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2005-R-11 '-" ....." RESOLUTION NO. 2005-R-ll A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, EXPRESSING THE INTENT TO ADOPT PHASE II ON THE MANATEE PROTECTION PLAN FOR VOLUSIA COUNTY - BOAT FACILITY SITING PLAN AND IMPLEMENTATION (07/08/05); REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Governor and Cabinet named Volusia County as one of thirteen counties key to the survival of manatees and directed the creation of a Manatee Protection Plan ("MPP"); and WHEREAS, Manatee protection programs should strive to reduce manatee injury and mortality while taking into consideration natural resources, recreational usage and economic factors; and WHEREAS, the Florida Fish and Wildlife Conservation Commission approved Phase I of the Volusia County Manatee Protection Plan in February 2001, which addresses manatee/human interaction, habitat inventory, habitat protection, education, research, and governmental coordination; and WHEREAS, the Phase II, the Boat Facility Siting component of the Manatee Protection Plan for Volusia County, has been amended to include options for municipal provisions that meet or exceed State requirements. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Support. The City of Edgewater hereby endorses the proposed Florida Fish and Wildlife Conservation Commission's Manatee Protection Plan for Volusia County, including municipal options for boat slip aggregation, the establishment of a manatee conservation 2005-R-ll 1 ..... ....., trust fund, and other measures designed to protect manatees, while allowing compatible boat facility siting. Section 2. Comprehensive Plan. The City of Edgewater further agrees to adopt comprehensive plan amendments within its municipal boundaries consistent with the Manatee Protection Plan. Section 3. hereby repealed. Section 4. All resolutions or parts of resolutions in conflict herewith be and same are If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. Section 5. This resolution shall take effect upon adoption. After Motion by Councilwoman Licht3l3.d Second by the vote on this resolution was as follows: Councilwoman Rhodes AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Dennis A. Vincenzi x Councilwoman Harriet E. Rhodes x Councilwoman Judith Lichter x 2005-R-ll 2 Lel PASSED AND DULY ADOPTED this 1 st day of August, 2005. ATTEST: For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 2005-R-11 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council during the Council meeting held on the 1st day of August, 2005 under Agenda Item 6 1 .