Ordinance No. 2023-034CITY OF CLERMONT
C h- C_ ORDINANCE NO.2023-034
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 CLERMONT, LAKE COUNTY, FLORIDA, CONFIRMING, CLARIFYING
3 AND RATIFYING THE AMENDMENT TO THE CITY CODE ADOPTED
4 BY ORDINANCE 2010-01-C AND FURTHER AMENDING RECENTLY
5 RENUMBERED ARTICLE I1, BOARDS, COMMISSIONS AND
6 COMMITTEES, DIVISION 2, PLANNING AND ZONING COMMISSION,
7 SECTION 101-67, "QUORUM" TO CONFIRM AND READOPT THE
8 QUORUM AS FOUR MEMBERS; PROVIDING FOR CONFLICT,
9 SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE
10 CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN
11 EFFECTIVE DATE.
12 WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
13 conferred upon local governments the authority to adopt regulations designed to promote the
14 public health, safety and general welfare of its citizens; and
15 WHEREAS, Ordinance 2010-01-C adopted by the City Council by action dated January
16 26, 2010 amended City Code section formerly numbered Section 2-76 reducing the number of
17 members of the Planning and Zoning Commission from 10 to 8; and
18 WHEREAS, in addition to the foregoing the intent of Ordinance 2010-01 C was to adopt
19 an amendment of City Code section formerly numbered Section 2-81 renumbered to Section 101-
20 67 reducing the quorum for meetings of the Planning and Zoning Commission from 5 to 4 members
21 as set forth in the published title of Ordinance 2010-01-C; and
22 WHEREAS, due to a scrivener's error, the quorum change described above, was not stated
23 within the body of Ordinance and therefore has not been codified into the City Code; and
24 WHEREAS, the City Council determines that it is in the best interest of the City and the
25 public to ratify and confirm the previously adopted change to Section 2-81 renumbered to Section
26 101-67 of the City Code effective January 26, 2010 by adopting this Ordinance.
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NOW, THEREFORE, BE IT ORDAINED and enacted by the City Council of the City
of Clermont, Florida that:
SECTION 1: AUTHORITY
The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes.
SECTION 2: RECITALS ADOPTED
The above recitals are true and correct, are incorporated herein by reference and form an integral
part of the Ordinance.
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CITY OF CLERMONT
C�ER ORDINANCE N0.2023-034
35 SECTION 3: RATIFICATION AND CONFIRMATION
36 The City Council does hereby ratify and confirm that at the time of its adoption Ordinance 2010-
37 01-C dated January 26, 2010 intended and did reduce the quorum number for meetings of the
38 Planning and Zoning Commission from 5 to 4 members.
39 SECTION 4:
40 Section 101-67 of the City Code of the City of Clermont is hereby amended for codification
41 purposes to read as follows (note strikethrough indicates removed words and underlined indicates
42 added):
43 Sec. 101-67. Quorum.
44 At any meeting of the planning and zoning commission, a quorum shall consist of five -four
45 members of the commission. No official action shall be taken in the absence of a quorum,
46 except to adjourn the meeting to a subsequent date.
47 SECTION 5: CONFLICT
48 All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
49 hereby repealed.
50 SECTION 6: SEVERABILITY
51 If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
52 the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
53 and effect as if enacted without the invalidated portion, except in cases where such continued
54 validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
55 Ordinance as a whole.
56 SECTION 7: CODIFICATION
57 The text of Section 4 of this Ordinance shall be codified as a part of the Clermont City Code. The
58 codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
59 the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such
60 editorial license.
CLE ' M, CITY OF CLERMONT
ch.—(Ch , ORDINANCE NO.2023-034
61 SECTION 8: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR
62 Regardless of whether such inclusion in the Code as described in Section 5 is accomplished,
63 sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical
64 and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
65 designee, without need of public hearing, by fling a corrected or re -codified copy of same with
66 the City Clerk.
67 SECTION 9: PUBLICATION AND EFFECTIVE DATE
68 This Ordinance shall be published as provided by law and it shall become law and shall take effect
69 immediately upon its Second Reading and Final Passage.
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CLERWONT CITY OF CLERMONT
--�.,�- ORDINANCE NO.2023-034
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
ipn this 12`h day of December 2023.
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ATT
Tracy Ackroyd I Lowe, MMC
City Clerk
Appro ed 7zaris,
gality:
Daniel 1~. ttorney
CITY OF CLERMONT
Tim Murry, May \