 2 of 2